INKREA - GRAPHIC, WEB & PRINT CREATION:
TERMS OF SALES
These general conditions of sale are intended to define the rights and obligations of the parties. They apply to all services or sales made by InKréa for its customers.
ARTICLE 1: THE PARTIES
The term " Client " refers to any legal or natural person, having required the skills of " InKréa" for any provision of services or product offered to said customer. The term " Provider " refers to Sylvia TOCANIER (InKréa), freelance graphic designer and trainer, residing at 5 rue Lapassade in Riupeyrous , in France, and sole manager of the company InKréa – SIRET N° 79442733600019.
ARTICLE 2: GENERAL AND ACCEPTANCE OF THE CONTRACT
The Service Provider reserves the right to modify these general conditions of sale and all the formulas and prices it offers at any time and without notice. Any modification made will not affect quotes or purchase orders whose dates are prior to the date of modification of the general conditions of sale. In the event that the Customer is an individual, he acknowledges being of legal age in accordance with the laws of the country in which he resides.
By accepting a quote or an order form published by the Service Provider, the Customer acknowledges having read and accepted these general conditions of sale.
ARTICLE 3: PRICES
The prices are expressed in euros (€) and are not subject to VAT in accordance with the status of micro enterprise involving a VAT exemption, according to article 293 B of the CGI.
ARTICLE 4: REALIZATION OF THE PROJECT
4.1: Specifications
In the case of a complex project, the Customer undertakes to establish specifications prior to the publication of the estimate, the latter must be complete and detailed. The specifications may possibly be drawn up in collaboration with the Service Provider. In all cases, it must be approved by the latter, in order to validate the possibilities of carrying out the project. Unless mutually agreed between the parties, if modifications would involve a substantial revision of the specifications, these will be invoiced in addition to the initial estimate. The Service Provider reserves the right to refuse to carry out any element that it deems beyond its competence or impossible to carry out within the set deadlines.
4.2: Quotation and purchase order
The Service Provider provides an estimate in the case of a service and an order form in the case of a sale (purchase of a plugin for example). In the case of an estimate, it must be dated and signed with the mention " bon pour accord " by the Customer. The estimate must also be accompanied by a deposit. The service begins upon receipt of the deposit and the estimate duly signed by the Customer. In the event of an online purchase, the product is delivered within a maximum of 15 days after the total receipt of the order.
4.3: Elements to be provided and responsibility of the Customer
The Client undertakes to provide all the textual or multimedia elements necessary for the realization of his project. The files provided must be presented in usable formats, in order to allow their use in the project. The Client also undertakes to provide all necessary, fair and sincere information that may be requested by the Service Provider for the collaboration and compliance of the project. He will be solely responsible for any errors that may result from incorrect information and/or transmitted too late. The Client is required to maintain a valid e-mail address and postal address to allow the smooth running of the project. The Service Provider declines all responsibility concerning the copyright, distribution and exploitation rights of the textual and/or multimedia content provided by the Client.
4.4: Cooperation
The Client and the Service Provider agree to actively collaborate in the success of the project. The Customer will then have to ensure the conformity of the data that he provides and/or chooses within the framework of the realization of his project. The Service Provider undertakes, for its part, to regularly and effectively inform its client of the progress of the project, including validations requested from the Client for the proper continuation of the services.
4.5: Competitive Bidding Information
The Client undertakes to inform the Service Provider of any competition with other service providers.
4.6: Confidentiality
In terms of confidentiality and this, before and throughout the duration of the project, the Service Provider undertakes to keep confidential all information and/or documents of any kind whatsoever concerning the Client and his project.
4.7 : Ownership
The Service Provider reserves full and exclusive ownership of all work carried out as long as the contract has not come to an end. Only then, unless otherwise stated in the specifications, will the Client have full ownership of the works sold to him by the Service Provider. The right of ownership granted to the Customer will be represented by mention of assignment of copyright on the end of project invoice. In the absence of this mention, the Service Provider shall retain ownership of the work carried out.
ARTICLE 5: ADDITIONAL COSTS
The Service Provider undertakes to inform the Client of any element that would be requested by the Client and would have a cost not included in the initial estimate. The additional cost may be subject to an amendment to the initial quote and will be added to the Customer's invoice. Similarly, travel necessary for production, presentation and/or any training may be charged to the Client.
ARTICLE 6: DELIVERY
The services to be provided are those clearly indicated on the estimate. All services not stated will be the subject of an amendment to the estimate. The delivery time of the project will be that indicated on the estimate, this one is necessary for the realization of the project and takes effect on the date of signature of the estimate and receipt of the requested deposit.
6.1: Delay in delivery and incapacity for work
In the event that the Service Provider would be unable to continue the project, as a result of illness or accident, otherwise due to lack of documents or information, or even by non-validation of a stage of the project, the Service Provider reserves the right the right to delay the deadline of the project, or to temporarily or permanently suspend the project without the Customer being able to demand payment of compensation. If the quote is canceled by the Service Provider himself before the start of the work, a refund (or non-collection) of the deposit will be granted to the Client.
6.2: Copyright Assignment Agreement
For all graphic creations, a copyright assignment contract may be made. Said contract will be provided by the Service Provider and must be signed by both parties to be valid. Failing this, the Service Provider's estimate will mention the details and price of the transfer of copyright, for each service requiring it. In some cases, copyright may be paid by the Client in the form of a royalty to the author of the creations. The rejected projects, prototypes and models remain the exclusive property of the Service Provider.
ARTICLE 7: INVOICING AND PAYMENT
The Customer undertakes to pay the sums due to the Service Provider before the due date shown on his invoice, or failing that, within 30 days of the invoice date. No achievement resulting from an order form may be returned to the Customer until the total amount of the invoice has been paid.
8.1: Methods of payment
Payments are made either: by cash in euros (€) given by hand, or by check payable to " Sylvia TOCANIER", or by bank transfer, or by online payment. The check can be sent to the address: " 5 rue Lapassade, 64160 RIUPEYROUS FRANCE ". A bank transfer is made on request of a RIB to Sylvia TOCANIER.
8.2: Discounts
Discounts may be granted to the Customer by the Service Provider. Expressed in percentages or in euros (€), they can apply to all or part of the total amount excluding taxes (and excluding additional discounts) of the invoice.
8.3: Deposit
The Service Provider reserves the right to claim from the Customer a deposit on all or part of the total invoice before the performance of the service.
8.4: Late payment
Failure to pay an invoice automatically results in the cancellation of the transfer of copyright and therefore the impossibility of using the visual(s) concerned. The costs resulting from lawsuits and/or fees for the recovery of unpaid invoices are the sole responsibility of the Customer.
8.5: Late payment penalties
Any delay in payment greater than 6 months after the date of issue of the invoice will result in late payment charges. These costs are calculated on the total amount of the initial invoice, according to the rate in force of the European Central Bank at the time of the reminder.
ARTICLE 9: FORCE MAJEURE
Force majeure takes into account facts or circumstances external to the parties, irresistible, unforeseeable and beyond the control of the parties. The following are also considered as cases of force majeure: the blocking of means of transport or supplies, natural disasters, strikes by postal or other services, the shutdown of telecommunication networks (Internet) and any other event_cc781905-5cde-3194 -bb3b-136bad5cf58d_ that could prevent the execution or the smooth running of the project. Force majeure has the effect of temporarily suspending and delaying the completion of the project.
ARTICLE 10: BREACH OF CONTRACT OR CANCELLATION OF ORDER
In the event that one or other of the parties terminates the contract, the Customer formally undertakes to regularize and compensate all amounts relating to the work carried out and/or in progress, as well as to the services supplements made. All copyright, distribution and exploitation rights remain the sole and exclusive property of the Service Provider, apart from the documents provided by the Client. All the sources and data produced by the Service Provider cannot be claimed by the Client without a financial contribution.
ARTICLE 11: SETTLEMENT OF DISPUTES
Any dispute relating to the interpretation and/or execution of these general conditions of sale is subject to French law. In the event of a dispute, the parties undertake to do everything possible to settle their differences amicably. In the event that an amicable resolution cannot succeed, the competent jurisdiction is that of the place of residence of the Service Provider.
ARTICLE 12: COPYRIGHT AND PUBLICITY
12.1: Copyright and commercial notice
Unless otherwise stated on the estimate and/or the invoice, the Service Provider reserves the right to include in the production a commercial mention and/or a logo clearly indicating its contribution to the project, all accompanied if necessary and when possible , a hypertext link pointing to the website InKréa.
12.2: Right of publicity
Unless otherwise stated on the estimate and/or the invoice, the Service Provider reserves the right to mention all the achievements made for the Client on its communication and advertising media.
Dated May 12, 2015.
Last modification on May 12, 2015
ARTICLE 13: PRIVACY POLICY AND USE OF COOKIES ON THE WWW.INKREA.FR SITE
The www.inkrea.fr website uses 2 types of cookies: some cookies may be added by third-party services: Google Analytics (visit statistics), Facebook (social network cookies), etc.
Other cookies are created and read by the www.inkrea.fr site, in particular to personalize the customer experience (persistent connection to the customer account, persistent shopping cart, recently viewed products, etc.). The information contained in these cookies is never transmitted to companies other than InKréa, represented by Sylvia Tocanier (editor of the site www.inkrea.fr)
The lifetime of these cookies generated by www.inkrea.fr does not exceed the legal duration of 13 months.
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