Last updated : June 15th, 2023
These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to any purchase of the following services:
as offered by the Service Provider to professional clients ("Clients or the Client") on the website damiensoudry.com. The main characteristics of the Services and Offerings are presented on the website damiensoudry.com. The Client is required to be aware of these characteristics before placing any order. The choice and purchase of a Service are the sole responsibility of the Client.
These GTC are accessible at any time on the website damiensoudry.com and will prevail over any other document.
The Client declares that they have read these GTC and accepted them by signing them (physically, electronically, or by any other means) before the start of the Service.
Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.
The contact details of the Service Provider are as follows:
E.I. Damien Soudry
135 Rue Saint Marceau 45100 Orléans
Registration number : 948669072
VAT identification number : FR68948669072
Email: contact@damiensoudry.com
Phone : 07.83.00.65.51
The prices are expressed in Euros, excluding taxes (HT) and including taxes (TTC).
The payment requested from the Client corresponds to the total amount of the purchase, including these fees. An invoice is issued by the Service Provider and provided to the Client upon the provision of the ordered Services.
Certain orders may be subject to a previously accepted quote. The quotes established by the Service Provider are valid for a period of 2 months after their establishment.
It is the Client's responsibility to select on the damiensoudry.com website the Services they wish to order, according to the following modalities:
The Service Provider's Services are limited to the creation of the website, as described in the quote and the general terms and conditions of sale. The Service Provider does not provide hosting, auditing, or consulting services, and is not responsible for any other tasks or services outside the creation of the website. Any service required by the Client outside of these Services is not covered by the Service Provider's Services and is the sole responsibility of the Client.
It is the Client's responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the damiensoudry.com website constitutes the formation of a distance contract between the Client and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The price is paid via secure payment, according to the following modalities:
The price is payable under the following conditions and schedule:
In the event of a delay in payment and payment of the amounts due by the Client beyond the specified deadlines, and after the payment date indicated on the invoice sent to the Client, late payment penalties calculated at the legal rate applicable to the total TTC amount of the purchase price stated on the said invoice, will automatically and by operation of law be acquired by the Service Provider, without any formalities or prior notice.
The delay in payment will result in the immediate payment of the entire amount due by the Client, without prejudice to any other action that the Service Provider may take against the Client in this regard.
Furthermore, the Service Provider reserves the right, in the event of non-compliance with the payment conditions stated above, to suspend or cancel the provision of the Services ordered by the Client.
The payment data is exchanged in encrypted mode using the protocol defined by the accredited payment Service Provider for banking transactions carried out on the damiensoudry.com website.
Payments made by the Client will only be considered final after effective receipt of the amounts due by the Service Provider.
The Service Provider will not be obliged to provide the Services ordered by the Client if the Client does not pay the full price in accordance with the conditions indicated above.
The Services ordered by the Client will be provided according to the following modalities:
1. After accepting the work, the parties agree to engage in a dialogue between the Client and the Service Provider to ensure a clear understanding of the Client's needs and to facilitate the provision of any materials required by the Service Provider for the completion of the task. Such materials may include, but are not limited to, written documents, photographs, videos, etc.
2. Communication between the Client and the Service Provider will take place through email, phone calls, or video conferences to ensure a clear understanding of the Client's needs and to avoid any confusion in the development of the solution. As a result, the Client is required to be available or designate a representative to respond to the Service Provider's questions for a few hours per week and to validate their work throughout the process.
3. The Service Provider reserves the right to allow a maximum of two revisions before the work is considered validated by default. Revisions must be submitted within two weeks from the presentation of the first version of the website. These exchanges will not be charged in addition to the website creation services described in the quote and the general terms and conditions of sale.
The said Services will be provided within a maximum period of 6 months from the final validation of the Client's order, under the conditions provided in these CGV, at the address indicated by the Client when placing the order on the damiensoudry.com website or in the quote. The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client, within the scope of an obligation of means and within the above-mentioned time frames.
If the ordered Services have not been provided within a period of 2 months after the indicative date of provision, for any reason other than force majeure or the Client's actions, the sale of the Services may be resolved at the written request of the Client in accordance with the conditions provided in articles L 216-2, L216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Client concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the associated costs will be subject to a separate additional invoicing.
In the absence of reservations or claims expressly made by the Client upon receipt of the Services, they will be deemed to conform to the order in terms of quantity and quality. The Client will have a period of 3 months from the provision of the Services to make claims by email to: support@damiensoudry.com, with all relevant supporting documents, to the Service Provider.
No claim will be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.
The Service Provider will refund or rectify, at its own expense and as soon as possible, the Services whose lack of conformity has been duly proven by the Client.
Once the graphic design or web project is completed by the Service Provider, it will submit a final version of the creation, called Final Page Proof (FPP), to the Client.
The Client agrees to carefully review the FPP and validate it by providing their written or electronic agreement to indicate their approval.
By giving their approval on the FPP, the Client confirms that all elements of the creation, including design, layout, textual and visual content, meet their requirements and are in line with their expectations.
The Client assumes full responsibility for any errors, omissions, typos, inaccuracies, or any other defects present in the FPP they have approved.
Once the FPP is approved, any modifications requested by the Client may be subject to additional charges and additional timelines unless otherwise agreed between the parties.
The Service Provider disclaims any responsibility for errors, omissions, typos, inaccuracies, or any other defects present in the creation after the Client's approval of the FPP.
In case of a major error or defect identified in the creation after the approval of the FPP, the Service Provider agrees to collaborate with the Client to find an acceptable solution, subject to the terms and conditions agreed upon in the initial contract.
The Client confirms that the approval of the FPP can be given in writing or electronically, in accordance with the applicable legal provisions.
The Service Provider retains a copy of the Client's written or electronic agreement to prove the approval of the FPP.
Any modifications requested by the Client after the approval of the FPP may result in additional charges and additional timelines, which will be agreed upon between the parties.
The Service Provider reserves the right to refuse any substantial modification or to propose adjustments to the originally agreed fees and timelines.
The Final Page Proof (FPP) clause is an integral part of the contract between the Service Provider and the Client and remains in effect until the completion and final delivery of the project.
Once the completed work is delivered, the Client assumes full responsibility for the choices made regarding textual and iconographic content of the graphic creation developed by the Service Provider.
The Service Provider acknowledges and guarantees that the graphic creation is original and does not violate any intellectual property rights of third parties.
The Client understands and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other intellectual property rights, related to the graphic creation developed by the Service Provider under this contract, will be exclusively owned by the Client after the transfer of ownership, in accordance with Article L111-1 of the Intellectual Property Code.
The Service Provider undertakes to assign and transfer all intellectual property rights in the graphic creation to the Client, including copyrights and related rights.
The assignment of intellectual property rights is conditioned upon the full payment of the fees agreed between the parties. Until full payment has been made, the intellectual property rights will not be transferred to the Client.
The Client is authorized to use the graphic creation for commercial or non-commercial purposes, in accordance with the applicable laws.
The Client acknowledges that the Service Provider cannot be held responsible for the choices made regarding textual and iconographic content of the graphic creation after its delivery.
The Service Provider is authorized to use the creations made for the Client for commercial and marketing purposes, such as promoting its services, showcasing its portfolio, or any other similar activity.
The Service Provider's use of the creations for commercial and marketing purposes does not infringe upon the Client's intellectual property rights and does not disclose confidential information.
The Service Provider warrants that the graphic creation does not violate any third-party intellectual property rights and that it has obtained all necessary authorizations for its use.
In case of termination or expiration of the contract, all obligations related to the transfer of ownership stipulated in this clause will remain in effect.
In accordance with the provisions of Article L221-18 of the Consumer Code:
«For contracts providing for the regular delivery of goods over a defined period, the withdrawal period starts from the receipt of the first good.»
The right of withdrawal can be exercised online, using the attached withdrawal form, which is also available on the website, or by any other unambiguous statement expressing the intention to withdraw, including by postal mail sent to the Service Provider at the postal or email address indicated in Article 1 of these General Terms and Conditions.
The Service Provider guarantees, in accordance with the legal provisions and without any additional payment, the Client, against any lack of conformity or hidden defect arising from a defect in the design or execution of the Services ordered under the following conditions and terms: Provisions relating to legal warranties.
Article L217-4 of the Consumer Code:
«The seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when it has been made their responsibility by the contract or has been carried out under their responsibility.»
Article L217-5 of the Consumer Code
«The goods comply with the contract :
1˚ If they are suitable for the customary use of such goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model;
- if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2˚ Or if they have the features defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller's knowledge and accepted by the seller.»
Article L217-12 of the Consumer Code:
«The action resulting from lack of conformity shall be barred after two years from the date of delivery of the goods.»
Article L217-16 of the Consumer Code:
«When the buyer requests from the seller, during the commercial warranty period granted upon purchase or repair of movable property, a restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period shall run from the buyer's request for intervention or the making available for repair of the property in question, if the making available is subsequent to the request for intervention.»
To assert their rights, the Client must inform the Service Provider in writing (email or letter) of the existence of defects or lack of conformity.
The Service Provider will refund or rectify or have rectified (where possible) the services deemed to be defective as quickly as possible and no later than 30 days following the Service Provider's finding of the defect or lack of conformity. The refund can be made by bank transfer or bank cheque.
The Service Provider's warranty is limited to the refund of the Services actually paid by the Client.
The Service Provider shall not be held liable or in default for any delay or failure due to the occurrence of a force majeure event as usually recognized by French jurisprudence.
The Services provided through the website damiensoudry.com by the Service Provider comply with the regulations in force in France. The Service Provider shall not be liable in the event of non-compliance with the legislation of the country in which the Services are provided, and it is the Client's responsibility, who is solely responsible for choosing the requested Services, to verify compliance.
The Client is informed that the collection of their personal data is necessary for the sale and execution of the Services entrusted to the Service Provider. These personal data are collected solely for the performance of the service contract.
The personal data collected on the damiensoudry.com website are as follows:
When the Client places an order for Services:
By sending a message via the contact form on the website, the Client expressly gives consent for their personal data to be processed for the purpose of providing a response.
In the context of payment for the Services offered on the damiensoudry.com website, the website records financial data related to the Client's/user's bank account or credit card.
The personal data is reserved for the exclusive use of the Service Provider and its employees. We commit to respecting their confidentiality.
The data controller is the Service Provider, as defined in the Data Protection Act and, as of May 25, 2018, the General Data Protection Regulation (GDPR).
The data controller is the Service Provider, as defined in the Data Protection Act and, as of May 25, 2018, the General Data Protection Regulation (GDPR).
The Service Provider will retain the data collected for a period of 5 years, covering the period of prescription for contractual civil liability.
The Service Provider implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Service Provider cannot guarantee the security of information transmission or storage on the internet.
In accordance with the applicable regulations on personal data, Clients and users of the damiensoudry.com website have the following rights:
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The data controller must respond within a maximum of one month. In case of refusal to comply with the Client's request, the refusal must be justified.
The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seek judicial remedy.
The content of the damiensoudry.com website is the property of the Service Provider and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
These Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These Terms and Conditions are drafted in the French language.
In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
For any claim, please contact customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these Terms and Conditions.
French law applies to this contract. In the event of a failure to reach an amicable settlement of a dispute arising between the parties, only the French courts shall have jurisdiction to hear it. For any question relating to the application of these GTC, you can contact the publisher at the contact details indicated in ARTICLE 1.
Done on legalplace.fr.
Date ______________________
This form must be completed and returned only if the Client wishes to withdraw from the order placed on damiensoudry.com, subject to exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
I hereby notify the withdrawal from the contract for the order of the service as follows:
- Order of (indicate the date)
- Order number: ............................................
- Client's name: ..............................................
- Client's address: ........................................
Client's signature (only in the case of notification of this form on paper)
