Contractual framework
Terms
and conditions.
The common framework for creative, digital and advertising services carried out by Freshprod.
Document in preparation. Contact details for the Consumer Ombudsman must be added before these terms can be used with individual customers.
General conditions of sale and provision of services · version of August 15, 2026
1. Purpose and scope
These general conditions of sale and provision of services, hereinafter the “CGV”, govern the contractual relations between FRESHPROD, SARL with capital of 10,000 euros, whose head office is located at 18 rue d’Antin, 75002 Paris, hereinafter “Freshprod”, and any natural or legal person ordering a service, hereinafter the “Customer”.
They apply to photography services, video production and post-production, content creation, brand identity, website design, consulting, Meta Ads, Google Ads and TikTok Ads campaign management, as well as any related services described in a quote.
The General Terms and Conditions are supplemented by the quote, the brief, the calendar, the annexes and, where applicable, the special conditions agreed in writing. In the event of a contradiction, the special conditions and the quote prevail.
2. Pre-contractual information and acceptance
Before any order, the Customer receives the essential characteristics of the service, its price or method of calculation, its forecast schedule, the deliverables and any restrictions on use. It is up to him to verify that this information meets his needs.
The order becomes firm upon receipt by Freshprod of the quote signed or accepted in writing, acceptance of these General Terms and Conditions and payment of the planned deposit. Any subsequent modification must be accepted in writing by the parties and may result in an additional quote.
3. Quotes, prices and fees
Services are carried out on estimate. For a professional Customer, prices are expressed in euros excluding taxes, to which VAT is added at the applicable rate. For a consumer Customer, the total amount including taxes is indicated before the conclusion of the contract.
The quote specifies in particular the deliverables, quantities, locations, planned dates, rights of use, travel costs and any purchases or services from third parties. Unless otherwise indicated, any request that exceeds the accepted scope is subject to additional agreement and invoicing.
4. Deposit and payment
A deposit of 20% of the total amount is due upon signature. It materializes a firm commitment from the parties and allows the resources necessary for the mission to be reserved. The balance is payable upon delivery of the agreed items, according to the terms appearing on the quote or invoice.
No discount is granted in the event of early payment. Any transaction or exchange fees charged by a payment intermediary remain the responsibility of the Customer.
For professional Customers, any late payment entails, automatically and without prior reminder, the application of penalties calculated at the most recent refinancing rate of the European Central Bank increased by ten points. A fixed compensation of 40 euros for recovery costs is also due, without prejudice to additional compensation when the costs actually incurred are higher.
The provisions relating to professional penalties and fixed compensation of 40 euros do not apply to consumer Customers.
5. Customer collaboration
The Client provides, within the appropriate time frame, the information, access, validations, files, authorizations and people necessary to carry out the mission. He guarantees that he has the required rights to the content he provides to Freshprod, in particular brands, music, texts, images, databases and elements allowing people to be identified.
A delay, incomplete information or unavailability attributable to the Client may result in an equivalent shift in the schedule and, if this generates additional work or costs, additional invoicing previously announced.
6. Performance, delivery and revisions
The schedule, delivery formats, approval process and number of included revision rounds are specified in each quote. Timeframes start once Freshprod has received the deposit and all necessary materials.
Revision requests must be specific, consolidated and submitted within the period stated in the quote. Changes of direction, additional shoots, new pages, new formats or revisions beyond the agreed scope are additional services.
In the absence of detailed observations within the validation period provided for in the estimate, Freshprod may request written confirmation in order to close the phase concerned. This provision does not deprive the Consumer Customer of his legal rights.
7. Postponement and cancellation
Any request for postponement or cancellation must be made in writing as soon as possible. The financial consequences are assessed according to the proximity of the reserved date, the progress of the service, the time already mobilized and the non-recoverable expenses incurred for the project. The applicable scale, where it exists, is specified in the quote.
In the absence of a specific scale, Freshprod invoices the services actually provided and the costs incurred or become non-refundable. The deposit is charged on these amounts and any overpayment is returned. The legal rights of the consumer Customer, in particular his possible right of withdrawal, remain applicable.
8. Consumer right of withdrawal
When a contract is concluded remotely or off-premises with a Consumer Customer, the latter in principle has a period of fourteen days from the conclusion of the contract to exercise their right of withdrawal, without having to justify their decision.
If the consumer expressly requests that the service begin before the end of this period, he remains liable, in the event of withdrawal, for an amount proportional to the work accomplished until notification of his decision. The right of withdrawal is lost when the service has been fully performed before the end of the period, after express prior agreement of the consumer and recognition of the loss of this right.
Withdrawal may be exercised by an unambiguous declaration sent to jahidfreshprod@gmail.com or using the form at the end of these General Terms and Conditions.
9. Intellectual property and rights of use
The rights assigned or granted to the Customer are those expressly listed in the quote: media, purposes, territory, duration and scope. Unless otherwise stated, their effectiveness is subject to full payment of all amounts due.
Freshprod retains its methods, tools, know-how, previous elements, work files, rushes, sources, unretained models and reusable components, unless expressly transferred as provided in the quote. The delivery of a deliverable does not constitute automatic delivery of its source files.
The Client remains responsible for obtaining the necessary authorizations for the use of the elements it provides or the people and places whose representation it requests, except when this mission is expressly entrusted to Freshprod.
10. References and portfolio
Unless the Client refuses in writing at the latest before delivery, Freshprod may cite the Client's commercial name, reproduce its logo and present the deliverables produced in its portfolio, on its site, its social networks, its commercial files and during professional applications.
This authorization is exercised only in compliance with the rights of third parties, confidentiality obligations and applicable image rights authorizations. Any information expressly identified as confidential is excluded from this communication.
11. Web services and third-party services
For web services, the quote specifies hosting, domain name, licenses, maintenance and third-party services included. Unless otherwise stated, subscriptions, renewals, platform fees and maintenance operations following delivery remain the responsibility of the Customer.
Services provided by third parties remain subject to their own conditions and may evolve independently of Freshprod. Freshprod is not responsible for any interruption or modification exclusively attributable to these suppliers.
12. Advertising campaigns
Media budgets are separate from Freshprod's fees, unless otherwise indicated in the quote. The Client remains the owner or responsible for its advertising accounts and the payment of the platforms.
Freshprod undertakes to implement the agreed diligence and skills, but does not guarantee any precise volume of sales, leads, impressions or return on investment. Performance depends in particular on the offer, the market, the budget, the available data, the platforms and the Client's ability to process the requests received.
13. Liability
Freshprod is bound by an obligation of means. It is liable for direct and foreseeable damage resulting from a demonstrated failure to fulfill its obligations. It cannot be held responsible for the consequences of incorrect information provided by the Client, non-compliant use of deliverables, an act of a third party or an event reasonably beyond its control.
For professional Customers only, except for gross negligence, fraud, bodily injury or mandatory provision to the contrary, Freshprod's total liability for a mission is limited to the amount excluding taxes actually paid for the service causing the damage.
14. Force majeure
No party can be held responsible for a breach caused by an event of force majeure within the meaning of French law. The prevented party shall inform the other as soon as possible. The obligations affected are suspended for the duration of the impediment and the parties seek in good faith a postponement or adaptation solution.
15. Personal data
The data necessary for the preparation and execution of the services are processed in accordance with the Privacy Policy by Freshprod.
16. Complaints and consumer mediation
Any complaint must first be sent in writing to Freshprod, at the address jahidfreshprod@gmail.com, specifying the subject of the dispute and the relevant supporting documents.
Consumer clients: after a prior written complaint remains unresolved, the consumer can contact the consumer mediator to which Freshprod is a member free of charge. The name, address and website of the mediator must be inserted here after signing the membership and before any use of these General Terms and Conditions with an individual.
17. Applicable law and competent jurisdiction
The General Terms and Conditions and contracts concluded with Freshprod are subject to French law. The parties seek as a priority an amicable solution.
The consumer Customer may refer the matter to the competent courts according to the applicable legal rules. For disputes between professionals, in the absence of an amicable agreement, express jurisdiction is assigned to the courts within the jurisdiction of Freshprod's head office, including in the event of multiple defendants or warranty claims.
18. Final provisions
If a clause is declared inapplicable, the other provisions remain in force. Failure to immediately exercise a right does not constitute a waiver. The applicable version is that accepted on the date of the order.
For consumers only
Withdrawal form
To be sent only if you wish to withdraw from a contract concluded remotely or off-premises and your right of withdrawal is still applicable.
To the attention of FRESHPROD, 18 rue d’Antin, 75002 Paris · jahidfreshprod@gmail.com
I hereby give notice of my withdrawal from the contract for the following service: ____________________
Quote or order accepted on: ____________________
Consumer Name: ____________________
Consumer address: ____________________
Date and signature, only if sent on paper: ____________________