CONDITIONS GÉNÉRALES DE VENTE
ARTICLE 1 - OBJECT
Mathilde Gautier's main activity is graphic design.
The term "Client" refers to any legal or natural person who has requested the services of Mathilde Gautier for any creation within the framework of graphic design skills.
The term "Third Party" means any natural or legal person who is not a party to the contract.
The term "Graphic Designer" refers to Mathilde Gautier, freelance graphic designer.
The Client and Mathilde Gautier agree on the fact that the signature of the commercial proposal attached by the Client has the value of a voucher for the order of the services described in the present document (Part: Graphics) and specifies the conditions under which the Client , instructs Mathilde Gautier who accepts it, to carry out the services. The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition.
Siret number 83192983100012
As a self-employed Mathilde Gautier is not subject to VAT
Headquarters: 13290 Aix-en-Provence
ARTICLE 2 - GENERAL
The purpose of these general conditions of sale is to define the rights and obligations of the parties during all orders placed by the Customer with Mathilde Gautier in the context of her commercial activity as a graphic designer, and this by all means at her disposal. The Graphic Designer reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These changes will have no impact on current orders.
ARTICLE 2 - PRICES
The prices appearing on the estimate are valid for one month from the date of publication thereof.
For Customers wishing to provide services on weekends, public holidays and at night (from 8 p.m. to 9 a.m.), a 40% increase is applied.
ARTICLE 3 - PAYMENTS
Orders are made after full receipt of payment.
Payments will be made by bank transfer and by Paypal to Mathilde Gautier.
ARTICLE 3 - COMMITMENT OF THE PARTIES
In general, the Client and the Graphic Designer undertake to collaborate actively in order to ensure the proper performance of the contract. Each undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other party to take the necessary measures.
a. THE CUSTOME
To enable the Graphic Designer to carry out his mission, the Client undertakes to:
- Provide the Graphic Designer with the purchase order/quote (dated, signed and/or stamped)
- Provide all the documentary, graphic and textual elements necessary for the proper performance of the contract, (in particular in the correct usable formats depending on the media targeted) and all the legal information to be added to the documents. The Client accepts responsibility for providing the content of the documents he publishes.
- Be the holder of the necessary intellectual property rights relating to all of the above elements transmitted to the Graphic Designer. The search for anteriority of names and creations is the responsibility of the Customer and remains his responsibility. Only the responsibility of the sponsor can be engaged in this respect.
- Strictly comply with the technical and creative recommendations made by the Graphic Designer.
- Guarantee the Graphic Designer against any action that may be brought against him due to the nature of the data or information (texts, images, sounds) that may have been provided or chosen by the Client.
- Pay the sums due to the Graphic Designer within the specific deadlines.
b. THE GRAPHIC DESIGNER
- The Graphic Designer guarantees that the creations are legally available and are not encumbered with the rights of third parties, employees or not of the Graphic Designer, for the uses provided for under the contract.
- The Graphic Designer undertakes to regularly and effectively inform the Client of the progress of the realization of the project and this, in particular, through validations submitted to the Client.
- For the purposes of confidentiality and for the duration of these presents and even after their termination for any reason whatsoever, the Graphic Designer undertakes to keep strictly confidential all information and documents of any kind whatsoever relating to the Client. , to which he could have had access in particular within the framework of the execution of this mission.
ARTICLE 4 - INTELLECTUAL PROPERTY
All of Mathilde Gautier's creations and related rights remain the full property of the Customer as soon as the order is finalized.
ARTICLE 5 - CANCELLATION OF THE ORDER
Once payment has been made, the commitment is firm and definitive for each party. It will not be possible to cancel.
This means that, in the event of cancellation, the payment is acquired by the Graphic Designer and will not be reimbursed by Mathilde Gautier.
If in the event of force majeure, Mathilde Gautier is obliged to cancel the contract, she undertakes to reimburse the payment in full.
ARTICLE 6 - ASSIGNMENT OF COPYRIGHT
According to the French Intellectual Property Code (articles L.121-1 to L.121-9), the moral right of a creation (including right of disclosure, right to respect for the work and right to withdrawal) is attached to its creator in a perpetual and imprescriptible manner.
Thus, only the property rights explicitly stated on this order will be transferred to the Customer, to the exclusion of any other, and this within the possible limits also appearing therein (limit of support, territory or duration).
It is also recalled that according to the same French Code of Intellectual Property (Art. L. 122-4), any representation or reproduction in whole or in part of a work made without the consent of the author or his successors in title is unlawful. , and punished according to the laws relating to the offense of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
ARTICLE 7 - RIGHT OF REPRODUCTION AND DISSEMINATION
Reproduction and distribution rights are calculated according to the distribution of the creation. They can be ceded as a lump sum or partially. Each different adaptation of the original work subject to a new assignment of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical scope of this contract and cannot exceed this limit. To allow the sponsor to freely exploit the service provided within the framework of its activity, all the economic rights relating to the creation of the service provider, under the project will be entirely and exclusively transferred to the sponsor, and this for the distribution on the supports specifically addressed during the order, during the effective payment of all the fees due.
ARTICLE 8 - PUBLICITY RIGHT
Mathilde Gautier reserves the right to publicly disseminate her achievements, to present them as part of her commercial prospecting, external communication, advertising. The Customer undertakes never to oppose it unless otherwise stated in writing by the Customer and accepted by Mathilde Gautier.
The Client authorizes Mathilde Gautier to publicly present all the constituent elements of the work without restriction, including the elements created by third-party authors and included in the work at her request, such as for example: Textual content, iconographic content, logos and slogans.
ARTICLE 9 - SOURCE USE
A source is a pre-existing document or element included in the work or part of the work, subject of the order, and which may, for its use, disclosure, reproduction or exploitation, require payment to its successor(s). (s) right. The sources can be of various natures: images, illustrations, sounds, fonts, etc.
This contract does not replace either the legal obligations of the Client company or those of the broadcasters, if any, towards the rights holders of the sources.
The Client undertakes to obtain all necessary authorizations, and to bear all related payments, in particular under copyright and personality rights, for the integration of all sources included in the work. realized by Mathilde Gautier, this before the disclosure of the work. It is the Customer's responsibility to find out about the conditions of use of the sources for which it requests insertion in the graphic compositions from their owner(s) or assign(s), and to accept them. the terms of use. By validating the work or part of the work, the Client company accepts the introduction of all the sources included in the work or part of the work.
ARTICLE 10 - SPECIFICATIONS
The Customer guarantees that he has taken care to provide Mathilde Gautier with the precise Specifications detailing the nature and environment of the order to be made. If the Customer does not provide Mathilde Gautier with the Specifications before the start of the execution of the order, or when the Specifications do not give sufficiently precise indications or recommendations on the way in which the creation of element included in the order, both parties agree that the visual design is left to the interpretation of Mathilde Gautier.
ARTICLE 11 - REQUEST FOR CHANGES
The Customer undertakes to formulate his requests for modification(s) concerning the model(s) provided by Mathilde Gautier in a clear and explicit manner (by email only) within seven days following the delivery of the model(s) to be validated, beyond this period the creations will be considered validated. An idea proposed by the Client does not in itself constitute a creation. It is agreed between the two parties that the consideration of request(s) for modification made by other means, in particular orally, are left to the convenience of Mathilde Gautier.
Any request for modification from the Client on the graphic proposal(s) indicating an omission, or an error on his part, in the content of the Specifications, or any request from the Client resulting in an addition or deletion of data which affects the Specifications and the data specified therein will be considered by both parties as a request for modification of the subject of the order by the Customer, beyond 1 correction a supplement will be invoiced. The following will also be invoiced in addition: modifications requested by the Customer during implementation, if they involve a complete reworking of the project.
Any modification to the subject of the order resulting in adjustments to the work (research, advice, or execution) already carried out by Mathilde Gautier or inducing additional work for Mathilde Gautier, will involve additional invoicing to the remuneration provided for by this this contract. The sums corresponding to the work already carried out by Mathilde Gautier are due by the Client and immediately payable.
ARTICLE 12 - VALIDATION
The Customer undertakes to formulate his validations in a clear and explicit manner by sending an email to Mathilde Gautier. The work carried out, delivered, and tacitly validated, implies that no modification can be made to the creation without constituting a new order.
The means of viewing the models before their departure for printing being numerous and not meeting the same standards, the Graphic Designer cannot be held responsible for any differences between a computer visualization and the final result of the products. The reproduction of colors cannot be guaranteed to be identical between the computer tool and the production line of the Graphic Designer's partners. The colors visible on a screen (whatever it is) are not contractual and will in no case be those reproduced on the various supports offered, in the same way as the graphic supports of the Graphic Designer's layout for the presentation of the products. may also not be completely identical to the final products received by the Customer.
ARTICLE 13 - REALIZATION OF THE ORDER
In the absence of execution by one of the parties of one of these obligations, without prejudice to the provisions of remuneration provided for the realization of the order and eight days after the sending by the other party of a formal notice by registered letter with acknowledgment of receipt that has remained without effect, this contract may be terminated automatically. The sums already paid will remain definitively acquired by Mathilde Gautier and the sums still due by the Customer will become immediately payable, without prejudice to any damages and interest due to Mathilde Gautier. The Client must return all elements of the work already submitted by Mathilde Gautier and agrees not to keep any copies.
ARTICLE 14 - NOT PARTIALLY VALID
If one or more stipulations of this contract are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.
ARTICLE 15 - INCAPACITY OF WORK
In the event of incapacity for work, as a result of illness or accident, Mathilde Gautier reserves the right to modify the current schedule without the Client being able to demand the payment of compensation. It is accepted that it must notify the Customer from the first working day of its incapacity.
ARTICLE 16 - ADDITIONAL COSTS
The miscellaneous items that may be necessary for the performance of the Designer's services and not covered by its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks. The textual content allowing the realization of the product must be provided by the Customer. Travel necessary for the proper performance of the contract may also be invoiced to the Customer.
ARTICLE 17 - PURCHASE ORDER
By completing an order form or signing the quote, the Customer validates the GSC (general conditions of sale) these elements serve as an order form. This must be accompanied by full payment for the service. The work will begin when all the documents (form, photos and full payment for the service) and graphic and textual documentary elements necessary for the proper performance of the contract will be available to the Graphic Designer.
ARTICLE 18 - LITIGATION
The contract is subject to French law. Any dispute or litigation relating to the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts of Marseille, to which they expressly attribute jurisdiction.
ARTICLE 19 - COPYRIGHT AND COMMERCIAL NOTICES
Unless expressly stated otherwise by the Client, Mathilde Gautier reserves the right to include in the production a statement clearly indicating her contribution, By Biancayeto Design, accompanied when the medium allows it, by a hypertext link pointing to the commercial site of her activity (www. .biancayeto.fr). The Customer agrees not to oppose it, and never to delete this information.
Generation of the general conditions of sale by Legalstart.