Who are we?
Threed is a brand of the Kodikass group
The addresses of our websites are:
http://kodikass.fr.
http://threed.fr.
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LLC Kodikass
45 Rue de la République, 69002, Lyon, France
SIREN: 851804609
SIRET: 85180460900010
NAF/APE code: 6202A (computer systems and software consultancy)
E-Mail: contact@kodikass.fr
postmaster@threed.fr
The company “Kodikass”, SARL, whose head office is located at 4 Rue de la République, 69001, Lyon, registered with the Paris Trade and Companies Register under number 851 804 609 R.C.S. Lyon (hereinafter “) Kodikass ”) markets services for the design and 3D modeling of indoor and outdoor spaces in the form of plans, images and videos. These services are presented on the site https://www.threed.fr published by three.d.
The following terms, beginning with a capital letter, whether singular or plural, have, unless otherwise specified, the following meanings:”Customer“: refers to users, legal or natural persons acting in a professional capacity, who use the Services. ”General conditions of sale” or”CGV”: refer to this document. ”contract”: means these Terms and Conditions and the Online Order Form or BDC. ”Contents”: refers to all the information and data provided by the Customer and necessary for the realization of the Service and in particular the 2D plan, photos and the footage of the space concerned. ”Order form”,”Order form” or ”BDC”: refers to the form accessible on the Site or the document through which the Customer orders one or more Services. ”Deliverable”: refers to all elements, content, information and in particular plans, animated or non-animated images, 3D videos, drawings created or delivered by three.d at the request of the Customer as part of the Service.“Software”: refers to all the software used by three.d or its subcontractors to provide the Services. ”Parties”: refer to the Customer and three.d. ”prix”: refers to the price (s) mentioned on the Order Form or in the BDC.” ServiceDepartment (s)”: refers to the service (s) for the design and 3D modeling of interior and exterior spaces provided by three.d. The characteristics of these Services are presented on the Site.“Site” : refers to the site published by three.d and on which the Services are presented.
Any order for a service from three.d implies full and unreserved acceptance of these GTC. They can be consulted at any time on the Site and can also be obtained on simple request sent to three.d. In any event, the provisions of the Contract prevail over any conditions of purchase by the Customer or any other equivalent document.
In the event of a contradiction between the provisions of the Terms and Conditions and the provisions of the Order Form or the BDC, the latter will prevail.
The various Service offers and in particular the Prices and Deliverables provided are described in detail on the Site.
The use of the Services requires at least:
To this end, the Customer acknowledges having verified, prior to using the Services, that his computer equipment and internet connection at his disposal comply with the technical requirements, do not contain any viruses and that they are in good working condition.
It is the Customer's responsibility to ensure that its own data and software are protected against the contamination of possible viruses spreading on the Internet.
The equipment (computer, tablets, software, telecommunications, etc.) allowing access to and use of the Site, Services and Deliverables are the sole responsibility of the Customer, as are the telecommunications costs incurred by their use.
6.1 The Customer can order one or more Services by contacting three.d directly by telephone or using the contact form on the Site. The Services are offered by three.d according to various formulas and can be purchased individually or as part of a subscription. Any order for Services received by three.d and validated by the latter is firm and final and cannot be cancelled by the Customer.
6.2 In any event, for each Service ordered, the Customer must, within one (1) month from the date of validation of the order, communicate to three.d all the Content necessary for the provision of the Service and pay the price agreed in accordance with article 8. After this period of one month, the Customer will be considered to have given up obtaining the Deliverables without being able to claim reimbursement of the Services ordered or compensation.
7.1 The Customer has a period of ten (10) working days from receipt of the Deliverables to notify three.d in writing, indicating the references of the order, of any reservation or complaint concerning the Deliverables and to provide the supporting documents relating thereto. In the absence of reservations or claims expressly made by the Customer within the above period, the Deliverables provided and delivered are deemed accepted by the Customer and in accordance with the order, in quantity and quality.
7.2 If a complaint validly notified under the above conditions is duly justified, three.d will rectify or correct the Deliverable at its expense. Any reimbursement or compensation is excluded.
7.3 However, the Customer acknowledges that the following reservations or claims are not attributable to three.d:
In this case, any modification made to the Deliverables will be made at the expense of the Customer on an estimate previously accepted by the latter.
7.4 Finally, taking into account the specificities associated with the Internet, the Customer acknowledges that three.d cannot guarantee the continued availability of the Services and Deliverables. Indeed, while three.d strives to provide access to the Service 7 days a week, it cannot rule out a temporary interruption of the Service, in particular in the event of force majeure or due to a maintenance operation necessary for the operation of the Service and Deliverables. The Customer will not be able to claim any compensation in such a case.
8.1 The Customer agrees to pay three.d the price of the Services as indicated at the time of the order and according to the agreed terms:
— by bank transfer within 30 days from the date of issue of the invoice to or direct debit,
All invoices are subject to VAT under the conditions in force on the date the invoice is issued. three.d invoices the Services in full upon validation of the content.
Any payment made after this period will be considered late.
No discount is granted for the early payment of invoices.
8.2 Any delay in payment will automatically result in:
Likewise, in the event of reminders and in particular a formal notice that has remained ineffective within a period of forty eight (48) hours, three.d reserves the right to suspend any service in progress and/or already published on the internet and to terminate the Contract under the conditions provided for in the article “Termination”.
8.3 three.d reserves the right to modify the current prices of its Services at any time without this affecting current orders.
9.1 Content: the Customer grants to three.d, for the duration of the Contract, a non-exclusive license to use all Content in order to provide the Service. Consequently, the Customer authorizes three.d in particular to reproduce, represent, adapt, modify the Content on any medium and by any process known and unknown to date in order to provide the Service and promote the Services. This license is granted free of charge and for the whole world.
Consequently, the Customer declares to have all the rights and/or authorizations necessary for the exploitation, use and reproduction of the Contents hereunder. In particular, the Customer declares, if he is not the owner of the property concerned, to have obtained all the authorizations required for the exploitation of the visuals provided by the Customer. Consequently, the Customer declares that the Contents do not in any way infringe the rights of third parties and in particular intellectual property rights and guarantees three.d against any action or claim by third parties whatsoever, based on the use of all or part of said Content in accordance with this Agreement. As such, the Customer undertakes to indemnify three.d from any pecuniary conviction and any damages awarded to it under a judicial decision or as part of a settlement agreement and to bear all costs incurred by three.d to ensure its defense.
9.2 Kodikass is the owner of the three.d brand and of the Site, both in its technical and graphic, textual or other components, subject only to content and data provided by third parties. In particular, the Site is accessible using software and databases designed and developed by three.d, which belongs to it or on which it has intellectual property rights.three.d is also the owner and/or has the rights to use the Software used to provide the Services.These General Terms and Conditions do not give the Customer any right of ownership over the Site, its components, the Software or the brands and visuals of THREE.D.The Customer is only authorized to access and use, for no reason exclusive, non-transferable, without the possibility of sub-licensing and on a personal basis as part of its activity, the Services ordered for the duration of the Order or Subscription. In addition, the Customer is authorized to reproduce, represent and/or download when possible all or part of the Deliverables specifically created for him by three.d. As such, three.d grants the Customer a non-exclusive, non-transferable, non-transferable and non-sublicensable license to use the Deliverables for its personal needs in the context of its activity. This license is granted for the period of protection of intellectual property rights for Deliverables uploaded (when possible) by the Customer on an external medium and for a period of two years from the date of delivery for non-downloadable Deliverables hosted by THREE.D.Any other use or exploitation not expressly referred to herein is prohibited, except with the express written and prior agreement of three.d.
9.3 The Customer expressly authorizes three.d to exploit, for promotional purposes and on any medium, the Deliverables made on its behalf.
10.1 The Services are designed to help the Customer in these choices of design and layout of interior and exterior spaces using a simulation. As such, three.d will do its best to meet the expectations of the Customer.
However, three.d is only bound by an obligation of means and cannot in any way guarantee the full satisfaction of the Customer, in particular as regards the aesthetic and/or functional rendering of the Services and Deliverables provided.
In addition, the Customer acknowledges that the Services and Deliverables provided on the basis of the Contents communicated by the Customer only constitute an aid in the design and layout of indoor and outdoor spaces and cannot therefore replace or replace plans, analyses, technical studies, technical studies, estimates and tests carried out by professionals or specialized experts. It is therefore up to the Customer to use a professional or a specialized expert in order to verify in advance the technical feasibility of the project that he wishes to implement on the basis of the simulations and Deliverables provided by three.d and/or establish the plans necessary for the realization of his project (sales plans, execution plans, etc.).
Consequently, the Customer acknowledges that the choices it makes on the basis of the Services and Deliverables provided by three.d and the implementation of its project are carried out under its sole and entire responsibility. three.d cannot be considered as a participant, in any capacity whatsoever, in the choices of the Customer or any third party operated from the Services and Deliverables provided and/or the implementation of the project concerned and cannot therefore be considered as a participant, in any capacity whatsoever, in the choices of the Customer or any third party operated from the Services and Deliverables provided and/or the implementation of the project concerned and cannot therefore be held liable in this regard. in any capacity.
In addition, three.d cannot be held liable in the event of damage
resulting:
10.2 In any event and subject to the above, three.d's liability under the Contract is strictly limited to the direct damage actually suffered and proven by the Customer, to the exclusion of any indirect damage such as loss of profit or loss of turnover. In such a case, three.d's liability may not exceed the amount of the order actually paid by the Customer paid by the Customer during the last 12 months on the project concerned.
In the event of a serious breach by the Customer of its obligations or failure to pay, three.d reserves the right either to suspend the provision of the Service or to terminate the Contract, as of right and without compensation, immediately by simple written notification to the Customer, without prejudice to any damages that may be claimed by three.d
As part of creating an account on the Site or placing an order, the Customer is likely to provide personal data to three.d. In its capacity as data controller, three.d undertakes to process this personal data in compliance with applicable legislation on personal data. More specifically, three.d undertakes to use personal data for the purposes of providing the Services and, where applicable, for prospecting purposes, subject to the Customer's agreement obtained under the conditions required by law. Personal data will be kept for the authorized legal period. This data may be transferred as necessary to three.d providers for the purpose of providing the Service. In such a case, three.d ensures that the service providers present all the necessary guarantees to ensure the security and integrity of said data. The Customer, a natural person, has the right to access, rectify, delete, oppose personal data concerning him by writing to the following address: contact@threed.fr
three.d is free to use the means of its choice to provide the Services. Consequently, it will be able to freely use subcontracting with the service providers of its choice.
Each Party undertakes to keep confidential all commercial information that it receives from the other Party, and in particular not to disclose the confidential information of the other Party to any third party without the prior written consent of the Party concerned. The Parties acknowledge that any confidential information is and remains the property of the Party that disclosed it. The provisions of this article do not apply to any information (i) that is or falls into the public domain without resulting from the violation of this article, (ii) that is already known to the receiving Party prior to its communication under the Contract, (iii) that is obtained from a third party without restriction, (iv) whose disclosure is required by any competent judicial, administrative or governmental authority, or (v) to the Deliverables. The obligations of the Parties with respect to confidential information will remain in force for the duration of the contract and for a period of two years following the end of the contract.
three.d will not be held responsible for a breach or delay in the performance of its contractual obligations, as long as such failure or delay is due to a case of force majeure in accordance with article 1218 of the Civil Code. The occurrence of such an event suspends three.d's obligations for its entire duration.
16.1 Independence of the Parties: the Parties are deemed to be independent of each other and nothing contained herein will be interpreted as creating between them an affectio societatis, partnership, agent relationship, association, joint venture, or any other entity of any form whatsoever, or solidarity with their respective creditors.
16.2 Reference clause: The Customer authorizes three.d to cite its corporate name and/or its distinctive signs, as a reference, to its other customers, prospects and in its commercial documentation, unless the request has been expressly requested in writing by the customer.
16.3 Absence of waiver: The fact of not exercising any of the provisions of the Agreement at any given time shall not be interpreted or considered as a waiver by either Party of its rights hereunder, shall in no way affect the validity of all or part of these terms and shall not affect the validity of all or part of these terms and shall not affect the rights of that Party to act accordingly.
16.4 Transfer: This Agreement may not be transferred to a third party by the Customer, in whole or in part, directly or indirectly, free of charge or for consideration and by any means whatsoever, including through the effect of a merger, a partial contribution of assets or other universal transfer of assets or other universal transfer of assets.The Customer is informed that all of the rights and obligations that are borne by three.d under the Contract may be transferred to a third party, it being understood that the entity taking over the Contract will be bound by the same rights and obligations as THREE.D. such an assignment will the subject of a prior written notification by three.d to the Customer.
16.5 Entire Contract: these Terms and Conditions constitute the entire agreement between the Parties with respect to its subject matter and cancels and replaces any previous agreement and provisions, oral or written, relating to the same object. It may only be amended by an amendment written and signed by the Parties.
16.6 Collaboration: The Parties undertake to collaborate in good faith for the proper execution of this Agreement. In particular, each Party undertakes to inform the other of any difficulty that it may take the measure of in terms of its competence, as and when this Contract is executed, in order to allow them to be paid as soon as possible, thus contributing to the success of all services.
16.7 Partial invalidity: If any of the provisions of this Agreement should be held to be void by a law, regulation, or a final decision of a competent jurisdiction, it will be deemed unwritten, the other provisions will remain in full force and scope.
16.8 Notifications: Any notification hereunder must be sent by registered letter with acknowledgement of receipt to the address indicated herein or by letter delivered in person and will be deemed to have been received when it is first submitted.
This Agreement is subject to French law. In the event of a dispute not resolved amicably and subject to the provisions of public order applicable in terms of jurisdiction, any dispute relating to the interpretation and execution of this Contract will be under the exclusive jurisdiction of the courts under the jurisdiction of the Paris Court of Appeal.
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