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POLICIES
Emeline Pommery (“we”, “us”, or “our”) operates the website emelinepommery.com (the “Website”). This page informs you of our policies regarding the collection, use, and disclosure of Personal Information we receive from users of the Website and the general conditions of our services.
Privacy Policy
Last updated: 20.12.2025 At Emeline Pommery, your privacy is our priority. This privacy policy explains how we collect, use, share, and protect your data in accordance with French laws, including the General Data Protection Regulation (GDPR). 1. Collection of Personal Data We may collect personal data in the following situations: When you fill out a contact or order form. When you subscribe to our newsletter. When you purchase products or services from our site. Types of data collected: Name and surname Email address Postal address (if applicable) Billing information (if applicable) Data related to website navigation (cookies). 2. Use of Personal Data The data we collect is used for: Providing the requested services or products. Responding to inquiries sent through the contact form. Sending newsletters, if you have given your consent. Enhancing your user experience on our website. 3. Sharing of Personal Data Your personal data is never sold or rented to third parties. However, it may be shared in the following cases: With service providers essential for processing your order (PayPal for payments and Brevo for Newsletter emailing). When required by law or legal proceedings. 4. Data Retention We retain your personal data only for as long as necessary for the purposes outlined above: Customer data: 3 years after the last interaction. Billing-related data: 10 years, as required by French legal obligations. 5. Your Rights In accordance with GDPR, you have the following rights: Access and Rectification: You can request access to your data and correct any inaccuracies. Erasure: You can request the deletion of your data, except where retention is legally required at illustration@emelinepommery.com Objection: You can object to the use of your data for marketing purposes. Portability: You can request your data in a structured, machine-readable format. To exercise these rights, contact us at: illustration@emelinepommery.com 6. Data Security We implement technical and organizational measures to safeguard your personal data against loss, misuse, or unauthorized access. 7. Cookies Our website uses cookies to enhance your experience. You can manage your cookie preferences directly through your browser or via the cookie management banner on our site. 8. Contact For any questions regarding this privacy policy, please reach out to us at: Emeline Pommery illustration@emelinepommery.com or at emeline.pommery@gmail.com
CTC
GENERAL TERMS AND CONDITIONS OF SALE Article 1: Services The prices specified in the quote are valid for one month from the date of issue. They remain fixed and non-negotiable if the order is placed within this period. The services to be provided are those explicitly stated in the quote; accordingly, any services not mentioned are not included and will require an additional quote if necessary. Article 2: Purchase Order and Commencement of Work The signed quote from the client constitutes acceptance of the quote and the General Terms and Conditions of Sale (GTC) and serves as a purchase order. It must be accompanied by payment of 100% of the total price for the services to be provided. No work will begin without both conditions being met (signed quote, GTC read, and 100% of the total amount paid). All orders imply full acceptance of these General Terms and Conditions of Sale. Unless otherwise stipulated, any modifications requested by the client after this acceptance will be subject to separate invoicing. Article 3: Commitments of the Parties In general, both the client and Emeline Pommery commit to working actively together to ensure the successful execution of the contract. Both parties agree to communicate any difficulties they become aware of, as they arise, to enable the other party to take appropriate measures. 1. The Client : To enable Emeline Pommery to fulfill her mission, the client commits to: Preparing a detailed brief or specifications document that will not be modified after approval by Emeline Pommery unless both parties agree. In cases where modifications result in substantial changes to the initial brief, these may be billed in addition to the original quote. Providing all necessary graphic, textual, and documentary elements required for the successful completion of the contract, in suitable and usable formats based on the intended media. The client must also notify Emeline Pommery of any such elements that are not in the public domain, ensuring that the artist can consider acquiring reproduction rights if necessary. The client bears full responsibility for this aspect. Actively collaborating to ensure the success of the project by providing Emeline Pommery, in a timely manner, with all information and materials needed to understand the requirements and execute the services effectively. Adhering to the technical and creative recommendations provided by the artist. Indemnifying Emeline Pommery against any legal action arising from the nature of the data or information (texts, images, sounds) supplied or chosen by the client. 2. Emeline Pommery If necessary, Emeline Pommery may assist in the development of the brief in collaboration with the client. Unless explicitly stated otherwise, Emeline Pommery guarantees that the creations are legally available and not subject to third-party rights for the uses specified in the contract. Emeline Pommery commits to regularly and effectively updating the client on the progress of the contract’s execution, particularly through approval stages submitted to the client. Informing Emeline Pommery of any potential competition with other service providers. Article 4: Execution Deadlines Deadlines related to technical tasks (creation, production, etc.) will only be finalized upon the confirmation of firm orders and will only take effect once all necessary elements for the work have been received. Failure by the client to adhere to the agreed-upon schedule or demanding shorter deadlines may impact the quality of the work. The client accepts these potential consequences. Significant modifications, creative revisions, delays in decision-making, or late delivery of documents by the client that are essential to the project will proportionally extend the established delivery timeframe. Article 5: Design and Delivery The client guarantees that they have taken care to provide Emeline Pommery with the most detailed and precise specifications possible, outlining the nature and context of the commissioned work (see Article 3 – 1 of this document). If the client fails to provide such specifications before the start of the project, or if the specifications lack sufficiently clear instructions or recommendations regarding how specific elements of the project should be approached, both parties agree that the visual design of those elements will be left to Emeline Pommery’s interpretation. The delivery of source files or working files related to the project will only occur if strictly necessary for the use of the work as outlined in the conditions of rights transfer or in a subsequent amendment. Article 6: Invoice and Payment Unless an additional payment deadline has been clearly agreed upon in writing and signed by Emeline Pommery, payment of the invoice is due within a maximum of 30 days from its issuance. The fees must be paid by the end of the month following the invoice date at the latest. Payment can be made via bank transfer or Paypal transfer to the order of Emeline Pommery. In the case of late payment, penalties will be applied without the need for a reminder, in accordance with the law (cf: Commercial Code, Art. L. 441-6, para. 2, modified by the law of May 15, 2001). Under Law No. 92-1442 of December 31, 1992, a penalty of 15% of the net amount of the invoice per month of delay will be due without reminder the day after the payment deadline, along with a fixed compensation of €40 (Commercial Code, Art. D441-5). In the case of non-payment, the client will be responsible for all collection fees. Emeline Pommery reserves the right to suspend any order management or delivery if payment authorization is refused by officially accredited organizations or in case of non-payment. Emeline Pommery also reserves the right to refuse service from any client who has not fully or partially paid a previous order or with whom a payment dispute is pending. Non-payment results in the non-transfer of usage and distribution rights of the created works, even if the creation files have already been delivered to the client. As stated in Article 3 – 1 of these Terms and Conditions, if modifications require a substantial rewrite of the initial specifications, these will be billed in addition to the initial quote. In accordance with Article 293 B of the General Tax Code, VAT is not applicable. Article 7: Additional Costs Travel expenses necessary for the proper execution of the contract may also be charged to the client (whether before or after the contract is signed). Additionally, supplies such as photo prints, films resulting from diskette flashing, color laser prints, and any other materials required for the completion of the work are not included in the creation fees. Article 8: Confidentiality, Data Protection, and Privacy Emeline Pommery agrees not to disclose any information provided by the client that is explicitly marked as confidential. Regarding confidentiality, and for the entire duration of these terms and even after their termination for any reason, Emeline Pommery commits to keeping strictly confidential all information and documents of any kind related to the client, to which she may have had access in the course of performing this assignment. Likewise, the client agrees not to disclose any data, formulas, programs, methods, or information learned due to the execution of these terms. The information collected in the course of business relationships is intended for internal use only and will never be shared with third parties. Prospects or clients have the right to access, modify, correct, and delete the data concerning them, in accordance with Article 34 of the French Data Protection Act (Informatique et Libertés). Article 9: Copyright, Legal Mentions, and Transfer Principles The reproduction and re-edition of Emeline Pommery’s creations are subject to copyright laws as per the law of March 11, 1957. The transfer of these rights applies only to the specific use agreed upon. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic creation cannot be made under any circumstances without the consent of Emeline Pommery. An idea proposed by the client does not, by itself, constitute a creation. Unless explicitly stated otherwise by the client, Emeline Pommery reserves the right to include a commercial mention indicating her contribution. This commercial mention cannot be moved or removed without the written consent of Emeline Pommery. Article 10: Reproduction and Distribution Rights The reproduction and distribution rights are calculated based on the scope of the creation’s distribution. These rights may be transferred either in a lump sum or partially. Any adaptation differing from the original work will require a new transfer of copyright. For each new edition, the rights fee must be updated. The rights are transferred within the temporal and geographic scope of this contract and may not exceed these limits. To allow the client to freely exploit the service provided in the context of their activity, all the proprietary rights related to the provider’s creation, for the project, will be fully and exclusively transferred to the client upon full payment of the agreed fees, specifically for the distribution on the media specified at the time of the order. Article 11: Advertising Rights Under the moral rights of Emeline Pommery over her creation, the client authorizes Emeline Pommery to mention this creation as an example of the provider’s work in their commercial documents and advertisements. It is agreed that, in the case of a specific operation by the client, and solely in the context of the proper functioning of their activity, the client may request a confidentiality period from Emeline Pommery, which will only apply upon her approval. Article 12: Inability to Work In the event of an inability to work due to illness or accident, Emeline Pommery reserves the right to terminate this contract and/or modify the current schedule without the client being entitled to claim any compensation. It is understood that the provider must notify the client of their inability to work as of the first working day of their incapacity. Article 13: Termination of Contract In the event of termination of the contract before its completion by the client or Emeline Pommery, the client formally agrees to settle and compensate the amounts related to the current schedule, completed or ongoing tasks, as well as any additional services provided. All copyright remains the exclusive and full property of Emeline Pommery, except for the data provided by the client. The files and source data created and used by Emeline Pommery cannot be claimed by the client without a financial contribution. All original works remain the property of the author, as well as any rejected projects. These documents must be returned to the author undamaged and upon request. Article 14: Jurisdiction The general terms and conditions outlined above are governed by French law. Any dispute or disagreement regarding these terms and conditions or the services provided by Emeline Pommery, in the absence of an amicable resolution, will fall under the jurisdiction of the Commercial Court of Paris, which the client expressly accepts.
Legal Mentions
Emeline Pommery Individual enterprise registered under SIRET number 93341425200017 Located in Créteil , 9400 FRANCE Email address: illustration@emelinepommery.com / emeline.pommery@gmail.com Hosting Provider: HOSTINGER INTERNATIONAL LTD 61 Lordou Vironos Street, 6023 Larnaca, Cyprus Contact: https://www.hostinger.fr/contact The European Commission provides an Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/consumers/odr/. As a customer, you always have the option to contact the arbitration board of the European Commission. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. Dispute – Consumer Mediation The European Commission provides an online dispute resolution (ODR) platform. This platform is available at http://ec.europa.eu/consumers/odr/. As a customer, you always have the option of contacting the European Commission’s arbitration board. However, we are neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board. In the event of a dispute between the Client and the company, both parties will attempt to resolve it amicably (the Client shall submit a written complaint to the professional or, if applicable, to the professional’s Customer Relations Service). If no amicable agreement is reached or if the professional fails to respond within a reasonable period of one (1) month, the consumer Client, as defined by Article L.133-4 of the Consumer Code, may refer the matter free of charge to the competent mediator listed in the register of mediators established by the Commission for the Evaluation and Monitoring of Consumer Mediation, in accordance with Article L.615-1 of the Consumer Code: Société Médiation Professionnelle http://www.mediateur-consommation-smp.fr Alteritae 5 rue Salvaing 12000 Rodez
Terms of Use
(1) This website (the “Site”) and/or the services, including all connected mobile applications (collectively the “Services”), are owned and operated by Emeline (hereinafter also referred to as “we,” “our,” or “us”). These Terms of Use (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “User” or “you”) may access or use the Site and/or Services. (2) Acceptance of Terms By accessing or using the Services, you acknowledge that you have read, understood, and agree to these Terms, and you accept to be bound by them. If you do not agree to all the Terms, you must not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services. These Terms outline who we are, how you may use our Services, and what steps you can take if an issue arises. (3) Eligibility You confirm that you are of legal age and have the legal authority, right, and capacity to enter into a binding agreement based on these Terms and to use the Services. If you are not of legal age, you may only use the Services with the consent of your parents or legal guardian. (4) Hosting and Language This Site is hosted by Hostinger. These Terms are provided in French. In the event of a discrepancy between the French version of this document and any of its translations, the French version shall prevail. To use our Site and/or access our Services, you must be at least 18 years old or have reached the legal age of majority in your country. You must also have the legal authority, rights, and capacity to enter into these Terms as a binding agreement. You are not permitted to use this Site and/or access our Services if it is prohibited in your country or by any applicable law or regulation. Additionally, before placing and confirming an order, you must read and accept these Terms. You may copy and print these Terms for your reference. Acceptable Use (1) Our Services are provided for your information, personal, and non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws. (2) Except as expressly permitted by these Terms, you must not: (a) use our Services in an illegal or fraudulent manner (including violating third-party rights) or for such purposes, to collect personally identifiable information, or impersonate other users; (b) modify or misuse our copyright, trademark, or other proprietary notices, or interfere with the security features of our Services; (c) use our Services in any way that manipulates, distorts, or harms the integrity and accuracy of any content or take actions that interfere with, damage, or disrupt any part of our Services; (d) use our Services to send, receive, upload/post, or download any material that does not comply with our content standards; (e) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (f) use our Services to transmit data or upload to our Services any data that contains viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware, or any harmful programs or similar computer code designed to affect the operation of any software or hardware; (g) use any robot, spider, automatic device, or manual process to monitor or copy our Site or other web pages or the content of our Services, or use any network monitoring software to determine the architecture of our Services or extract usage data; (h) engage in conduct that restricts or inhibits any other user from using or enjoying our Services; or (i) use our Services for commercial purposes or in connection with any commercial activity, without obtaining our prior written consent. You agree to fully cooperate with us in investigating any suspected or actual activities that violate these Terms. Intellectual Property (1) Our Services and associated content (and any derivative works or improvements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names, trade dress, and interactive features, as well as all related intellectual property rights, are our property or licensed to us (collectively, “Our Intellectual Property”), and nothing in these Terms grants you any rights in relation to Our Intellectual Property. Except as expressly stated herein or required under mandatory provisions of applicable law for the use of the Services, you acquire no rights, title, or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved. (2) If a Service includes the provision of digital content such as music or videos, the rights specified for that content on the Site will be granted to you. User Content (1) You may post, upload, or otherwise submit through our Services text, files, images, photos, videos, sounds, musical works, authored works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information, and other materials, as applicable (collectively, “User Content”). (2) By posting or publishing (“Posting”) any User Content on or through the Services, you hereby grant us a limited, non-exclusive, fully paid, royalty-free, worldwide license to use, modify, delete, add to, publicly perform, publicly display, and reproduce such User Content in connection with the Services, including distributing all or part of the Services in appropriate formats through supported media channels. User Content that has not been shared publicly (“Private”) will not be distributed outside the Services. (3) You represent and warrant that: (a) you own the User Content uploaded or provided by you through the Services or have the right to grant the license set forth in this section, (b) the posting and use of your User Content on or through the Services does not violate anyone’s privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights, and (c) the posting of your User Content on the Services does not result in a breach of contract between you and any third party. (4) Copyright Infringement Claims : If you believe that your work has been copied or used in a manner that constitutes copyright infringement, you may notify us using the contact information provided in the final section of these Terms and include the following details: (a) The contact information of the person authorized to act on behalf of the copyright owner. (b) A description of the copyrighted work that you claim has been infringed. (c) A description of the material that you claim is infringing or is the subject of infringing activity, and that you want removed or access to which you want disabled, along with sufficient information to allow us to locate the material (including its URL). (d) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (e) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of the copyright that has allegedly been infringed. (5) Counter-Notification : We reserve the right to notify the individual or entity providing the counter-notice of the claim of infringement and to share all included details. You can contact us at : Nom : Emeline Pommery E-mail : illustration@emelinepommery.com Warranty Disclaimer for Use of the Site and Services The Services, our intellectual property, and all materials, information, and content provided concerning them that are made available to any user free of charge are provided “as is” and “as available,” without any warranties of any kind, express or implied, including but not limited to any warranties of fitness for a particular purpose or any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except in cases of malicious nondisclosure of defects. We do not guarantee that our free Services will be uninterrupted or error-free or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates. Indemnification You agree to defend and hold us harmless from any actual or alleged claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney’s fees) arising from or related to your use of the Site and Services in violation of these Terms, including, in particular, any use that breaches the limitations and requirements set out in the “Acceptable Use” section and any User Content uploaded or provided by you in breach of the warranties set forth in the “User Content” section, except where such circumstances are not caused by your fault. Limitation of Liability To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss, and any loss of income, profits, goodwill, data, contracts, as well as any loss or damage resulting from or related to business interruption, loss of opportunity, loss of anticipated savings, or waste of management or office time, even if foreseeable) in connection with:(i) this Site and its content;(ii) the use, inability to use, or results of the use of this Site;(iii) any websites linked to this Site or the materials on such linked websites. We will not be held responsible for any delay or failure to fulfill our obligations under these Terms if such delay or failure results from causes beyond our control and/or constitutes a force majeure event as defined in Article 1216 of the French Civil Code. Modification of Terms or Services; Interruption (1) We reserve the right to modify these Terms whenever necessary, at our sole discretion, to account for changes in law, additional features we may introduce, or the development of our business. Therefore, you should review these Terms regularly and, in any case, when creating a Member Account (if applicable). The updated Terms will apply to any new use of the Service after their effective date. If recurring Services you use are affected by changes to the Terms, we will reasonably consider your legitimate interests during such modifications. We will notify you of such changes well in advance. The modifications will be deemed accepted by you if you do not object within two months of receiving this notification. We will draw your attention to this in our notification. If you object, we reserve the special right, without any liability to you, to terminate the agreement with you effective on the date the changes come into force. We may modify the Services, discontinue providing the Services or any features of the Services, or impose limits on the Services. We may permanently or temporarily suspend or terminate access to the Services for any reason, without any liability. We will inform you of such actions sufficiently in advance where possible under the given circumstances and will reasonably consider your legitimate interests in such actions. Links to Third-Party Websites The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control, and we are not responsible for their content, the links they contain, or their changes or updates. We are not responsible for transmissions received from linked sites. Links to third-party websites are provided solely for convenience. The inclusion of links to other websites does not imply our endorsement of their owners or content. Applicable Law These Terms are governed by and interpreted in accordance with French law, excluding its conflict of laws rules. Various (1) No waiver of any breach or failure under these Terms shall be considered as a waiver of any prior or subsequent breach or failure. (2) The section titles used in these Terms are for convenience only and have no legal effect. Unless stated otherwise, if any part of these Terms is deemed illegal or unenforceable for any reason, it is agreed that such part will be removed, and the remaining provisions of these Terms will not be affected and will remain in effect. By accepting the Terms, you agree not to challenge the evidentiary value of documents exchanged via the Site based on their electronic nature. Computerized records are considered evidence of communications, orders, and payments made between us. Your acceptance of the Terms serves as a proof agreement, as per Article 1368 of the French Civil Code. (4) You may not assign your agreement with us under these Terms, nor your rights or obligations hereunder, in whole or in part, without our prior written consent. (6) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us concerning the Services and the sale of Products. (7) The provisions of these Terms that, by their nature, must survive any action on our part, will survive, including but not limited to provisions related to indemnities, waivers, disclaimers of liability, limitations of liability, and this “Various” section. Contact To contact us, please send an email at Name : Emeline Pommery E-mail : illustration@emelinepommery.com
Commission Process
✦ Once you’ve submitted the Commission Form (via the “Waiting List” button), Emeline will reach out to you by email when a slot is open. From there, an art brief will be requested and a tailored quote/invoice will be provided. Once the invoice approved, Emeline will start to work on the project. On a shared Google Drive folder, you will be able to find each stages files and contract. Here’s how the process unfolds: ✦ Step 1: Rough Draft 1-3 rough compositions to explore the layout, and the different elements placement. This is the stage for initial feedback and adjustments. ✦ Step 2: Detailed Sketch Refine chosen composition through a detailed sketch and color sketches. It’s the moment to make major changes if needed. Any big changes after this stage will have additional fees. ✦ Step 3: Lineart/Colors Creating the final artwork : lineart, colors and lighting. The longest part of the process. ✦ Step 6: Final Details Finalizing the last details and small adjustment, once the artwork is approved. ✦ Step 7: Delivery File The final requested file(s) will be delivered in the share folder after the final payement. ✦ Bringing Your Vision To Life The goal of Emeline is to bring your vision to life, to create a piece you truly like. So feel free to ask for adjustments or clarifications during the process.. The communication is primarily through email, though calls can be arranged upon request. You’ll always be updated on the project’s progress via email. You will find each steps and files in the share google drive folder.
Privacy Policy
Last updated: 20.12.2025 At Emeline Pommery, your privacy is our priority. This privacy policy explains how we collect, use, share, and protect your data in accordance with French laws, including the General Data Protection Regulation (GDPR). 1. Collection of Personal Data We may collect personal data in the following situations: When you fill out a contact or order form. When you subscribe to our newsletter. When you purchase products or services from our site. Types of data collected: Name and surname Email address Postal address (if applicable) Billing information (if applicable) Data related to website navigation (cookies). 2. Use of Personal Data The data we collect is used for: Providing the requested services or products. Responding to inquiries sent through the contact form. Sending newsletters, if you have given your consent. Enhancing your user experience on our website. 3. Sharing of Personal Data Your personal data is never sold or rented to third parties. However, it may be shared in the following cases: With service providers essential for processing your order (PayPal for payments and Brevo for Newsletter emailing). When required by law or legal proceedings. 4. Data Retention We retain your personal data only for as long as necessary for the purposes outlined above: Customer data: 3 years after the last interaction. Billing-related data: 10 years, as required by French legal obligations. 5. Your Rights In accordance with GDPR, you have the following rights: Access and Rectification: You can request access to your data and correct any inaccuracies. Erasure: You can request the deletion of your data, except where retention is legally required at illustration@emelinepommery.com Objection: You can object to the use of your data for marketing purposes. Portability: You can request your data in a structured, machine-readable format. To exercise these rights, contact us at: illustration@emelinepommery.com 6. Data Security We implement technical and organizational measures to safeguard your personal data against loss, misuse, or unauthorized access. 7. Cookies Our website uses cookies to enhance your experience. You can manage your cookie preferences directly through your browser or via the cookie management banner on our site. 8. Contact For any questions regarding this privacy policy, please reach out to us at: Emeline Pommery illustration@emelinepommery.com or at emeline.pommery@gmail.com
CTC
GENERAL TERMS AND CONDITIONS OF SALE Article 1: Services The prices specified in the quote are valid for one month from the date of issue. They remain fixed and non-negotiable if the order is placed within this period. The services to be provided are those explicitly stated in the quote; accordingly, any services not mentioned are not included and will require an additional quote if necessary. Article 2: Purchase Order and Commencement of Work The signed quote from the client constitutes acceptance of the quote and the General Terms and Conditions of Sale (GTC) and serves as a purchase order. It must be accompanied by payment of 100% of the total price for the services to be provided. No work will begin without both conditions being met (signed quote, GTC read, and 100% of the total amount paid). All orders imply full acceptance of these General Terms and Conditions of Sale. Unless otherwise stipulated, any modifications requested by the client after this acceptance will be subject to separate invoicing. Article 3: Commitments of the Parties In general, both the client and Emeline Pommery commit to working actively together to ensure the successful execution of the contract. Both parties agree to communicate any difficulties they become aware of, as they arise, to enable the other party to take appropriate measures. 1. The Client : To enable Emeline Pommery to fulfill her mission, the client commits to: Preparing a detailed brief or specifications document that will not be modified after approval by Emeline Pommery unless both parties agree. In cases where modifications result in substantial changes to the initial brief, these may be billed in addition to the original quote. Providing all necessary graphic, textual, and documentary elements required for the successful completion of the contract, in suitable and usable formats based on the intended media. The client must also notify Emeline Pommery of any such elements that are not in the public domain, ensuring that the artist can consider acquiring reproduction rights if necessary. The client bears full responsibility for this aspect. Actively collaborating to ensure the success of the project by providing Emeline Pommery, in a timely manner, with all information and materials needed to understand the requirements and execute the services effectively. Adhering to the technical and creative recommendations provided by the artist. Indemnifying Emeline Pommery against any legal action arising from the nature of the data or information (texts, images, sounds) supplied or chosen by the client. 2. Emeline Pommery If necessary, Emeline Pommery may assist in the development of the brief in collaboration with the client. Unless explicitly stated otherwise, Emeline Pommery guarantees that the creations are legally available and not subject to third-party rights for the uses specified in the contract. Emeline Pommery commits to regularly and effectively updating the client on the progress of the contract’s execution, particularly through approval stages submitted to the client. Informing Emeline Pommery of any potential competition with other service providers. Article 4: Execution Deadlines Deadlines related to technical tasks (creation, production, etc.) will only be finalized upon the confirmation of firm orders and will only take effect once all necessary elements for the work have been received. Failure by the client to adhere to the agreed-upon schedule or demanding shorter deadlines may impact the quality of the work. The client accepts these potential consequences. Significant modifications, creative revisions, delays in decision-making, or late delivery of documents by the client that are essential to the project will proportionally extend the established delivery timeframe. Article 5: Design and Delivery The client guarantees that they have taken care to provide Emeline Pommery with the most detailed and precise specifications possible, outlining the nature and context of the commissioned work (see Article 3 – 1 of this document). If the client fails to provide such specifications before the start of the project, or if the specifications lack sufficiently clear instructions or recommendations regarding how specific elements of the project should be approached, both parties agree that the visual design of those elements will be left to Emeline Pommery’s interpretation. The delivery of source files or working files related to the project will only occur if strictly necessary for the use of the work as outlined in the conditions of rights transfer or in a subsequent amendment. Article 6: Invoice and Payment Unless an additional payment deadline has been clearly agreed upon in writing and signed by Emeline Pommery, payment of the invoice is due within a maximum of 30 days from its issuance. The fees must be paid by the end of the month following the invoice date at the latest. Payment can be made via bank transfer or Paypal transfer to the order of Emeline Pommery. In the case of late payment, penalties will be applied without the need for a reminder, in accordance with the law (cf: Commercial Code, Art. L. 441-6, para. 2, modified by the law of May 15, 2001). Under Law No. 92-1442 of December 31, 1992, a penalty of 15% of the net amount of the invoice per month of delay will be due without reminder the day after the payment deadline, along with a fixed compensation of €40 (Commercial Code, Art. D441-5). In the case of non-payment, the client will be responsible for all collection fees. Emeline Pommery reserves the right to suspend any order management or delivery if payment authorization is refused by officially accredited organizations or in case of non-payment. Emeline Pommery also reserves the right to refuse service from any client who has not fully or partially paid a previous order or with whom a payment dispute is pending. Non-payment results in the non-transfer of usage and distribution rights of the created works, even if the creation files have already been delivered to the client. As stated in Article 3 – 1 of these Terms and Conditions, if modifications require a substantial rewrite of the initial specifications, these will be billed in addition to the initial quote. In accordance with Article 293 B of the General Tax Code, VAT is not applicable. Article 7: Additional Costs Travel expenses necessary for the proper execution of the contract may also be charged to the client (whether before or after the contract is signed). Additionally, supplies such as photo prints, films resulting from diskette flashing, color laser prints, and any other materials required for the completion of the work are not included in the creation fees. Article 8: Confidentiality, Data Protection, and Privacy Emeline Pommery agrees not to disclose any information provided by the client that is explicitly marked as confidential. Regarding confidentiality, and for the entire duration of these terms and even after their termination for any reason, Emeline Pommery commits to keeping strictly confidential all information and documents of any kind related to the client, to which she may have had access in the course of performing this assignment. Likewise, the client agrees not to disclose any data, formulas, programs, methods, or information learned due to the execution of these terms. The information collected in the course of business relationships is intended for internal use only and will never be shared with third parties. Prospects or clients have the right to access, modify, correct, and delete the data concerning them, in accordance with Article 34 of the French Data Protection Act (Informatique et Libertés). Article 9: Copyright, Legal Mentions, and Transfer Principles The reproduction and re-edition of Emeline Pommery’s creations are subject to copyright laws as per the law of March 11, 1957. The transfer of these rights applies only to the specific use agreed upon. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic creation cannot be made under any circumstances without the consent of Emeline Pommery. An idea proposed by the client does not, by itself, constitute a creation. Unless explicitly stated otherwise by the client, Emeline Pommery reserves the right to include a commercial mention indicating her contribution. This commercial mention cannot be moved or removed without the written consent of Emeline Pommery. Article 10: Reproduction and Distribution Rights The reproduction and distribution rights are calculated based on the scope of the creation’s distribution. These rights may be transferred either in a lump sum or partially. Any adaptation differing from the original work will require a new transfer of copyright. For each new edition, the rights fee must be updated. The rights are transferred within the temporal and geographic scope of this contract and may not exceed these limits. To allow the client to freely exploit the service provided in the context of their activity, all the proprietary rights related to the provider’s creation, for the project, will be fully and exclusively transferred to the client upon full payment of the agreed fees, specifically for the distribution on the media specified at the time of the order. Article 11: Advertising Rights Under the moral rights of Emeline Pommery over her creation, the client authorizes Emeline Pommery to mention this creation as an example of the provider’s work in their commercial documents and advertisements. It is agreed that, in the case of a specific operation by the client, and solely in the context of the proper functioning of their activity, the client may request a confidentiality period from Emeline Pommery, which will only apply upon her approval. Article 12: Inability to Work In the event of an inability to work due to illness or accident, Emeline Pommery reserves the right to terminate this contract and/or modify the current schedule without the client being entitled to claim any compensation. It is understood that the provider must notify the client of their inability to work as of the first working day of their incapacity. Article 13: Termination of Contract In the event of termination of the contract before its completion by the client or Emeline Pommery, the client formally agrees to settle and compensate the amounts related to the current schedule, completed or ongoing tasks, as well as any additional services provided. All copyright remains the exclusive and full property of Emeline Pommery, except for the data provided by the client. The files and source data created and used by Emeline Pommery cannot be claimed by the client without a financial contribution. All original works remain the property of the author, as well as any rejected projects. These documents must be returned to the author undamaged and upon request. Article 14: Jurisdiction The general terms and conditions outlined above are governed by French law. Any dispute or disagreement regarding these terms and conditions or the services provided by Emeline Pommery, in the absence of an amicable resolution, will fall under the jurisdiction of the Commercial Court of Paris, which the client expressly accepts.
Legal Mentions
Emeline Pommery Individual enterprise registered under SIRET number 93341425200017 Located in Créteil , 9400 FRANCE Email address: illustration@emelinepommery.com / emeline.pommery@gmail.com Hosting Provider: HOSTINGER INTERNATIONAL LTD 61 Lordou Vironos Street, 6023 Larnaca, Cyprus Contact: https://www.hostinger.fr/contact The European Commission provides an Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/consumers/odr/. As a customer, you always have the option to contact the arbitration board of the European Commission. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. Dispute – Consumer Mediation The European Commission provides an online dispute resolution (ODR) platform. This platform is available at http://ec.europa.eu/consumers/odr/. As a customer, you always have the option of contacting the European Commission’s arbitration board. However, we are neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board. In the event of a dispute between the Client and the company, both parties will attempt to resolve it amicably (the Client shall submit a written complaint to the professional or, if applicable, to the professional’s Customer Relations Service). If no amicable agreement is reached or if the professional fails to respond within a reasonable period of one (1) month, the consumer Client, as defined by Article L.133-4 of the Consumer Code, may refer the matter free of charge to the competent mediator listed in the register of mediators established by the Commission for the Evaluation and Monitoring of Consumer Mediation, in accordance with Article L.615-1 of the Consumer Code: Société Médiation Professionnelle http://www.mediateur-consommation-smp.fr Alteritae 5 rue Salvaing 12000 Rodez
Terms of Use
(1) This website (the “Site”) and/or the services, including all connected mobile applications (collectively the “Services”), are owned and operated by Emeline (hereinafter also referred to as “we,” “our,” or “us”). These Terms of Use (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “User” or “you”) may access or use the Site and/or Services. (2) Acceptance of Terms By accessing or using the Services, you acknowledge that you have read, understood, and agree to these Terms, and you accept to be bound by them. If you do not agree to all the Terms, you must not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services. These Terms outline who we are, how you may use our Services, and what steps you can take if an issue arises. (3) Eligibility You confirm that you are of legal age and have the legal authority, right, and capacity to enter into a binding agreement based on these Terms and to use the Services. If you are not of legal age, you may only use the Services with the consent of your parents or legal guardian. (4) Hosting and Language This Site is hosted by Hostinger. These Terms are provided in French. In the event of a discrepancy between the French version of this document and any of its translations, the French version shall prevail. To use our Site and/or access our Services, you must be at least 18 years old or have reached the legal age of majority in your country. You must also have the legal authority, rights, and capacity to enter into these Terms as a binding agreement. You are not permitted to use this Site and/or access our Services if it is prohibited in your country or by any applicable law or regulation. Additionally, before placing and confirming an order, you must read and accept these Terms. You may copy and print these Terms for your reference. Acceptable Use (1) Our Services are provided for your information, personal, and non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws. (2) Except as expressly permitted by these Terms, you must not: (a) use our Services in an illegal or fraudulent manner (including violating third-party rights) or for such purposes, to collect personally identifiable information, or impersonate other users; (b) modify or misuse our copyright, trademark, or other proprietary notices, or interfere with the security features of our Services; (c) use our Services in any way that manipulates, distorts, or harms the integrity and accuracy of any content or take actions that interfere with, damage, or disrupt any part of our Services; (d) use our Services to send, receive, upload/post, or download any material that does not comply with our content standards; (e) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (f) use our Services to transmit data or upload to our Services any data that contains viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware, or any harmful programs or similar computer code designed to affect the operation of any software or hardware; (g) use any robot, spider, automatic device, or manual process to monitor or copy our Site or other web pages or the content of our Services, or use any network monitoring software to determine the architecture of our Services or extract usage data; (h) engage in conduct that restricts or inhibits any other user from using or enjoying our Services; or (i) use our Services for commercial purposes or in connection with any commercial activity, without obtaining our prior written consent. You agree to fully cooperate with us in investigating any suspected or actual activities that violate these Terms. Intellectual Property (1) Our Services and associated content (and any derivative works or improvements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names, trade dress, and interactive features, as well as all related intellectual property rights, are our property or licensed to us (collectively, “Our Intellectual Property”), and nothing in these Terms grants you any rights in relation to Our Intellectual Property. Except as expressly stated herein or required under mandatory provisions of applicable law for the use of the Services, you acquire no rights, title, or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved. (2) If a Service includes the provision of digital content such as music or videos, the rights specified for that content on the Site will be granted to you. User Content (1) You may post, upload, or otherwise submit through our Services text, files, images, photos, videos, sounds, musical works, authored works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information, and other materials, as applicable (collectively, “User Content”). (2) By posting or publishing (“Posting”) any User Content on or through the Services, you hereby grant us a limited, non-exclusive, fully paid, royalty-free, worldwide license to use, modify, delete, add to, publicly perform, publicly display, and reproduce such User Content in connection with the Services, including distributing all or part of the Services in appropriate formats through supported media channels. User Content that has not been shared publicly (“Private”) will not be distributed outside the Services. (3) You represent and warrant that: (a) you own the User Content uploaded or provided by you through the Services or have the right to grant the license set forth in this section, (b) the posting and use of your User Content on or through the Services does not violate anyone’s privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights, and (c) the posting of your User Content on the Services does not result in a breach of contract between you and any third party. (4) Copyright Infringement Claims : If you believe that your work has been copied or used in a manner that constitutes copyright infringement, you may notify us using the contact information provided in the final section of these Terms and include the following details: (a) The contact information of the person authorized to act on behalf of the copyright owner. (b) A description of the copyrighted work that you claim has been infringed. (c) A description of the material that you claim is infringing or is the subject of infringing activity, and that you want removed or access to which you want disabled, along with sufficient information to allow us to locate the material (including its URL). (d) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (e) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of the copyright that has allegedly been infringed. (5) Counter-Notification : We reserve the right to notify the individual or entity providing the counter-notice of the claim of infringement and to share all included details. You can contact us at : Nom : Emeline Pommery E-mail : illustration@emelinepommery.com Warranty Disclaimer for Use of the Site and Services The Services, our intellectual property, and all materials, information, and content provided concerning them that are made available to any user free of charge are provided “as is” and “as available,” without any warranties of any kind, express or implied, including but not limited to any warranties of fitness for a particular purpose or any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except in cases of malicious nondisclosure of defects. We do not guarantee that our free Services will be uninterrupted or error-free or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates. Indemnification You agree to defend and hold us harmless from any actual or alleged claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney’s fees) arising from or related to your use of the Site and Services in violation of these Terms, including, in particular, any use that breaches the limitations and requirements set out in the “Acceptable Use” section and any User Content uploaded or provided by you in breach of the warranties set forth in the “User Content” section, except where such circumstances are not caused by your fault. Limitation of Liability To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss, and any loss of income, profits, goodwill, data, contracts, as well as any loss or damage resulting from or related to business interruption, loss of opportunity, loss of anticipated savings, or waste of management or office time, even if foreseeable) in connection with:(i) this Site and its content;(ii) the use, inability to use, or results of the use of this Site;(iii) any websites linked to this Site or the materials on such linked websites. We will not be held responsible for any delay or failure to fulfill our obligations under these Terms if such delay or failure results from causes beyond our control and/or constitutes a force majeure event as defined in Article 1216 of the French Civil Code. Modification of Terms or Services; Interruption (1) We reserve the right to modify these Terms whenever necessary, at our sole discretion, to account for changes in law, additional features we may introduce, or the development of our business. Therefore, you should review these Terms regularly and, in any case, when creating a Member Account (if applicable). The updated Terms will apply to any new use of the Service after their effective date. If recurring Services you use are affected by changes to the Terms, we will reasonably consider your legitimate interests during such modifications. We will notify you of such changes well in advance. The modifications will be deemed accepted by you if you do not object within two months of receiving this notification. We will draw your attention to this in our notification. If you object, we reserve the special right, without any liability to you, to terminate the agreement with you effective on the date the changes come into force. We may modify the Services, discontinue providing the Services or any features of the Services, or impose limits on the Services. We may permanently or temporarily suspend or terminate access to the Services for any reason, without any liability. We will inform you of such actions sufficiently in advance where possible under the given circumstances and will reasonably consider your legitimate interests in such actions. Links to Third-Party Websites The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control, and we are not responsible for their content, the links they contain, or their changes or updates. We are not responsible for transmissions received from linked sites. Links to third-party websites are provided solely for convenience. The inclusion of links to other websites does not imply our endorsement of their owners or content. Applicable Law These Terms are governed by and interpreted in accordance with French law, excluding its conflict of laws rules. Various (1) No waiver of any breach or failure under these Terms shall be considered as a waiver of any prior or subsequent breach or failure. (2) The section titles used in these Terms are for convenience only and have no legal effect. Unless stated otherwise, if any part of these Terms is deemed illegal or unenforceable for any reason, it is agreed that such part will be removed, and the remaining provisions of these Terms will not be affected and will remain in effect. By accepting the Terms, you agree not to challenge the evidentiary value of documents exchanged via the Site based on their electronic nature. Computerized records are considered evidence of communications, orders, and payments made between us. Your acceptance of the Terms serves as a proof agreement, as per Article 1368 of the French Civil Code. (4) You may not assign your agreement with us under these Terms, nor your rights or obligations hereunder, in whole or in part, without our prior written consent. (6) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us concerning the Services and the sale of Products. (7) The provisions of these Terms that, by their nature, must survive any action on our part, will survive, including but not limited to provisions related to indemnities, waivers, disclaimers of liability, limitations of liability, and this “Various” section. Contact To contact us, please send an email at Name : Emeline Pommery E-mail : illustration@emelinepommery.com
Commission Process
✦ Once you’ve submitted the Commission Form (via the “Waiting List” button), Emeline will reach out to you by email when a slot is open. From there, an art brief will be requested and a tailored quote/invoice will be provided. Once the invoice approved, Emeline will start to work on the project. On a shared Google Drive folder, you will be able to find each stages files and contract. Here’s how the process unfolds: ✦ Step 1: Rough Draft 1-3 rough compositions to explore the layout, and the different elements placement. This is the stage for initial feedback and adjustments. ✦ Step 2: Detailed Sketch Refine chosen composition through a detailed sketch and color sketches. It’s the moment to make major changes if needed. Any big changes after this stage will have additional fees. ✦ Step 3: Lineart/Colors Creating the final artwork : lineart, colors and lighting. The longest part of the process. ✦ Step 6: Final Details Finalizing the last details and small adjustment, once the artwork is approved. ✦ Step 7: Delivery File The final requested file(s) will be delivered in the share folder after the final payement. ✦ Bringing Your Vision To Life The goal of Emeline is to bring your vision to life, to create a piece you truly like. So feel free to ask for adjustments or clarifications during the process.. The communication is primarily through email, though calls can be arranged upon request. You’ll always be updated on the project’s progress via email. You will find each steps and files in the share google drive folder.