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GENERAL TERMS AND CONDITIONS OF SALE

1. Scope & Acceptance: These General Terms and Conditions of Sale govern all professional services provided by Sandrine Michele Marthe Fourcault, operating under the trade name "spaciogam" (the "Contractor"), where transaction approval is executed via digital quote confirmation, invoice settlement, or direct project authorization, and where no separate Master Services Agreement (MSA) has been executed by the Parties. By approving a quote, paying an invoice, or instructing work to begin, the Client explicitly accepts these terms.

2. Invoicing & Payment: Payment terms are strictly 15 calendar days from invoice issuance. For project-based work, a non-refundable 50% upfront deposit is required before technical execution begins. All prices are net of applicable taxes (such as Spanish VAT at 21%, if applicable). Late payments may be subject to statutory interest and a €40 recovery fee under Spanish Law 3/2004, at the sole commercial discretion of spaciogam.

3. Cancellation, Non-Refundability, and Final Sales:

  • (a) Business Clients (B2B): For corporate entities, registered professional freelancers (Autónomos), and commercial transactions, all sales are final. Once a quote is accepted, an invoice is paid, or work is authorized to begin, all payment obligations are non-cancelable, and all fees or upfront deposits are strictly non-refundable.

  • (b) Individual Consumers (B2C): If the Client is an individual consumer residing within the EEA/Switzerland, they explicitly request and give prior express consent for the immediate performance of services to begin before the expiration of the statutory 14-day cancellation window. The Client explicitly acknowledges and agrees that once creative or technical performance has commenced, they lose their statutory right of withdrawal regarding work already executed and permanently forfeit their upfront deposit.

4. Intellectual Property: spaciogam retains all legal ownership, intellectual property rights, and copyrights over all deliverables, designs, and custom code until all outstanding invoices and associated taxes are paid in full. Upon full payment, a worldwide, perpetual, non-exclusive exploitation license is granted.

5. Client Cooperation & Delays: The Client must provide all required assets, credentials, and feedback within 5 business days of a request. Delays exceeding 14 calendar days will result in project suspension, and a reactivation fee of up to €250 may apply to cover documented capacity reallocation costs. Projects left stalled for more than 30 days will be deemed abandoned, and all payments permanently forfeited.

6. Limitation of Liability: To the maximum extent permitted by Spanish law, spaciogam's liability is strictly limited to cases of willful misconduct or gross negligence. Total aggregate liability for any claim arising out of these services shall be strictly capped at the total amount actually paid by the Client for the specific job, or €3,000, whichever is lesser. Liability for indirect damages, lost profits, or AI system hallucinations is expressly excluded.

7. Governing Law & Jurisdiction: These terms are governed exclusively by the laws of Spain. For business clients (B2B), the Courts of the City of Valencia, Spain, hold exclusive jurisdiction. For individual consumers (B2C) residing within the EEA/Switzerland, disputes may be brought before the courts of the consumer's domicile if mandatory local public policy dictates.