Terms and conditions
Article 1: object -
The purpose of these general conditions of sale is to define the rights and obligations of the novashop agency, represented by nicolas de beaulieu, n ° siret 435 107 669 000 36 (hereinafter referred to as the "Agency"), and its customers.
The present general conditions and the Commercial Code regulate the conditions of sale of the products and services of the Agency. They will prevail over all terms and conditions that may appear on orders or other documents from the client.
Article 2 - Quotation - order form
Prices and deadlines are valid for three months from the date of issue of the quote. They are firm and non-revisable to order if it comes in later this month. The service includes everything that is explicitly listed. Any service not included in the proposal will be the subject of a complementary free quote. The quote acts as a purchase order.
Quotes are based on the elements and information provided by the customer. Any modification in terms of elements, manufacturing methods and delivery, automatically leads to an increase in prices.
All work undertaken by the agency and resulting in an expense at the customer's expense will be the subject of a preliminary estimate estimating their amount excluding taxes. A purchase order or an estimate signed by the customer takes place place of order, unless special clause express.
Article 2.2 - Delivery times, planning -
The corrections requested by the customer are not unlimited, only those included in the order form will be made. A working time is indicated at the bottom of the quote. The number of working days can not exceed this figure. Any additional correction will be subject to additional billing, per day.
Article 3 - Terms, conditions and late payment -
The payment is reslisé in the form of bank draft (or paypal), automatic and monthly, in 5 or 10 times, according to what is indicated on the estimate. Any late payment may give rise to late penalties calculated according to the legal rules in force. The rate of late payment penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, ie 10% (Article L.441-6 paragraph 3 of the French Commercial Code). This procedure is triggered automatically after 3 months of delay of a monthly payment.
Article 3.1. Good to shoot, deliveries
Good to shoot, extra days - Any change in delivery times must be stipulated by the buyer or agency, in writing. From the moment when the buyer validates his order by signing the quotation form, he is considered to have accepted knowingly and without reserve price, the services ordered, as well as the number of working days specified on the purchase order. At the end of the first phase of work, which is the webdesign, the client validates a BAT good to shoot. After this BAT design, the developers start their work, and any subsequent modification, during or after the realization, represents a higher amount of work, and will be the subject of an estimate of days of additional development.
Article 4. Cancellations, withdrawal
Satisfied or refunded if you do not appear on Google. Any cancellation of the order must first be subject to the authorization of the agency and must be made in writing or by e.mail. It will not be accepted any cancellation of an order already entered in process of realization. The cancellation of a payment, unilaterally and without warning the agency, will immediately be subject to a prosecution in the commercial court with penalties of damages.
In case of withdrawal request, in case of dissatisfaction with the customer, the agency requests a detailed list of points of dissatisfaction by registered letter AR, and undertakes to respond specifically by registered letter AR, and to propose solutions to amicably.
Article 4.1. Satisfied or refunded
This guarantee is valid only if the site is not realized in a maximum month, except later delays specified on the estimate signed by you, or if you do not appear on Google with your domain name. two months after the signature of the estimate.
Article 5. Breach of contract
If the agency accepts a breach of contract, this will be specified in the letter of response, and this break is subject to a period of 3 months notice. The monthly payments due are therefore, from this date of rupture, stipulated in the registered letter AR, due for another 3 monthly payments.
Article 6 - Working documents -
The documents provided by the client are confidential and will not leave the premises of the agency, and will be returned at the end of the work.
Article 7 - Copyrights and commercial notices -
Unless explicitly stated otherwise by the client, the Agency reserves the right to include in the production a commercial statement clearly indicating its contribution, in the form of a mention of the type: "Graphic design, by the agency x".
Article 8 - Ownership of production -
All production, subject of this order, remains the entire and exclusive property of the Agency as long as the invoices issued by the Agency are not paid in full by the client company,
the client company will become de facto owner of the production from the final settlement and paying all the invoices for the duration of the rights acquired and specified in the order.
Article 9 - Liability and ownership of contents -
The client company, represented by the signatory of this order, acknowledges and assumes full responsibility for the choices made in terms of textual and iconographic content contained in the project delivered by the Agency. The responsibility of the Agency can in no case be sought in the event that the content provided by the customer does not prove to be free of rights or would be detrimental to intellectual property rights of a third party.
Article 10 - Right of publicity -
Unless explicitly stated otherwise by the customer, notified by mail with acknowledgment of receipt, the Agency reserves the right to mention its implementation for the client company as a reference in the context of its business prospecting, external communication and advertising.
Article 11 - Force majeure -
The Agency can not be held responsible for a delay not respected because of any fortuitous event or force majeure as, in particular, any act emanating from a civil or military authority, de facto or right to strike, fire , flood, water damage, storm and lightning, accident, riot, attack, non-delivery of documents for the creation or commissioning of the product, any fact attributable to a third party, or other circumstance having an external cause and the preventing, directly or through a third party, to meet the said obligations. The agency undertakes to warn the customer as soon as possible.
Article 12 - Unpaid -
Law LME L2008-776 of August 4, 2008, provide for a maximum payment period of 45 days end of the month. Beyond this, a decree of October 2012 authorizes the application of a recovery fee of € 40, and a decree of August 2014 sets the late payment penalties at the ECB +10 rate, ie 11%. Beyond this, if there is no conciliation (see Article 5), an order for payment procedure at the Paris Commercial Court will be initiated.