Studio Fuoco is a simplified joint-stock company (SARL) under French law with a share capital of €2,000, Registered at the Registre des Commerces et des Sociétés de Marseille under the number RCS Marseille 102 702 735 [Marseille Trade and Companies Register]. Its registered office is located at 152, Cours Lieutaud – 13006 Marseille, and the company is represented by Cynthia Duchanois and Alice Ongaro (the managers).
The studio’s intra-community VAT number is FR36102702735.
The studio can be contacted using the following details:
– 152, Cours Lieutaud – 13006 Marseille – hello[at]studio-fuoco.com –
Article 1 – SCOPE OF APPLICATION
These general terms and conditions of service (the “General Terms and Conditions“) apply to the following services (the “Services“) provided by the Provider to any consumer and non-professional wishing to benefit from them (the “Client“) on the website www.studio-fuoco.com:
- Workshops
- 15-hour and 30-hour open-access packages
- Residency package (unlimited access)
- Classes
The main characteristics of the Services are presented on the website www.studio-fuoco.com. The Client is required to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Client.
These General Terms and Conditions are accessible at any time on the website www.studio-fuoco.com and shall prevail over any other document.
The Client declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before initiating the online ordering procedure on the website www.studio-fuoco.com.
Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Client.
Article 2 – PRICE
The Services are provided at the current rates appearing on the website www.studio-fuoco.com when the order is recorded by the Client.
Prices are expressed in Euros, inclusive of all taxes (TTC).
The rates take into account any discounts that may be granted by the Provider on the website www.studio-fuoco.com.
These rates are firm and non-revisable during their validity period, but the Provider reserves the right, outside the validity period, to modify the price at any time.
Prices do not include processing, shipping, and delivery costs, which will be invoiced additionally under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
The invoice is issued by the Provider and provided to the Client upon provision of the ordered Services.
Article 3 – ORDERS
It is up to the Client to select the Services they wish to order on the website www.studio-fuoco.com according to the following modalities:
The Client selects a Service and places it in their cart. The Client can delete or modify this Service before validating their order and accepting these General Terms and Conditions of Sale.
The Client will then enter their contact details or log into their client account area. After validating the information, the order will be considered final and will require payment from the Client in accordance with the specified terms.
The sale will only be considered valid after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and to report any error immediately.
Any order placed on the website www.studio-fuoco.com constitutes the formation of a contract concluded at a distance between the Client and the Provider.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. The Client can follow the progress of their order on the website.
Article 4 – INVOICING AND PAYMENT TERMS
The Services are invoiced, and the price is due in full and payable in cash on the day the order is placed.
In accordance with Article L. 221-10 of the French Consumer Code, and except for the exceptions referred to in that same article, when the order has been subscribed outside the Provider’s establishment within the meaning of Article L. 221-1 of the French Consumer Code, the execution and payment of the Services cannot take place before the expiration of a seven (7) day period from the conclusion of these terms by a consumer, unless express request to the contrary by the Client collected under the conditions provided for in Article L. 221-25 of the French Consumer Code.
The following payment methods may be used:
- Credit/Debit card payment
- bank transfer
In the event of advance payment by the Client, no discount will be applied. Under no circumstances can payments be suspended or subject to any compensation without prior written agreement between the Provider and the Client. Any suspension, deduction, or compensation operated unilaterally by the Client will be treated as a default of payment and will entail all the consequences of a late payment.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the website www.studio-fuoco.com.
The Provider shall not be bound to provide the Services ordered by the Client if the Client does not pay the full price under the conditions indicated above.
Article 5 – MODALITIES OF SERVICE PROVISION
The Provider is only required to provide the Services ordered by the Client in the event of partial or full payment of the price and actual receipt thereof under the conditions set out above in Article 3.
In the absence of immediate execution of the Services, they will be provided on the date or within the period appearing in the order, at the location agreed with the Client and previously accepted by the Provider.
The Provider declares to have the skills, experience, and resources necessary to provide the Services and will assume full responsibility for both the execution of the Services and the organization of its staff’s work, if applicable.
The Provider will provide the Services in good faith and will implement all diligence required for the execution of its obligations under these General Terms and Conditions, in compliance with legislative and regulatory provisions and the rights of third parties.
The Services ordered by the Client will be provided according to the following modalities:
- Open-access and residency packages: Access to the studio and all the equipment necessary for the practice of ceramics (wheel throwing and handbuilding) from Tuesday to Thursday from 10:00 am to 9:00 pm, Friday to Saturday from 10:00 am to 6:00 pm, and Sunday from 11:00 am to 5:00 pm.
- Clay: Clay is not included in the Residency and Open-Access packages; it is sold at cost price.
- Firings: Firings are included in the Open-Access and Residency packages. Please note that only the equivalent of one kiln shelf (diameter 60 cm, height 20 cm) with 2 firings per piece (bisque at 950°C and glaze at 1250°C) is counted per month. If a person wishes to fire additional pieces, the firing will be invoiced.
- Storage: A storage space of 35x50x35 sub-cm will be made available for Open-Access packages, and 2 shelves of 35x50x35 cm for the Residency package.
- Glazes and slips (engobes) of the studio are included in the packages.
- Workshops: Workshops taught by ceramicists to learn ceramic techniques; all necessary equipment is available on-site. Clay, firings, slips, and glazes are included in this package.
- Classes: classes taught by ceramicists to learn ceramic techniques; all necessary equipment is available on-site. Clay, firings, slips, and glazes are included in this package.
- Pieces will be fired within a maximum period of 60 days from the end of their production and can be collected at the studio during opening hours.
The Provider undertakes to take all necessary care in handling, drying, and firing the pieces made by the Client. However, the Client expressly acknowledges that the practice of ceramics involves intrinsic and unpredictable technical hazards (cracks during drying, chemical reactions of glazes, thermal shocks). Consequently, the Provider is bound by an obligation of means and not of result regarding the final outcome of the pieces. The Studio’s liability cannot be engaged in the event of breakage, cracking, or explosion during drying or firing, provided that these damages result from the technique used by the Client or normal risks associated with the clay transformation process.
The Provider will cooperate actively and in good faith with the Client in all areas with a view to the proper execution of the Services, and will immediately inform the Client of any difficulty or dispute arising during the execution of its mission.
The Provider will provide the Services in complete independence and autonomy. Neither the Provider, nor its directors, nor its staff members shall have the power or authority to make decisions, commitments, or conclude contracts in the name and on behalf of the Client in any way whatsoever, unless prior and special written mandate is given by the Client.
Compliance with premises and internal regulations: The Client undertakes to comply with the internal regulations posted on the premises of Studio Fuoco. Any serious or repeated breach of these regulations may result in the Client’s permanent exclusion from a class or workshop, without any refund or compensation being claimed.
Article 6 – OBLIGATIONS OF THE CLIENT
The Client cooperates actively and in good faith with the Provider in all areas with a view to the proper execution of the Services.
In particular, the Client communicates information and documents that are complete, precise, accurate, and sincere, and takes the decisions reasonably necessary within the timeframes required for the execution of the Services.
The Provider will be authorized to use any element communicated by the Client for the needs of carrying out the Services or obtained through public information sources generally considered reliable, and to presume, without its liability being engaged, that this element is accurate, precise, sincere, complete, and does not contain any inaccuracy or insufficiency likely to alter its scope.
The Client cannot modify, during the execution of the Services, their nature or their modalities of provision, unless prior written agreement is obtained from the Provider.
The Client undertakes to immediately inform the Provider of any difficulty, reservation, or dispute arising during the execution of the Services, in order to allow, if applicable, an amicable settlement of the situation.
The Client pays the price of the Services under the conditions and according to the modalities provided for herein.
Article 7 – COMPLAINTS
The Provider’s customer service can be contacted using the details appearing at the head of these General Terms and Conditions.
In the event of a delay in the provision of the Services, for any cause other than force majeure or the act of the Client, the Client may cancel the order under the conditions provided for in Articles L. 216-2, L. 216-3, and L. 241-4 of the French Consumer Code, after having enjoined the Provider to provide the Services within a reasonable additional period.
The sums advanced by the Client will then be returned no later than fourteen (14) days following the date on which the contract was terminated.
In the event of defective execution of the Services, the Client must notify the Provider and formulate their grievances, reservations, and relevant justifications within a period of thirty (30) calendar days following the date they become aware of it, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days following the initial notification of the Client.
In the absence of reservations or complaints expressly issued by the Client during the provision of the Services within this period, no complaint can be validly accepted by the Provider.
If applicable and in the event that the Client’s complaint is taken into account, the Provider may proceed with a partial or full refund to the Client or rectify and correct the Services provided as soon as possible.
Failing an amicable settlement under the conditions referred to above and in the event of a sufficiently serious non-performance by the Provider, the Client may terminate the General Terms and Conditions under the conditions provided for in Article 11 and obtain, if applicable, damages from the Provider to repair the prejudice suffered, the Client waiving in advance the right to seek specific performance in kind of the Services by the Provider or a third party or a proportional reduction of the price, by express derogation from the provisions of Articles 1221, 1222, and 1223 of the French Civil Code.
Article 8 – LIABILITY OF THE PROVIDER
The Provider is bound by an obligation of means regarding the provision of the Services.
The Provider’s liability cannot be engaged:
– in the event of non-performance of any obligation resulting from a fortuitous event, a case of force majeure within the meaning of Article 1218 of the French Civil Code, or due to the Client or a third party;
– in the event that the information, data, instructions, directives, materials, or media communicated by the Client are erroneous or incomplete, and more generally in the event that the non-performance or defective execution of the Services results in whole or in part from the behavior, a failure, or a deficiency of the Client;
– in the event of use of the results of the Services for an object or purpose different from those for which the Provider intervened, erroneous implementation of the Provider’s recommendations, or failure to take into account the reservations issued by the Provider;
– in the event of indirect or unpredictable damage;
– in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the Services requested, to verify.
Article 9 – INTELLECTUAL PROPERTY
Unless prior written agreement is obtained from the Provider, the Provider is the exclusive owner of all intellectual property rights bearing on the elements communicated to the Client within the framework of the provision of the Services, and in particular, without limitation, on the graphic charter, title, form, plan, and structure of the information and documents communicated, texts, logos, trademarks, images and photographs, animations and videos, slogans, databases, and more generally all or part of the elements communicated.
Consequently, these General Terms and Conditions do not entail the transfer of any of these intellectual property rights to the benefit of the Client, who is prohibited from reproducing, using, and/or representing, by any process whatsoever, even partially, any element on which the Provider holds an intellectual property right.
By exception to the foregoing, the Provider grants the Client, subject to compliance by the latter with these General Terms and Conditions, a non-exclusive and non-transferable right to access the elements communicated within the framework of the provision of the Services and of which it holds full ownership, to download them, and to print them, if applicable, for internal, personal, and non-commercial use.
Article 10 – PERSONAL DATA
10.1 Nature of the personal data collected
The Provider undertakes to collect only personal data that is adequate, relevant, and limited to what is necessary for the purposes for which they are processed.
No personal data considered “sensitive”, such as racial or ethnic origin, political, philosophical, or religious opinions, shall be requested or collected from the Client.
The Client is informed hereby that the personal data marked as mandatory on the forms and collected within the framework of the service described herein are necessary for the realization of the Service.
Among the Client’s personal data that the Provider collects from them may include:
– Their first and last names – Their email address – Their phone number
10.2 Purpose of personal data processing
Personal data may be collected and used by the Provider for the purpose of enabling the provision of the Services, and may be transmitted to companies responsible for the management, execution, and processing of payment operations.
The data collected may also be used within the framework of managing commercial relations in order to establish statistics, conduct market and behavioral studies, and enable the Provider to improve and personalize the Services.
10.3 Retention, security, and confidentiality of personal data
The personal data collected is processed and stored under conditions aimed at ensuring its security and is kept for the duration strictly necessary for the realization of the purposes referred to in Article 10.2 of these General Terms and Conditions above.
Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation of any nature whatsoever.
This data may also be kept for security and storage purposes in order to comply with the legal and regulatory obligations to which the Provider is subject.
The Provider undertakes to implement technical and organizational security measures to guarantee the security, integrity, and confidentiality of all personal data, in order to prevent them from being distorted, damaged, or accessed by unauthorized third parties.
However, it is specified that since no security measure is infallible, the Provider cannot guarantee absolute security for the Client’s personal data.
10.4 Transfer of personal data
Personal data may be transferred to countries located outside the European Union for the purpose of file storage on a Google Drive (Cloud).
In accordance with the General Data Protection Regulation (GDPR), all transfers of personal data to a country located outside the European Union and/or not offering a level of protection considered sufficient by the European Commission have been subject to cross-border flow agreements compliant with the standard contractual clauses issued by the European Commission.
In accordance with the General Data Protection Regulation (GDPR), transfers of data to the United States are governed by the EU-U.S. Data Privacy Framework for companies certified under this framework, or, failing that, by Standard Contractual Clauses (SCC) compliant with the models of the European Commission, in order to guarantee an adequate level of protection of privacy and fundamental rights of individuals.
Except in the event that a third party requests the Client to accept a privacy policy and conditions of use specific to it, third-party companies having received communication of the User’s personal data have undertaken to process their personal data solely for the implementation of the Provider’s Services.
The Provider undertakes never to share the Client’s personal data, without having obtained their prior consent, with third-party companies for marketing and/or commercial purposes.
However, the Provider may be required to disclose the Client’s personal data to administrative or judicial authorities when their disclosure is necessary for the identification, arrest, or prosecution of any individual likely to prejudice the rights of the Provider, any other client, or a third party. The Provider may finally be legally required to disclose the personal data of the User and cannot, in this case, object to it.
10.5 Rights of the Client over their personal data
In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”), any Client has a right of access, rectification, and erasure of the personal data concerning them, which they can exercise directly with the Provider’s customer service by contacting them at the electronic address hello[at]studio-fuoco.com or at the following postal address: 152, Cours Lieutaud – 13006 Marseille, attaching a copy of an identity document to their request.
In addition, within the limits set by law, the Client also has the right to object to the processing, to limit it, to decide on the post-mortem fate of their data, to withdraw their consent at any time, and the right to the portability of the personal data provided.
Article 11 – DURATION – TERMINATION
In the event of a one-off sale or in application of special conditions, these General Terms and Conditions are concluded for the duration of the provision of the Services, as mentioned, if applicable, in special conditions or in the purchase order.
In the event of a successive execution sale, these General Terms and Conditions are concluded for an initial period of 12 months.
Failing denunciation of these General Terms and Conditions within a period of 12 months preceding the expiry of this initial duration, the provision of the Services and the General Terms and Conditions are tacitly renewed for a new period of a duration equivalent to the initial duration, at the tariff conditions in force on the date of the renewal.
In this regard, the terms of the following articles of the French Consumer Code appearing in the new legislative part, Book II, Title I, Chapter V are recalled:
- Article L. 215-1 of the Consumer Code: « For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract they concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal. When this information has not been sent to them in accordance with the provisions of the first paragraph, the consumer can terminate the contract for free, at any time from the date of renewal. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, deduction made of the sums corresponding, up to that date, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information. »
- Article L. 215-2 of the Consumer Code: « The provisions of this chapter are not applicable to operators of drinking water and sanitation services. »
- Article L. 215-3 of the Consumer Code: « The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionnels. »
- Article L. 241-3 of the Consumer Code: « When the professional has not proceeded with the reimbursement under the conditions provided for in Article L. 215-1, the sums due are productive of interest at the legal rate. »
The Provider or the Client may terminate the General Terms and Conditions automatically in an anticipated manner by sending a written notification:
– in the event of the occurrence of a case of force majeure referred to in Article 7 hereof;
– after having notified the other party in the event of a serious breach by the latter of its obligations or under applicable laws and regulations, which has not been remedied within a period of fifteen (15) days (when this breach can be remedied) following written notification indicating the nature of the breach and the need to remedy it.
Article 12 – RIGHT OF WITHDRAWAL
Where applicable, when an order for Services has been subscribed by a consumer Client at a distance, after telephone canvassing, or outside the Provider’s establishment within the meaning of Article L. 221-1 of the French Consumer Code, the Client will have a withdrawal period of fourteen (14) clear days from the day of signing the order form, the calculation of the period being carried out according to the modalities provided for in Article L. 221-19 of the French Consumer Code.
For workshops and classes on fixed dates, Article L. 221-28 12° of the French Consumer Code provides for an exception to the right of withdrawal for “leisure service activities which must be provided on a specific date or period”.
The Client may notify their decision to withdraw from their order by means of the withdrawal form appearing in the Appendix hereto or an unambiguous statement to the postal or electronic address of the Provider. The Provider will acknowledge receipt of the compliant withdrawal request, if applicable.
If applicable, the refund of the price paid by the Client for the Services will occur within a period of fourteen (14) days from the day the Provider is informed of the decision to withdraw from their order by the Client, using the same means of payment as that used by the Client during the initial transaction.
In this regard, it is specified that in the event of an express request from the Client for execution of the Services before the end of the withdrawal period, the latter must pay the price of the Services from which they benefited prior to their withdrawal, in accordance with the provisions of Article L. 221-25 of the French Consumer Code.
Notwithstanding the foregoing, it is specified that the right of withdrawal will not apply for the provision of the Services referred to in Article L. 221-28 of the French Consumer Code, in particular in the event of provision of Services fully executed before the end of the withdrawal period and whose execution began after prior agreement of the Client and waiver of their right of withdrawal.
Article 13 – NOTIFICATIONS
Any written notification or convocation required or permitted under the stipulations hereof will be validly made if it is addressed by hand-delivered letter or by courier against delivery receipt, by registered mail with acknowledgment of receipt, or by email (except in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change of contact details of a party for the needs hereof must be notified to the other party according to the modalities provided for above.
Notifications delivered by hand or by courier will be presumed to have been made on their date of delivery to the recipient, as attested by the delivery receipt.
Notifications made by registered mail with acknowledgment of receipt will be presumed to have been made on the date of their first presentation at the address of the recipient.
Notifications made by email will be presumed to have been made on the date the email was sent.
Article 14 – SEVERABILITY AND ABSENCE OF WAIVER
If any of the stipulations of these General Conditions were declared null or inapplicable for any cause whatsoever in application of a law, a regulation, or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.
The fact that the Provider does not avail itself temporarily or permanently of one or more stipulations of the General Conditions shall under no circumstances constitute a waiver.
Article 15 – MODIFICATION
The Provider reserves the right to modify the content of these General Conditions at any time for placing new orders for Services.
Any order subsequent to a modification made to the General Conditions will entail acceptance by each Client of the new version of the General Conditions which will be communicated to them.
Article 16 – DISPUTES
In the event of a dispute, the Client must first contact the Provider’s customer service (hello[at]studio-fuoco.com).
In the event of failure of the complaint request or in the absence of a response within a period of two (2) months, the Client may submit the dispute to the following consumer mediator:
CM2C
49 rue de Ponthieu
75008 PARIS
Phone number: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
Article 17 – APPLICABLE LAW & LANGUAGE
These General Conditions and the operations resulting from them are governed by and subject to French law.
They are written in the French language. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Appendix: Withdrawal Form
(If the Client wishes to assert their right of withdrawal – in compliance with the conditions provided for in Article 12 of these General Conditions, they have the option to use the form below)
————————————————————————————————————–
To: Studio Fuoco, 152, Cours Lieutaud – 13006 Marseille (hello[at]studio-fuoco.com)
I hereby notify you of my withdrawal from the order relating to the provision of the following services:
Name(s) and reference(s) of the order(s):
Ordered on:
Name of the client who placed the order:
Email address of the client who placed the order:
Signature of the client: