Domaine Fontenille

Terms and conditions of sale

Introduction

This document is a translated version. In the event of a dispute, the French version will prevail.

Wedding videographer blue line to separate the different sections of the site: contact, about, services, and many others.

Welcome to Bremesnil’s terms and conditions page. I pride myself on offering high quality videography for your special day and it is important to me that my clients understand the terms and conditions of my services. Here you will find the full terms and conditions governing my video services.

Below you will find detailed information on prices, payment terms, service provision, etc. If you have any questions or require further information, please do not hesitate to contact me.

Conditions Générales de Vente
Bremesnil alliance symbol

Company details:

Company name: Bremesnil

Legal status : Entrepreneur Individuelle

Company name: Bremesnil

SIRET number: 52247075600027

Registered office: 12 lotissement les Acacias, 84800 L’Isle-sur-la-Sorgur

Telephone number: +336 63 90 88 24

E-mail address: vincent@bremesnil.com

Publication manager: Vincent Tesniere

Publication date: 13 June 2024

Bremesnil is the trading name of the one-man business Vincent Tesniere, registered under number 52247075600027 in the Avignon Trade and Companies Register (RCS). The head office is located at 12 lotissement Les Acacias, 84800 L’Isle-sur-la-Sorgue. You can contact us by phone at +336 63 90 88 24 or by e-mail at vincent@bremesnil.com.

Article 1 - Purpose and scope

The purpose of these General Terms and Conditions of Sale (GTCS) is to define the rights and obligations of the parties in the context of the provision of videography services, in particular for weddings, professional and private events.s, professional and private events.s. provided by Bremesnil. They apply to all orders for services concluded between Bremesnil and its customers. All orders imply full and unreserved acceptance of these GCS, which prevail over any other document, including the customer’s own general conditions of purchase.

Article 2 - Definitions

Customer: Individual or legal entity having concluded a contract with Bremesnil for the provision of videography services.

Service provider: The individual company Vincent Tesniere operating under the trade name Bremesnil.

Service: Video capture, editing, digital delivery and any other additional services agreed between the parties.

Contract: All the contractual documents governing the relationship between the customer and the service provider, including the quote, these GTCs and any amendments.

Article 3 - Detailed description of services

3.1 - Basic services

The services offered by Bremesnil include :

  • Video capture: Bremesnil films key moments. Videography services are offered for weddings, professional and private events, according to a programme defined with the client. This includes coverage of the ceremony, the reception and any other moment agreed in advance. The service provider will film for the time indicated in the quote, following the schedule defined by the customer. The filming covers the times agreed in advance, and any request to change the schedule must be communicated to the service provider within a reasonable timeframe in order to ensure that the service is carried out correctly.
  • Video editing: Bremesnil produces an edited film of Videography Services, incorporating the images captured. This edit includes three sets of free modifications, allowing the customer to request specific adjustments, such as changing the music, adjusting the colours, or reorganising the video sequences.
  • Digital delivery: The final video is delivered in digital format via a secure link. This link is strictly personal and reserved for the customer’s use.

3.2 - Additional services

Depending on the customer’s specific requirements, additional services may be offered:

  • Additional filming: Any additional filming in relation to the initial programme will be subject to an additional quote.
  • Special effects and advanced retouching: If the customer requires complex retouching or the addition of special effects, a cost estimate will be drawn up based on specific requirements.
  • Physical media: On request, Bremesnil can supply videos on physical media (USB keys, DVD, etc.), at an additional cost.
Conditions Générales de Vente

Article 4 - Duration of the contract

The contract between Bremesnil and the customer takes effect upon signature of the quotation by both parties. It is concluded for the duration necessary to complete the services, including the period of post-editing modifications. The contract terminates on final delivery of the videos ordered, following acceptance by the customer or on expiry of a period of 60 days following the last communication from the customer without any response.

Article 5 - Prices and terms of payment

5.1 - Price determination

The prices of services provided by Bremesnil are calculated in euros exclusive of tax (HT), in accordance with article 293 B of the French General Tax Code, as the company is not subject to VAT. This means that the prices shown on quotations and invoices do not include VAT, which will not be added to the total amount.

The cost of services varies according to the specific services requested by the customer, the options chosen, and additional costs such as travel or special requests. Each service is the subject of a personalised quote, detailing the total price (excluding VAT) and the services included.

Additional options, such as additional photography, complex editing or delivery on physical media, will be priced separately and clearly indicated in the quote. Travel, accommodation and catering costs, if applicable, will also be listed separately.

5.2 - Terms of payment

Payment for services is made in two stages:

  1. Deposit on signing the quote: To validate the booking of the service, a deposit of 50% of the total amount excluding VAT must be paid on signing the quote. This deposit definitively commits both parties to the provision of the service, and guarantees the reservation of the date chosen by the customer.
  2. Payment of the balance: The remaining balance, i.e. 50% of the total amount excluding VAT, must be paid no later than the day of the event, before the start of the service. Failure to pay the balance may result in the suspension of services, in particular the non-delivery of videos and the suspension of editing.

Payments must be made by bank transfer to Bremesnil’s business account. Bank details will be provided to the customer when the quotation is signed. No other method of payment will be accepted without prior written agreement.

5.3 - Late payment penalties and collection costs

In accordance with current legislation, in the event of late payment more than 30 days after the due date, late payment penalties will be applied. These penalties amount to 5%of the total unpaidamount excluding VAT. They are calculated from the day following the due date of the invoice until the day of full payment of the amount due.

In addition to the late payment penalties, a fixed indemnity for collection costs of 40 euros will be payable, in accordance with article D. 441-5 of the French Commercial Code. This indemnity is due ipso jure and no formal notice is required.

In the event of persistent non-payment, Bremesnil reserves the right to suspend the performance of the service, including the editing and delivery of the videos, until full payment has been received. If payment is still not received after repeated reminders, Bremesnil may initiate collection proceedings, including legal proceedings, against the customer.

5.4 - Retention of title clause

In accordance with articles L. 624-16 et seq. of the French Commercial Code, the videos, as well as any other product resulting from the service, remain the exclusive property of Bremesnil until full payment of the invoice by the customer. This principle of retention of title enables Bremesnil to retain the rights to the works produced until full payment has been received.

Consequently, the customer does not have the right to use, broadcast or modify the videos before having paid the full amount due. Any unauthorised use of the videos before payment constitutes an infringement of Bremesnil’s rights and may give rise to legal proceedings.

5.5 - No VAT invoiced

As a company not subject to VAT, Bremesnil does not charge VAT on its services. This must be specified on all invoices issued: “TVA non applicable, article 293 B du Code général des impôts”. The customer will therefore not be able to reclaim VAT on the services provided by Bremesnil.

Article 6 - Right of withdrawal

6.1 - Legal withdrawal period

In accordance with article L221-18 of the French Consumer Code, the customer has a period of 14 calendar days to exercise their right of withdrawal without having to justify their decision or pay any penalties. This period begins on the day after the contract is signed (date of signature of the quotation).

6.2 - Exercising the right of withdrawal

To exercise his/her right of withdrawal, the customer must notify his/her decision in writing, either by registered letter with acknowledgement of receipt, or by e-mail with acknowledgement of receipt, sent to the following address: 12 Lotissement Les Acacias, 84800 L’Isle-sur-la-Sorgue or vincent@bremesnil.com. The customer may also use the retraction form provided in the appendix to these GCS.

6.3 - Effects of withdrawal

In the event of withdrawal within the legal period, Bremesnil will reimburse all payments received, including the deposit, within 14 days of notification of withdrawal. The refund will be made by the same means of payment used by the customer, unless otherwise agreed.

6.4 - Exceptions to the right of withdrawal

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply if the customer has expressly asked Bremesnil to begin performance of the service before the end of the withdrawal period. In the event of early commencement of services with the agreement of the customer, the latter waives his right of withdrawal for the service in progress.

Article 7 - Termination and amendment conditions

7.1 - Cancellation by the customer

Outside the legal withdrawal period (see Article 5), any cancellation by the customer must be notified to Bremesnil in writing. This notification can be made by registered letter with acknowledgement of receipt or by e-mail with acknowledgement of receipt. The date of receipt of this notification will be decisive in determining the effective date of cancellation.

Consequences of cancellation :

  • Cancellation without legitimate reason (other than force majeure): If cancellation occurs for reasons other than force majeure (as defined in article 1218 of the French Civil Code), the deposit paid by the customer will be retained by Bremesnil as compensation. This includes the 50% paid when the quotation was signed. These deposits cover the costs incurred by Bremesnil in preparing the service (reserving the date, preparations, etc.) and compensate for the loss of profit caused by the cancellation.
  • Partial cancellation: If the client wishes to reduce the scope of the service (for example, by cancelling certain options or reducing the duration of the recording), Bremesnil reserves the right to invoice the services already prepared or to apply a partial cancellation fee. This decision will be assessed on a case-by-case basis and a revised quotation will be issued.

Cancellation period :

In the event of cancellation less than 30 days before the date of the service, Bremesnil reserves the right to invoice the customer for the full amount due (over and above the deposit already paid), except in the event of duly justified force majeure. This provision is intended to cover substantial losses that cannot be offset by booking new services at short notice.

7.2 - Cancellation due to force majeure

In accordance with article 1218 of the French Civil Code, a case of force majeure is characterised by an unforeseeable, irresistible event external to the parties, making it impossible to perform the contract. Situations of force majeure may include, but are not limited to

  • Death or serious illness affecting the customer or a direct relative (e.g. spouse, parent).
  • Natural disasters (floods, storms, earthquakes, etc.).
  • Pandemics or government restrictions preventing the event from taking place.
  • Strikes or civil unrest preventing access to the event venue.

Cancellation procedure for force majeure :

  • The customer must inform Bremesnil as soon as possible of the occurrence of a case of force majeure, providing documentary evidence (medical certificate, official statement, etc.).
  • Full refund: In the event of proven force majeure, Bremesnil undertakes to refund all sums paid by the customer, including the deposit. No cancellation charges will be applied.
  • Partially performed service: If the service has already been partially performed before the event of force majeure occurs (for example, videos have already been shot), Bremesnil reserves the right to retain part of the sums paid in proportion to the services already rendered.

7.3 - Cancellation by Bremesnil

Force majeure :

  • Force majeure: Bremesnil reserves the right to cancel the service in the event of force majeure, as defined in article 1218 of the French Civil Code. This includes unforeseen circumstances that make it impossible to provide the service, such as serious health problems affecting the service provider, extreme weather conditions, or other situations preventing the performance of the contract.
  • Full refund: In the event of cancellation by Bremesnil on the grounds of force majeure, the customer will be refunded all deposits paid. No additional costs will be charged.

Cancellation without force majeure :

  • Cancellation for other reasons: If Bremesnil cancels the service for reasons other than force majeure (for example, inability to provide the service on the agreed date due to a planning error), it will use its best endeavours to propose a qualified replacement provider. However, Bremesnil cannot guarantee the availability or quality of this replacement provider.
  • Refunds and compensation: In the event of cancellation without force majeure, Bremesnil will also refund any deposits paid. If the customer accepts a replacement service provider, Bremesnil undertakes to cover any difference in price, up to the amount initially agreed for the service.

7.4 - Change of service date

If the customer wishes to change the date of the service, he must inform Bremesnil in writing at least 2 months before the date initially planned. The request must be sent by registered letter with acknowledgement of receipt or by e-mail with acknowledgement of receipt.

Modification conditions :

  • Subject to availability: A change of date is subject to Bremesnil’s availability. If the service provider is available on the new date proposed by the customer, an amendment to the contract will be drawn up at no extra cost. The schedule will be revised accordingly.
  • Change Fee: If the change of date results in additional costs to Bremesnil (for example, due to revised travel costs or the need to sub-contract parts of the service), these costs will be communicated to the customer prior to the change. A revised quotation will be issued and must be accepted by the customer.

In the event of disagreement over the new date :

If the customer and Bremesnil are unable to agree on a new date for the service, the contract may be terminated in accordance with the conditions set out in article 7.1. This means that the deposit will be retained by Bremesnil if the cancellation is not due to force majeure.

Postponement due to force majeure :

If the request to postpone the date is due to force majeure, the conditions of article 7.2 will apply. No change fee will be applied, and Bremesnil will do its utmost to accommodate the customer on a new date, subject to availability.

Article 8 - Ancillary costs

8.1 - Travel expenses

Travel costs will be indicated in the quote, regardless of distance or department. 

8.2 - Catering

The customer undertakes to provide a meal similar to that served to the guests for the service provider during the event. In the case of a service involving several meals (lunch and dinner), both meals must be provided. If no meal is provided, an allowance of 50 euros per meal will be charged, in addition to travel expenses.

8.3 - Hosting

For events taking place more than 2 hours’ drive from l’Isle-sur-la-Sorgue, the customer must provide accommodation for the service provider. If this accommodation is not provided, an allowance of 200 euros per night will be charged to cover accommodation costs.

Article 9 - Performance of the service

9.1 - Obligations du client

The client plays an essential role in the successful completion of the videography service, particularly for videography services for weddings, professional and private events. As such, he/she has several obligations that must be respected in order to guarantee the quality of the service provided by Bremesnil:

  1. Provision of the necessary information:
    • The customer undertakes to provide Bremesnil with all the information requiredfor the proper performance of the service. This includes, but is not limited to
      • A detailed programme for the day or days of the event, specifying times, locations, and key moments to be filmed (ceremony, reception, etc.).
      • Contactdetails for people on site (organiser, master of ceremonies, etc.) to ensure smooth communication on the day of the event.
      • Maps and access to the various filming locations, particularly if they are complex or dispersed.
  2. Access to shooting locations :
    • The client must ensure that Bremesnil and its crew have unrestricted accessto the various filming locations on the day of the event. This involves :
      • Providing the necessaryaccess authorisations for places that are private or closed to the public.
      • Ensure that Bremesnil’s technical teams have sufficient time to set up before filming begins, particularly for key moments such as the ceremony.
  3. Administrative authorisations :
    • The customer is responsible for obtaining the necessary authorisationsfor filming in private or public places, including :
      • Authorisation for filming in places subject to restrictions (e.g. churches, historic monuments, private property).
      • Legal declarations for filming in public places, if necessary, in coordination with the local authorities.
      • Coordination with third parties (e.g. officiants, venue owners, etc.) to ensure that filming is not interrupted or restricted.
  4. Notification of changes:
    • If any changes to the programme or shooting conditions occur after the initial information has been sent, the customer undertakes to inform Bremesnilimmediately. This will enable the service provider to adjust its schedule, equipment or teams accordingly.
  5. Liability in the event of non-compliance :
    • In the event that the required information is not provided, or changes are not communicated in time, Bremesnil cannot be held responsible for the partial or total impossibility of carrying out the service as planned. The customer may be held responsible for any additional costs incurred as a result (additional travel costs, need to return to the event location, etc.).

9.2 - Bremesnil's obligations

As a professional service provider, Bremesnil is committed to meeting the highest standards of quality and professionalism in the execution of its services:

  1. Respect for the rules of the trade:
    • Bremesnil undertakes to carry out the videography service with diligenceand in compliance with best practicein force in the profession. This includes :
      • The use of high-quality equipment, adapted to the specific conditions of the shoot.
      • The use of shooting and editing techniques that meet professional standards.
  2. Meeting agreed deadlines:
    • Bremesnil undertakes to meet the agreed deadlines for the service, including filming and delivery of the edited videos, except in cases of force majeure. In the event of a foreseeable delay, Bremesnil will inform the customer as soon as possible to agree a new schedule.
  3. Management of unforeseen circumstances :
    • In the event of unforeseen circumstances on the day of the event (adverse weather conditions, equipment breakdown, etc.), Bremesnil undertakes to inform the customer immediately and to propose alternative solutionswherever possible. These solutions may include :
      • Using replacement equipment if available.
      • The reorganisation of the shooting schedule to adapt to the new conditions.
  4. Confidentiality and discretion:
    • Bremesnil undertakes to respect the confidentiality of the information and images gathered during the service. The service provider must act with discretion during the event, minimising any disruption to the guests and the running of the festivities.

9.3 - Aerial photography

Aerial photography is a specialised service that offers unique perspectives on the event. However, aerial photography is subject to strict regulations:

  1. Compliance with current regulations:
    • Bremesnil uses a class C1(less than 800g), in compliance with European regulations. Photographs are taken in compliance with current flight rules in forcein particular :
      • Maximum height of 120 metres outside built-up areas.
      • It is forbidden to fly over people, except with specific authorisation.
      • Visual flight only, without exceeding the visual control distance.
  2. Weather conditions and legal restrictions:
    • The ability to take aerial photographs depends on weather conditions (wind, rain, etc.) and legal restrictions (no-fly zones, local bans). If these conditions do not allow the use of the drone :
      • Bremesnil cannot be held responsible for the absence of aerial shots.
      • The customer will be informed as soon as possible and, if necessary, a plan B will be proposed (ground photography, use of alternative images, etc.).
  3. Specific authorisations :
    • For locations requiring specific authorisations for drone flights (for example, in urban areas or close to sensitive sites), the customer must ensure that all necessary authorisations are obtained prior to the date of the event. Bremesnil can assist the customer in these steps, but the final responsibility for obtaining the authorisations lies with the customer.
  4. Safety of operations:
    • Bremesnil undertakes to carry out drone operations in complete safety, avoiding any risk to persons and property. The service provider will refrain from carrying out flights if safety conditions are not met.
  5. Limitation of liability:
    • In the event of it being impossible to carry out aerial photography due to factors beyond Bremesnil’s control (weather, legislation, lack of authorisation), no price reduction or partial refund may be demanded by the customer, unless otherwise agreed in the contract.

Article 10 - Delivery times

The edited videos will be delivered within 1 to 3 months after the event, depending on the complexity of the editing and the workload. This deadline may be extended in exceptional circumstances (technical problems, force majeure). No penalty for delay will be applied, unless specifically agreed between the parties. If additional time is required, Bremesnil undertakes to inform the customer as soon as possible.

Article 11 - Intellectual property

11.1 - Copyright and reproduction rights

The videos produced by Bremesnil are works protected by the Intellectual Property Code. Bremesnil remains the exclusive owner of the copyright on the videos produced. The customer has the right to private, personal and non-exclusive use of the videos. Any use for commercial, advertising or promotional purposes requires the prior written consent of Bremesnil.

11.2 - Use by the customer

The customer is authorised to share the videos on his social networks or any other distribution medium, provided that Bremesnil is mentioned as the author of the work and that the videos are not altered (colour changes, cropping, etc.). Any unauthorised modification of the videos is prohibited without the express agreement of Bremesnil.

Article 12 - Protection of personal data

12.1 - Data collection and processing

In accordance with the General Data Protection Regulation (RGPD), the personal data collected by Bremesnil (name, address, contact details, etc.) is used solely to manage orders, provide services and communicate with the customer. This data is kept for the time necessary to achieve the purposes for which it was collected.

12.2 - Customer rights

Customers have the right to access, rectify, delete and oppose the processing of their personal data. To exercise these rights, the customer may contact Bremesnil at the following address: vincent@bremesnil.com. Bremesnil undertakes to respond to customer requests within a reasonable time and to guarantee the confidentiality and security of the data collected.

Article 13 - Liability insurance

Bremesnil has professional and operational civil liability insurance covering damage to property and personal injury caused during the performance of its services. It is the customer’s responsibility to ensure that their own insurer covers the risks associated with the event, including those relating to the property and people filmed.

Article 14 - Mediation and settlement of disputes

14.1 - Obligation to mediate

In accordance with article L. 616-1 of the French Consumer Code, in the event of an unresolved dispute between Bremesnil and the customer, the latter may have free recourse to a consumer mediator. The contact details of the competent mediator are as follows: Médiateur-Consommation-smp ; 24 rue Albert de Mun 33000 Bordeaux. Site internet :  https://www.mediateur-consommation-smp.fr/

Any dispute relating to the performance of the services may be referred to the mediator, provided that the customer has already attempted to resolve the dispute directly with Bremesnil.

14.2 - Applicable law and jurisdiction

These GCS are governed by French law. In the event of a dispute, and after an attempt at amicable resolution by mediation, the competent courts will be those of the place of Bremesnil’s registered office, unless otherwise provided by law applicable to consumers, who may also bring the matter before the courts of their place of residence.

Article 15 - Force majeure

In the event of force majeure, as defined in article 1218 of the French Civil Code (natural disaster, war, pandemic, etc.), the obligations of the parties will be suspended. If the event of force majeure continues beyond 30 days, the contract may be terminated by either party as of right, without any compensation being due. Deposits will be reimbursed, with the exception of costs already incurred by Bremesnil in preparing the service.

Article 16 - Confidentiality

The service provider undertakes to maintain a discreet presence and to minimise any disruption during the provision of services, whatever the type of event or project. The service provider also undertakes to protect the confidentiality of all information exchanged as part of the service, including images, videos and other data collected, which will under no circumstances be disclosed to third parties without the customer’s authorisation, except in the event of a legal obligation.

Storage of video files:
Source files are stored for as long as is necessary to finalise the video project, and for a maximum of one year after final delivery. After this period, only the finalised files (the final product delivered to the customer) will be kept, with no guarantee of long-term storage. The customer may request that the files be deleted at any time by contacting the service provider in writing.

These General Terms and Conditions of Sale apply from 09 September 2024.

Appendix: Withdrawal form

(To be completed and returned only if you wish to withdraw from the contract)

For the attention of Bremesnil, Vincent Tesniere, 12 lotissement les Acacias, 84800 L’Isle-sur-la-Sorgue.

I hereby notify you of my withdrawal from the contract for the following service:

  • Ordered on : [Date]
  • Customer name: [Name]
  • Customer address: [Address]
  • Customer’s signature (only in the case of notification by post)
  • Date