GENERAL CONDITIONS OF SALE
These general terms and conditions of sale apply by default to Le GouelleCouleurs, except for exceptions mentioned on quotes or invoices. You are required to consult the general terms and conditions of sale whenever you entrust the execution of a task to Le GouelleCouleurs, as with any collaboration. When placing an order (signing all quotes), you declare that you have read the clauses below.
RESERVATION OF OWNERSHIP
All creations generate copyrights governed by the Intellectual Property Code. Their amount is relative to the actual use of the creation by the client; any use other than that indicated on the invoice will be subject to additional rights. The creation, the subject of the order, may only be used under the conditions defined in the said order. The signature (or credits) may not be moved or deleted without the written consent of the author. An idea proposed by the client does not in itself constitute a creation.
PROPERTIES OF THE WORK CARRIED OUT
The entire production and related rights, subject of the order, remain the full and exclusive property of Le Gouellecouleurs until the invoices issued are paid in full by the Client, up to the total amount of the order and any amendments concluded during the service. As a corollary, the Client will become the de facto owner of the production and the rights transferred upon final payment and settlement of all invoices issued by Le Gouellecouleurs in connection with the order.
Unless otherwise stated in the quote, the production files and their sources (native and visual files) remain the property of Le Gouellecouleurs. Only the finished product will be sent to the Client. In the absence of such a mention and if the Client wishes to have the sources of the documents, an amendment to this document must be requested for an amount of 50% of the total amount of the order.
ORDER FORM
A purchase order or written confirmation in accordance with the terms of the quote - must be provided to the graphic designer. The quote signed by the client and marked "Good for agreement" has the value of a purchase order. No order may be partially or totally cancelled during execution.
DATA TRANSMISSIONS
The customer transmits his data, according to their nature and at his convenience, by e-mail, to the address: contact@legouellecouleurs.com or by telephone at: 03 21 88 92 06. Any delay or omission in transmitting documents relating to the service ordered will result in a postponement of delivery.
PRICES
Supplies such as typographic composition, translations of photographs and illustrations of all origins, archival documents, etc., which may be necessary to complete the work, are not included in the prices indicated (except for certain special offers for business creators).
The following will be invoiced in addition: changes requested by the client to the project in progress involving significant rework, additional travel expenses, etc. No discount will be granted for early payment. Payment is made in euros.
REGULATIONS
Whether by check, bank transfer or cash, the payment terms will be the same. 50% deposit upon ordering and 50% upon receipt of the balance invoice (maximum 30 days after payment of the deposit). The balance payment is made before any production or publication of a site. All payments by check are made payable to Le GouelleCouleurs.
CANCELLATIONS
In the event of cancellation of an order by the customer, the amounts already paid to Le Gouellecouleurs, constituting compensation for the work undertaken, regardless of the progress of the project, will remain the customer's property. This cancellation of an order must be made within a maximum of 7 days following validation of the quote.
DELAYS
In the event that the Client puts the project on hold (one month after acceptance of the quote or during the performance of the service), Le GouelleCouleurs reserves the right to demand payment of the entire order on the initially scheduled delivery date. In accordance with the law, in the event of late payment, late payment penalties are payable without the need for a reminder. These penalties amount to 20% of the total invoice amount per day of delay. In the event of non-payment on the scheduled date, the graphic designer reserves the right to put the buyer on notice to pay the invoiced amount. In the event of non-payment, the client will bear the recovery costs.
DELIVERIES
The services ordered are carried out by Le GouelleCouleurs within the timeframes indicated, unless these are extended by the customer (see “Article 3: Transmission of data” of these general terms and conditions of sale). The services carried out through Le GouelleCouleurs are sent in the form of certified copies of the files transmitted to the printers (non-modifiable) to the electronic contact details indicated by the customer on the order form.
COPYRIGHT
The client will systematically provide the graphic designer with several copies of the creations produced. Le GouelleCouleurs reserves the right to use these creations for promotional purposes.
SERVICE DESIGNATION
Le GouelleCouleurs, designer of graphic creations and files ready to be manufactured or hosted, cannot under any circumstances be held responsible for any quality defect or delay on the part of a manufacturer, for a typographical or graphic composition error not noticed by its customers before production or for problems encountered with the hosting or referencing of a website.
The client assumes responsibility when signing the proof, or when agreeing by email or telephone. Le Gouellecouleurs cannot be held responsible under any circumstances following this agreement (verbal or written), in the event of an error found after production. Our customers certify that they have scrupulously rechecked the following parameters for each model submitted, even if these models are submitted several times.
general layout, arrangement of the different sides of the documents, dimensions, careful proofreading of the imposed texts, validation of the visuals (photos, illustrations, color effects, etc.), integrated barcodes and/or flash codes, mandatory legal notices.
A digital backup will be sent to you by email (files provided to the printer in HD JPEG, the logo in PDF). The editable native graphic design files will under no circumstances be transmitted free of charge to Le GouelleCouleurs customers or to another graphic design studio, without the native elements being subject to additional invoicing, see paragraph: PROPERTIES OF THE WORK CARRIED OUT
FORCE MAJEURE
Le GouelleCouleurs cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
DISPUTES
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Court of Saint-Omer (62500).
CHANGES
Le GouelleCouleurs reserves the right to modify or update these conditions of sale at any time, without notice.
ACCEPTANCES
These general terms and conditions of sale are sent to you with each new quote. The customer who has placed an order with Le GouelleCouleurs is deemed to have read and accepted the previous general terms and conditions of sale without any reservation.
