General conditions of sale
Last revision: 01/17/2023
Introduction:
The term “Client” designates any legal or natural person, having required the professional skills of Micheline Leblond for any creation within the framework of digital communication 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 Micheline Leblond, independent freelance graphic designer / designer, whose head office is in Charmes, registered under the SIRET number: 9130059300015 en EI.
General:
By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing any Products. In these Conditions you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.
Commitments 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 all the difficulties of which it becomes aware as the project progresses, to allow the other party to take the necessary measures.
The Customer
To enable the Graphic Designer to carry out its mission, the Client agrees to:
Draw up detailed specifications which will not undergo any further modification, except with the agreement of the parties, after having been approved by the service provider. In the event that modifications would involve a substantial reworking of the initial specifications, these will be invoiced in addition to the initial estimate.
Give the graphic designer the order form/quote (dated, signed and 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) the client undertakes to provide all the legal information to be added in the documents and accepts responsibility to provide the content of the documents it publishes.
Have the necessary rights to the elements provided above. Only the responsibility of the sponsor may be engaged in this respect.
Actively collaborate in the success of the project by providing the Graphic Designer in a timely manner with all the information and documents necessary for the proper understanding of the needs and the proper performance of the services.
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.
Settle the sums due to the graphic designer within the specific deadlines.
Inform the graphic designer of any competition with other service providers.
The graphic designer
If necessary, the graphic designer may intervene in the development of the specifications, jointly with the Client.
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 service provider, for the uses provided for under the contract.
The graphic designer undertakes to regularly and effectively inform the Client of the progress of the project, 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 in the context of the execution of this mission.
Validation of commands:
The signature of the "BAT" (Good to print) or the "Good for agreement" relieves the responsibility of "Volcan-ism", Micheline Leblond designer, of any error or omission of any nature whatsoever. These vouchers stamped and dated by the customer, his agent or representative, constitute acceptance of the work carried out and authorize its delivery according to the order form. With the emergence of the Internet, a validation click or a written agreement from the customer in an e-mail counts as "Good for agreement", in the same way as a signature.
In the absence of validation or a request for modification of the models by the client within a period of fifteen days, these will be considered as validated by both parties. The work carried out, delivered and tacitly validated, implies that the sums corresponding to this work are due.
The means of visualization of the models before their departure in 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 restitution of the colors cannot be guaranteed to be identical between the computer tool and the production line of the printers. The colors visible on a screen (whatever it is) are not contractual and will in no case be those reproduced on the various media offered (the same is true for prints made on a printer)._cc781905-5cde-3194 -bb3b-136bad5cf58d_
Mission completion times:
Orders are only considered valid upon acceptance of the estimate issued by “Volcan-ism”, Micheline Leblond, valid as an order of realization or mission.
Delivery or execution times are given for information only and do not bind Volcan-ism, Designer Micheline Leblond in an absolute way. The graphic designer Micheline Leblond “Volcan-ism” cannot, under any circumstances, be required to pay any compensation whatsoever, in the event of delay, damages or interest. This delay cannot in any case give rise to cancellation of the order stipulated in the order form.
Retraction:
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Additional charges:
Travel costs: couriers, plane, train, car, accommodation, meals, will be invoiced in addition (rental or mileage costs according to the tax rate in force) if an appointment with the Customer is necessary._cc781905-5cde-3194- bb3b-136bad5cf58d_
The technical costs and miscellaneous elements possibly necessary for the performance of the services of the graphic designer and not covered by his offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks, Cromalins (color prints), engraving or printing costs.
In the event that modifications, additions or deletions of data, requested by the Customer in the course of completion - and reporting an omission, or an error on his part - would involve a substantial reworking of the initial specifications (corrections copyright), or inducing additional work or exceeding the number of hours of work and correction initially indicated in the estimate, the latter will be invoiced in addition to the initial estimate. The sums corresponding to the work already carried out by the graphic designer are due by the Client and immediately payable.
Subject to the agreement of the graphic designer, an additional emergency fee (50% increase compared to the initial price of the service) will be invoiced for the services carried out at the request of the Client during Sundays, public holidays, or night (i.e. between 7 p.m. and 9 a.m. the next morning), or if the order is processed in priority to other orders in progress by the graphic designer.
Case of incapacity for work:
In the event of incapacity for work, following illness or accident, "Volcan-ism" designer, Micheline Leblond, reserves the right to modify the current schedule without the customer being able to demand the payment of 'allowances.
Case of major forces:
The parties cannot be held responsible or have failed in their contractual obligations, when the failure to perform the respective obligations originates in force majeure; the contract between the parties is suspended until the extinction of the causes that generated the force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonably possible efforts to prevent them. Are also considered as cases of force majeure, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, and in particular all networks accessible by Internet, or difficulties specific to telecommunications networks outside the parties. The party affected by force majeure shall notify the other within five (5) days.
Privacy notices:
Throughout the duration of the mission and even after termination for any reason whatsoever, "Volcan-ism" graphic designer, Micheline Leblond, 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 in the context of the execution of this mission.
Property reservations:
All of the production and related rights, subject of the order, remain the full and exclusive property of the graphic designer as long as the invoices issued are not paid in full by the Customer, up to the total amount of the order. and any amendments concluded during the service. As a corollary, the Customer will become the de facto owner of the production and the rights transferred from the final payment and settlement of all invoices issued by "Volcan-ism" graphic designer Micheline Leblond, within the framework of the order. Unless otherwise stated on the quote, the production files and sources remain the property of the Graphic Designer. Only the finished product will be sent to the Customer. In the absence of such mention and if the Client wishes to have the sources of the documents, an amendment to this document must be requested. The work carried out by the Graphic Designer, in particular the preliminary studies, remains confidential and cannot in any case be transmitted by the Client to a third party without prior agreement.
Dispute settlement:
The contract is subject to French law. Any dispute or litigation relating to the interpretation or execution of this contract will be brought before the court of Epinal, which is expressly accepted by the Customer.
Transfer principles:
In accordance with the CPI (articles L. 121-1 to L. 121-9), it is recalled that the moral right of a creation (including, among other things, the right to respect for the work and the right to respect for the name) remains attached to its author in a perpetual and imprescriptible manner.
In fact, only the property rights explicitly stated on this order will be transferred to the client company, to the exclusion of any other, and this within the possible limits also appearing therein (limit of support, territory or duration). Any representation or reproduction in whole or in part made without the consent of the author or his successors in title is unlawful and punishable under 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 (art. L. 122-4 of the CPI). An idea proposed by the Customer does not constitute, in itself, a creation.
Reproduction and distribution rights:
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 media specifically addressed when ordering, upon effective payment of all fees due.
Copyright and Trademark:
Unless expressly stated otherwise by the Client, the graphic designer reserves the right to include in the production a commercial statement clearly indicating his contribution, such as the formula "Design by Micheline Leblond, freelance graphic designer/designer" when the medium allows it. a hypertext link pointing to the commercial site of its activity “https://volcan-ism.com”. The Customer agrees not to oppose it, and never to delete this information.
Right of publicity:
The Graphic Designer reserves the right to mention the achievements made for the Client on its external communication and advertising documents (website, portfolio, etc.) and during commercial canvassing. The Customer undertakes never to oppose it.