Terms of sale
The rules that apply to all our services, for consumers and businesses alike.
Key points
- A written quote precedes every service and is binding.
- Bookings are confirmed by a 30% deposit: it is an "acompte", not a forfeitable "arrhes" payment.
- Free rescheduling up to 7 days before the session (48 hours for lessons).
- Consumers booking at a distance: 14-day right of withdrawal.
- The producer's rights in your recordings are assigned to you once payment is complete.
- No use of your voice by artificial intelligence without your separate written consent.
§01Purpose and scope
These terms of sale govern the services offered by Bentstarshift SASU ("the studio"): recording, mixing and mastering, beatmaking and production, dubbing and voice-over, audio and video podcasts, private audio lessons.
They apply to every client, whether a consumer or a business. Some clauses concern only consumers (individuals acting outside their trade or profession) or only businesses, and are marked as such. These terms prevail over any other document, except for written special conditions stated in the quote. The French version prevails in case of discrepancy.
Back to contents§02Studio details
Bentstarshift SASU, single-shareholder simplified joint-stock company (SASU, French law) with share capital of €8,000, 27 Rue des Amidonniers, 31000 Toulouse, France, RCS Toulouse 928 417 369, VAT FR36 928417369. Phone: +33 (0)5 61 42 87 30. E-mail: [email protected]. Hours: Tuesday to Saturday, 11:00–21:00, by appointment.
Back to contents§03Pre-contractual information, quote and order
Before any order, the studio gives you the information required by Article L.111-1 of the French Consumer Code and, for distance contracts, Article L.221-5: main characteristics of the service, price, date of performance, payment terms and right of withdrawal.
Every request leads to a written quote stating the service, duration, price excluding and including VAT, deposit amount, delivery formats and number of revision rounds included. The quote is valid for 30 days.
The order is formed when you accept the quote in writing (e-mail or signature) and pay the deposit. The website form is not an order. The studio sends you written confirmation of the booking, including these terms, on a durable medium.
Back to contents§04Prices
Prices are stated in euros, including VAT (20%) and excluding VAT, in accordance with Article L.112-1 of the French Consumer Code. The rate card on the Services and rates page is indicative; the applicable price is the one in the accepted quote.
No charge is made unless it appears in the quote. Extra hours, hire of specific equipment or session musicians are only charged after your written agreement.
Back to contents§05Deposit
A booking becomes firm on receipt of a 30% deposit on the quote amount including VAT.
"Acompte", not "arrhes". By express stipulation, as permitted by Article L.214-1 of the French Consumer Code, sums paid in advance are deposits ("acomptes") and not "arrhes". The deposit is a first payment of the price: it firmly commits both parties and is deducted from the final invoice. Rescheduling and cancellation rules are set out below.
Under Article L.214-2 of the same code, advance payments that should be refunded to you bear interest at the statutory rate after three months from payment.
Back to contents§06Payment
Payment is made by bank transfer or card at the studio. There is no online payment on the website. The balance is paid at the end of the session for hourly or daily services, and on delivery of the files for mixing, mastering and production. An invoice is issued for every payment.
Businesses: prices excluding VAT apply; payment within 30 days end of month from the invoice date at the latest, unless agreed otherwise in writing. Any late payment automatically incurs penalties equal to the European Central Bank rate plus 10 percentage points, and a fixed €40 recovery fee (Articles L.441-10 and D.441-5 of the French Commercial Code).
Consumers: in the event of late payment, sums due bear interest at the statutory rate after formal notice (Article 1231-6 of the French Civil Code). Final files may be released after full payment.
Back to contents§07Rescheduling and cancellation by the client
- More than 7 days before the session: free rescheduling to a new date, or cancellation with a refund of the deposit.
- Between 7 days and 48 hours: the deposit is kept and carried over once to a new date within three months.
- Less than 48 hours before, or no-show: the deposit is retained by the studio, except in duly evidenced cases of force majeure.
- Private lessons: free rescheduling up to 48 hours before; after that, the hour is deducted from the pack or remains payable.
These rules apply without prejudice to the right of withdrawal described below. Any rescheduling or cancellation must be made in writing (e-mail).
Back to contents§08Cancellation by the studio and force majeure
If the studio has to cancel a session (major breakdown, engineer unavailable), it informs you as soon as possible and offers, at your choice, a new date or a full refund of the sums paid within 14 days.
Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment is temporary, performance is suspended; if it lasts more than 30 days, either party may terminate the contract, and sums paid for services not performed are refunded.
Back to contents§09Right of withdrawal
If you are a consumer and the contract is concluded at a distance (form, e-mail, phone) or off-premises, you have 14 days from the conclusion of the contract to withdraw, without giving reasons and without incurring costs other than those set out below (Articles L.221-18 et seq. of the French Consumer Code).
To exercise it, send us an unequivocal statement before the deadline, by e-mail to [email protected] or by post to the registered office, or use the model form below. We acknowledge receipt without delay.
Session scheduled during the withdrawal period. If you expressly ask for the service to start before the end of the withdrawal period, you can still withdraw; you then pay an amount proportionate to what has been provided up to your withdrawal (Article L.221-25). If the service has been fully performed before the end of the period, with your prior express agreement and your acknowledgement that you lose the right of withdrawal, the right can no longer be exercised (Article L.221-28, 1°).
Refund. We refund the sums due no later than 14 days after receiving your withdrawal, using the same means of payment you used unless agreed otherwise, at no cost to you.
Model withdrawal form (annex to Article R.221-1 of the French Consumer Code) — complete and return it only if you wish to withdraw from the contract.
To Bentstarshift SASU, 27 Rue des Amidonniers, 31000 Toulouse, France, [email protected]:
I hereby give notice that I withdraw from my contract for the provision of the following service:
Ordered on: ……………… / Quote reference: ………………
Name of consumer: ………………………………
Address of consumer: ………………………………
Signature of consumer (only if this form is notified on paper): ………………
Date: ………………
§10Sessions
Sessions take place at the agreed times. A client's late arrival does not automatically extend the session; the booked time remains payable. The engineer may extend the session if the schedule allows, at the hourly rate and with your agreement.
The studio welcomes up to eight people per session. It is non-smoking (vaping included); drinks are not allowed in the control room or near the equipment. The studio may stop a session in the event of behaviour endangering people or equipment, or obvious intoxication; the hour started remains payable.
The client is liable for damage they or their companions cause to the equipment or premises, beyond normal wear and tear. We recommend checking that your civil liability insurance covers this risk. The studio is not responsible for personal items and instruments left unattended.
Headphone and control room levels are kept reasonable; hearing protection is available.
Back to contents§11Minors
Minors are welcome from the age of 12. Booking, acceptance of the quote, payment and permission to record and publish are handled by a legal guardian. For under-16s, a responsible adult stays at the studio for the whole session or lesson.
Back to contents§12Delivery, revisions and archiving
Files are delivered via a download link, in the formats and within the timeframes stated in the quote. The number of revision rounds included is stated in the quote (two for mixing, one for mastering only, two for full production). Requests beyond that, or that change the direction of the work, are subject to an additional quote.
The session is archived for 12 months after delivery, then deleted, unless you ask in writing for an extension. The studio is not an archiving service: clients must keep their own copies. Delivery times are indicative for businesses; for consumers, if no date has been agreed, the service is performed within 30 days of the order (Article L.216-1 of the French Consumer Code).
Back to contents§13Intellectual property and rights in recordings
Your works and performances. The client keeps their authors' rights and performers' rights. The studio claims no rights in the works recorded.
Producer's rights. The rights of the phonogram or videogram producer in recordings made at the studio (Articles L.213-1 and L.215-1 of the French Intellectual Property Code) are assigned to the client, worldwide and for the full term of protection, once the invoice has been paid in full. A certificate of assignment is provided on request.
Studio compositions. When the studio's producer composes all or part of an instrumental, the split of authors' rights and terms of use are set out in writing in the quote or a separate contract before any exploitation.
Material supplied by the client. The client warrants that they hold the necessary rights and permissions for anything they supply: lyrics, compositions, samples, purchased instrumentals, performances of guest musicians or actors (Article L.212-3). The client indemnifies the studio against any claim in this respect.
Artificial intelligence. The studio never uses recordings to train an artificial intelligence system, generate a synthetic voice or clone a voice, except with the separate, explicit written consent of the person concerned.
Studio promotion. The studio may only mention the project or share an excerpt with the client's written consent, for the specific use agreed.
Back to contents§14Image rights (video podcasts and filming)
Everyone filmed at the studio has a right over their image (Article 9 of the French Civil Code). The client, as producer of the content, obtains the written permission of the people filmed or recorded for the intended publication, and that of the legal guardians for a minor. A release template is available on request.
Back to contents§15Private lessons
Lessons are private lessons. They are not vocational training within the meaning of Article L.6313-1 of the French Labour Code, are not Qualiopi-certified, lead to no diploma or certification and are not eligible for the personal training account (CPF). A certificate of attendance can be provided.
The five-lesson pack is valid for three months from the first lesson and can be extended once by three months on request. Hours unused at the end of validity are not refunded, except where the right of withdrawal is exercised or the studio is at fault.
Back to contents§16Legal warranties and liability
The studio performs its services with care and in accordance with professional standards. For files delivered, consumers benefit where applicable from the legal conformity guarantee for digital content (Articles L.224-25-1 et seq. of the French Consumer Code).
The studio is not responsible for the commercial or artistic success of a project, nor for artistic choices approved by the client. Businesses: the studio's liability is limited to the price of the service concerned, except for gross negligence or wilful misconduct. Consumers: the studio's liability is assessed under ordinary law; no clause limits compensation for personal injury.
Back to contents§17Personal data
Data needed to perform the contract is processed in accordance with our privacy policy. When the studio records people on behalf of a business client, the data processing agreement applies.
Back to contents§18Complaints and mediation
Any complaint should be sent in writing to [email protected] or to the registered office. We reply within 15 days.
If you are a consumer and no solution has been found, you may refer the matter free of charge to the consumer mediator MEDICYS (https://www.medicys.fr) within one year of your written complaint (Articles L.612-1 et seq. of the French Consumer Code).
If you are registered on the Bloctel list, we will not cold-call you (Article L.223-2 of the same code).
Back to contents§19Governing law and jurisdiction
These terms are governed by French law.
Consumers: in the event of a dispute, you may bring proceedings, at your choice, before the court of the place where you lived when the contract was concluded, the place where the service was performed or the studio's registered office (Article R.631-3 of the French Consumer Code). Mediation is not mandatory. Consumers habitually resident in another EU country also keep the protection of the mandatory rules of their country of residence.
Businesses: any dispute falls within the exclusive jurisdiction of the Toulouse Commercial Court (Tribunal de commerce de Toulouse), including where there are several defendants or third-party claims.
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