Terms and Conditions of Sale
1. Seller identification
Products are sold by Dany Hoang Production, micro-entreprise, SIREN 887 515 989, registered office at 56 rue d'Hurlupin, 59560 Comines, France, reachable at danyhoang.video@gmail.com, hereinafter “the Seller”. VAT not applicable, article 293 B of the French General Tax Code.
2. Purpose and scope
These Terms and Conditions of Sale (“Terms”) govern any order for digital products placed on the site by a customer, hereinafter “the Buyer”. They apply to both consumers and professionals. The products offered are digital content (PowerGrades, LUTs, Presets, Notion Templates, VFX, export settings), hereinafter “the Products”. Their use is governed by the EULA (Conditions d'utilisation des produits numériques), which the Buyer acknowledges having read and accepted before ordering. By placing an order, the Buyer declares having the legal capacity to contract and accepts these Terms without reservation.
3. Products
The essential characteristics of each Product (description, compatibility, relevant software version) are presented on its sales page. Visuals and sample renders are illustrative: the result depends in particular on the camera, color profile, screen and the user's settings. The Products are designed to work with third-party software (notably DaVinci Resolve). It is the Buyer's responsibility to check, before purchasing, that their software version is compatible with the Product.
4. Price
Prices are shown in euros. As the Seller is not subject to VAT (article 293 B of the French General Tax Code), displayed prices are net of VAT and are the amounts payable. No delivery fee applies. The Seller may change its prices at any time. The applicable price is the one displayed when the order is confirmed.
5. Order
The Buyer selects the Product(s), reviews the content and price of the order, provides their information (including a valid email address), accepts these Terms and the EULA, and then confirms payment. This confirmation constitutes acceptance of the order and of these terms of sale. An order confirmation, reiterating in particular the request for immediate access and the waiver of the right of withdrawal, is sent by email. The Seller may refuse or cancel an order in the event of an existing dispute with the Buyer, incomplete payment, or manifestly fraudulent activity.
6. Payment
Payment is made online, in full, at the time of order, using the methods offered on the site. Payments are processed by Stripe, a secure payment provider. The Seller does not have access to the Buyer's full card details. The order is only final once payment is confirmed.
7. Delivery
Once payment is confirmed, the Product is delivered immediately by electronic means, either by email to the address provided when ordering, or via the Buyer's account on the site. The Buyer must check that their email address is correct and check their spam folder. If access to the Product is difficult, the Buyer must contact the Seller at danyhoang.video@gmail.com, who will act as promptly as possible.
8. Right of withdrawal
For consumers: a consumer is in principle entitled to a 14-day withdrawal period. However, for digital content supplied without a physical medium, this right cannot be exercised once performance has begun with the consumer's prior express consent and waiver of this right (article L221-28, 13° of the French Consumer Code). Before paying, the consumer Buyer must therefore check a separate box requesting immediate access to the Product and acknowledging the loss of their 14-day right of withdrawal. Without this acceptance, the order cannot be completed. For professionals: no right of withdrawal applies to purchases made for professional purposes.
9. No refunds and legal warranties
As Products are delivered immediately and cannot be returned, no refund is granted after delivery, except under the legal warranties below or at the Seller's discretion. The Seller is bound by the legal warranty of conformity for digital content (articles L224-25-12 et seq. of the French Consumer Code) and the warranty against hidden defects (articles 1641 et seq. of the French Civil Code). In the event of non-conformity, the consumer Buyer may request that the Product be brought into conformity or, failing that, a price reduction or termination of the contract, under the conditions provided by law. If the Product is defective, corrupted, or cannot be opened, the Buyer must contact the Seller by email describing the issue (screenshots, software version used); the Seller will provide a conforming file or, failing that, a suitable solution. The fact that the result does not match the Buyer's taste, or varies depending on their hardware or settings, does not constitute a lack of conformity.
10. Intellectual property
Purchasing a Product only grants a limited, non-exclusive, non-transferable and revocable license to use it, under the conditions of the EULA. It does not transfer any intellectual property rights. Any resale, sharing, redistribution or communication of source files is prohibited and may result in revocation of the license without refund, as well as legal action, in accordance with the EULA.
11. Liability
The Seller is responsible for the proper performance of its obligations under the conditions set by law. It cannot be held liable for damages resulting from improper use of the Product, incompatibility with hardware or software that does not meet the stated requirements, or the temporary unavailability of the site or third-party services (host, Stripe, email provider). The Seller's liability towards a professional Buyer is limited to the amount paid for the Product concerned. No limitation applies where prohibited by law, in particular with respect to consumers.
12. Force majeure
The Seller is not liable for failure to perform its obligations in the event of force majeure within the meaning of article 1218 of the French Civil Code.
13. Personal data
The Buyer's personal data is collected to process the order, deliver the Product, issue an invoice and respond to requests. It is processed in accordance with the Privacy Policy, which sets out the Buyer's rights (access, rectification, erasure, objection).
14. Customer service
For any question or complaint, the Buyer may write to danyhoang.video@gmail.com. The Seller will respond as promptly as possible.
15. Governing law and disputes
These Terms are governed by French law. Consumers residing in another country retain the benefit of the mandatory consumer protection provisions of their country of residence. In the event of a dispute, and failing an amicable resolution, French courts have jurisdiction, subject to the mandatory jurisdiction rules protecting consumers. For disputes with a professional Buyer, the competent courts are those of the Seller's registered office.
16. Changes to these Terms
The Seller may amend these Terms at any time. The applicable Terms are those in force on the date of the order.
17. Language
These Terms are drafted in French. In the event of translation, only the French version is authoritative.