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These Terms of Sale (hereinafter the “Terms”) govern the entire contractual relationship between Nicolas Ferry, sole proprietorship (hereinafter the “Seller” or “CutDrop”), and any adult natural person or legal entity (hereinafter the “Customer”) making a purchase on the website cutdrop.io(hereinafter the “Site”).
Any order placed on the Site implies full and unreserved acceptance of these Terms by the Customer, who acknowledges having read them prior to placing their order. Customers are invited to carefully read these Terms before placing any order.
These Terms define the rights and obligations of the parties in the context of the online sale, by the Seller to the Customer, of downloadable digital products: presets, templates, transitions, LUTs, sound effects, motion graphics, and other resources intended for video editing and audiovisual creation (hereinafter the “Products”).
3.1. The Products offered for sale are described on the corresponding product pages of the Site, including: their name, description, software compatibility, price, and where relevant, visual previews or demos.
3.2. The essential characteristics of the Products are presented clearly and comprehensibly. The Seller strives to present the characteristics of its Products as accurately as possible, but cannot be held liable for minor errors or omissions in the descriptions.
3.3. Products are available as long as they are listed on the Site and marked as published. The Seller reserves the right to remove a Product from the catalog at any time, without prior notice.
3.4. Some Products are offered free of charge. These Terms apply in full to free Products, except for provisions related to payment.
4.1. Product prices are indicated in euros (EUR), all taxes included.
4.2. In accordance with article 293 B of the French General Tax Code, the Seller benefits from the VAT exemption regime. “TVA non applicable, art. 293 B du CGI”. Displayed prices therefore do not include VAT.
4.3. The Seller reserves the right to modify its prices at any time. Products are invoiced at the rates in force at the time the order is validated.
4.4. The Site may offer discount codes, promotional offers, gift cards, a referral program and a loyalty program. The terms of use of these benefits are specified at the time of their application and are not combinable with other offers unless explicitly stated otherwise.
5.1. To place an order, the Customer selects the Products they wish to acquire, adds them to their cart, then validates their order after checking the cart contents and total amount.
5.2. Before being able to validate their order, the Customer must mandatorily:
5.3. Once the order is validated and the payment confirmed, the Customer receives a confirmation email at the address they provided, containing the order summary and download links for the Products.
5.4. The Seller reserves the right to cancel or refuse any order for legitimate reasons, in particular in case of prior dispute, suspicion of fraud, non-payment, or manifest violation of these Terms.
6.1. Payment is made exclusively online, by credit card or by any other payment method offered on the Site, via the secure platform Stripe (Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
6.2.The Seller never stores the Customer's banking data. This data is transmitted directly, in encrypted form, to Stripe, which handles secure processing.
6.3. The order is considered definitively validated upon confirmation of payment by Stripe.
6.4. In the event of payment default, refused payment, or abusive chargeback, the Seller reserves the right to suspend access to the downloaded Products and to take any appropriate legal action.
7.1. The Products being downloadable digital files, delivery takes place through immediate provision of the files upon payment confirmation.
7.2. The files are accessible:
7.3. Each purchase grants 5 downloads per file, valid for 30 days from the purchase date. After this period, access expires automatically.
7.4. In case of technical difficulty downloading or using a Product, the Customer is invited to contact support at support@cutdrop.io as soon as possible.
8.1. Principle. Under article L221-18 of the French Consumer Code, consumers normally have a fourteen (14) day period to exercise their right of withdrawal from the conclusion of a distance sales contract.
8.2. Exclusion for digital content. However, in accordance with article L221-28 13° of the French Consumer Code, this right of withdrawal cannot be exercisedfor contracts for the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer's prior express consent and express waiver of their right of withdrawal.
8.3. Terms. At the time of placing their order, the Customer is invited to tick a checkbox by which they:
8.4. Consequence. The Customer may therefore not request a refund, exchange or cancellation of their order after payment confirmation. The exhaustive conditions of this exclusion and the remedies available in case of technical issues are detailed in the Refund Policy.
9.1. The purchase of a Product grants the Customer a non-exclusive, non-transferable, worldwide and perpetual license of use, within the limits defined below.
9.2. Authorized uses. The Customer may use the Products:
9.3. Prohibited uses. The Customer shall not, without prior written authorization from the Seller:
9.4. Sanctions. Any violation of the above restrictions constitutes infringement and exposes the offender to civil and criminal prosecution under articles L335-2 and following of the French Intellectual Property Code.
10.1. The Customer has the option to create a personal account on the Site in order to access their order history, downloads, loyalty points, and manage their wishlist.
10.2. The Customer is responsible for the confidentiality of their credentials and for any activity carried out under their account.
10.3. The Customer may at any time request the deletion of their account by contacting support@cutdrop.io. Account deletion does not entail the deletion of data required for accounting and tax retention (invoices), in accordance with legal obligations.
11.1. Independently of any commercial warranties that may be granted, the Seller remains liable for defects in conformity of the Product with the contract and for hidden defects, under the conditions provided in articles L217-3 and following of the French Consumer Code and articles 1641 and following of the French Civil Code.
11.2. To invoke these warranties, the Customer is invited to contact support@cutdrop.io, describing the observed defect precisely, providing their order number and any useful element (screenshots, technical description).
12.1. The Seller commits to providing Products conforming to their description and usable under normal conditions of use indicated on their page.
12.2. The Seller cannot be held liable for:
12.3.In any case, and to the fullest extent permitted by law, the Seller's liability is limited to the amount actually paid by the Customer for the affected Product.
13.1. In accordance with article L612-1 of the French Consumer Code, in case of a contractual dispute between the Customer consumer and the Seller that could not be resolved amicably, the Customer may have free recourse to a consumer mediator:
[À COMPLÉTER — Nom du médiateur agréé + URL]
13.2. The Customer may also use the European Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr
13.3. This referral is optional and prior to any legal action.
The processing of the Customer's personal data in the performance of these Terms is governed by the Privacy Policy, in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act.
15.1. These Terms are governed by French law.
15.2. Prior to any legal action, the parties shall endeavor to resolve any dispute amicably, if necessary through the consumer mediation provided for in Article 13.
15.3. Failing amicable resolution, and in accordance with articles L141-5 of the French Consumer Code and 42 of the French Code of Civil Procedure, the Customer consumer may, at their choice, seize the court of their place of residence or the place of performance of the contract.
The Seller reserves the right to modify these Terms at any time. The Terms applicable to an order are those in force on the date the order is validated. The last update date of the Terms is indicated at the top of this page.
By validating their order, the Customer acknowledges having read, understood and accepted without reservation these Terms of Sale.
18.1. The Site allows Customers who have made a purchase to publish a review of the Products acquired. This option is reserved exclusively for Customers with a verified purchase history with the Seller.
18.2. In accordance with French decree n°2017-1436 on information obligations regarding online reviews, the terms of publication and control of reviews are as follows:
18.3. The Seller reserves the right to refuse or remove any review that does not comply with the above conditions, or that is contrary to applicable laws.
18.4. Customers are informed that publishing a fake review (for example: pretending to be a Customer when one is not, publishing a review on behalf of a third party for compensation) constitutes a misleading commercial practice punishable under articles L121-2 and following of the French Consumer Code.
