TERMS OF SALES
effective January 6, 2021.
In Paris, 01/06/2021
These General Conditions of Sale (hereinafter the "General Conditions of Sale" ) govern all commercial relations between Madame Vanille VILLAIN (hereinafter "The Service Provider" ), operating in the form of a sole proprietorship whose registered office is located at 6, rue sorbier 75020, PARIS and registered under number 842 548 810, and individuals or professionals who use the services offered by the Service Provider (hereinafter the “Customer (s)” ).
The Service Provider and the Customer together form “The Parties” .
Unless otherwise stipulated, any Service will be subject to these general conditions of sale, which the Customer and the Service Provider acknowledge having read, without reservation, prior to any transaction.
The Customer also acknowledges having also read the provisions of Law No. 57-298 of March 11, 1957 relating to artistic property and copyright.
These General Conditions of Sale can be viewed on the Service Provider's Website.
The Service Provider offers different types of "Services" .
The Service Provider reserves the right to modify these General Conditions of Sale at any time.
The applicable General Conditions of Sale are those in force on the Website.
For the understanding of all, the following terms are defined: "Quotation" : costed proposal for the performance of the Services requested by the Customer. It is established free of charge. "Service" : mission proposed by the Service Provider as part of the Quote "Service ordered" : mission accepted by the Client by signing the Quote. “Corrections” : modifications requested by the Customer and the number of which is indicated in the “Finished Products” estimate: final material support for the Service ordered. "Delivery" : delivery of the Service
QUOTE 1.1 INITIAL QUOTE
The Customer declares on his honor that he has the capacity to contract in accordance with the provisions of article 414 of the Civil Code. When a Client wishes to use the services of the Service Provider, he contacts the latter by any means and then sends him by email a brief on the work sought. The Service Provider establishes and sends within a reasonable time a Quote in accordance with the Customer's wishes including details of the Services ordered as well as possibly a schedule and / or a deposit. The Customer has a period of one month to approve the Quote. Failure to respond by the Customer within this period will be deemed to be a refusal. The prices are indicated exclusive of tax and all taxes included, the VAT if it became applicable would be 20%. Acceptance of the Quote implies acceptance of the latter and of the General Conditions of Sale. The Service begins only with the formal acceptance of the returned Quote signed or formally validated by email. The Service Provider reserves the right, at its discretion, to subject the start of its Services to the payment of a deposit on the overall price of the Service ordered appearing on the Quote. Corrections in addition to those provided for in the Estimate may be subject to additional invoicing.
1.2 PRIOR TO THE INITIAL QUOTE
When the Service ordered involves more interventions than provided for in the initial Estimate, an Addendum to said Estimate is concluded between the Parties. An agreement by any means and in particular by email is sufficient to validate the Amendment to the estimate between the Parties.
CONDUCT OF THE SERVICE
Unless otherwise stated in the specific Estimate established for the Customer, the Services generally take place as follows: ‣ Start of the Service ‣ Request from the Service Provider for the elements necessary for the performance of the Service (graphic charter, photographs, typography, etc. ) ‣ Design, production and shooting ‣ Corrections (according to the number defined in the estimate) ‣ Purchase of arts (photographs, typography, paper, etc.) requested from the Client. ‣ Delivery of the Service and sending of the invoice.
DELIVERY OF THE SERVICE
Delivery of the Service corresponds to delivery to the Customer of the finished Product.
INVOICE AND PAYMENT OF THE SERVICE
Unless there is an additional payment period granted by the Service Provider, the invoice must be paid within 30 days after the invoice is issued. Payment is made by bank transfer. No discount is granted for early payment. In the event of delay, penalties will be payable without any reminder being necessary in accordance with the law. These penalties amount to the ECB rate on the previous January 1, increased by 10 points. In the event of interruption of the project by the Client, the steps already carried out must be the subject of a payment. Only one invoice is issued per order, unless the quote has explicitly admitted the option of editing more than one. A lump sum compensation of 40 euros per invoice will be due from the first day of late payment.
RIGHTS ON THE WORK CARRIED OUT
According to the provisions of the intellectual property code, the moral right of a creation (including the right of disclosure, the right to respect for the work and the right of withdrawal) is attached to its creator in a perpetual and imprescriptible manner. In fact, only the economic rights explicitly stated on the estimate and / or the invoice are transferred to the Customer. These rights may in particular include the right of reproduction, the right of representation, the right of modification and / and the right of exploitation. Unless otherwise stated on the estimate, the production files and the sources remain the property of the Service Provider. Only the finished product will be sent to the Customer. The Service Provider does not provide source files. If collaborative tools are used, it remains the guarantor of its version. The Customer who wishes to use the Service Provider's texts must inform him of this in advance. Indeed, any full or partial representation or reproduction made without the consent of the author or his successors in title is illegal and punishable according to the laws relating to the offense of counterfeiting. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by any art or any process. For its part, the Service Provider undertakes to ensure that it has all the economic rights over the Services ordered by the Customer and to do the necessary for this with any subcontractors.
‣ The Customer is required to send the documents, information, data, visuals or specific instructions necessary for the performance of the Services ordered. In the event that the Customer does not respect a reasonable time limit for the transmission of the elements necessary for the performance of the Service, the Service Provider's liability for delay cannot be sought. ‣ The Customer must, depending on the case, at the Service Provider's discretion, pay a deposit to trigger the start of the Service ordered. The liability of the Service Provider cannot be sought in the event of late payment of the deposit by the Customer, which would extend the period for implementing the Service ordered by the Service Provider.
‣ The Customer pays the price provided for in the manner that may be specified in the Quote. Failing this, the Service Provider reserves the right to suspend the performance of the Services ordered pending payment provided for without being liable for delay.
‣ The Customer's acceptance of the Delivery releases the Service Provider from any responsibility for the consequences that may be linked to it.
SERVICE PROVIDER'S OBLIGATIONS
‣ The Service Provider undertakes, and with him any subcontractors, to carry out the Service ordered by the Customer within the time limits agreed in the Estimate established between the Parties. In the event that the subcontractor (s) engaged in the Service, with the Client's agreement, will in any way have rendered the project undeliverable, the responsibility of the Service Provider would be limited to the amount of the invoice issued by him for the said project.
‣ The Service Provider guarantees that he and his potential subcontractors respect the confidentiality of the projects and files sent to him by the Client.
‣ The Service Provider will keep the projects carried out in its archives for a maximum period of five years. Beyond this period, he will no longer be required to archive them.
The Service Provider reserves the right to mention his achievements on his communication and advertising documents (Website, portfolio, blog, brochure, etc.) and when he canvassed for commercial prospecting. This right extends more particularly to the constituent elements of the realization, including without restriction the public presentation of the textual and iconographic contents. Any deviation from this provision (delayed publication or even total confidentiality) must be explicitly mentioned in the estimate.
TRANSFER OF SOURCES
At the discretion of the Service Provider, who may refuse to transfer them, the transfer of sources may be subject to costing in the Initial Estimate; for Customers who request it after the performance of the Service ordered and with the agreement of the Service Provider, it will be invoiced separately. In any case, certain sources requiring a nominative and individual license and which cannot be transferred will remain the property of the Service Provider unless it has been agreed in advance with the Customer that the latter will acquire them directly.
LIMITATION AND EXEMPTION OF RESPONSIBILITY OF THE PROVIDER
Beyond the discharges and exemptions of responsibility of the Service Provider as stipulated in these General Conditions of Sale, the responsibility of the Service Provider can not, in any way whatsoever and for any reason whatsoever, be engaged in the event of impossibility for the Customer to succeed, on time or even at all, not resulting from a deficiency of the Service Provider or that of one of his employees. In addition, the responsibility of the Service Provider can not be engaged in the event of:
‣ Inadequacies or delays in the communication of the information necessary to ensure the performance of the Services ordered.
‣ Failures of the Customer in the respect and application of the General Conditions of Sale.
‣ Events resulting from force majeure preventing the performance of the Services by the Service Provider.
‣ Failure of an external service provider, in particular a printer or web / IT developer, when the Service Provider monitors the services for the latter on behalf of the Customer but without being his subcontractor.
COMPUTING AND FREEDOM
The service provider's name files are declared to the Commission Nationale Informatique et Libertés (CNIL) in accordance with the provisions of the Data Protection Act of January 6, 1978 as amended by Law No. 2004-8 ° 1 of August 6, 2004. Under of the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access, rectify or oppose the personal data collected which concerns him. These rights can be exercised on simple request by letter addressed to the head office. The Customer can also obtain, at his expense (reproduction cost), a copy of the personal data concerning him, as well as the information to which he is entitled under the aforementioned law.
RESPECT FOR COPYRIGHT
The Customer assumes full and entire responsibility for the choices made in terms of textual and iconographic content appearing in the work delivered by the Service Provider as well as for the use that will be made of it and in particular for the latter's compliance with the regulations in force. The Customer also ensures that he owns the rights necessary for the exploitation of all the creative textual and iconographic elements provided to the Service Provider as part of his mission and guarantees the Service Provider against any third party complaint relating to the violation of the rights of these elements. TO
APPLICABLE LAW These General Conditions of Sale are subject, for their interpretation and execution, to the provisions of French law.
SETTLEMENT OF DISPUTES AND COMPETENT JURISDICTION Disputes between Customers and the Service Provider fall under the exclusive jurisdiction of the Commercial Court of Nanterre, which may be referred to after an attempt at amicable resolution has remained ineffective.