ARTICLE 1 - Scope of application
The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all purchases of the following services:
Website and web application design services
as offered by the Service Provider to customers ("the Customer") on the https://sebastienchaine.framer.website/ website.
The main features of the Services are presented on the https://sebastienchaine.framer.website/ website.
It is the Customer's responsibility to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Terms and Conditions of Sale are accessible at all times on the https://sebastienchaine.framer.website/ website and shall prevail over any other document.
The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by checking the appropriate box before placing an order online at https://sebastienchaine.framer.website/.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.
The Provider's contact details are as follows:
SCH Design, Sole Proprietorship
Share capital of _______________ euros
Registered with the RCS of L'Haÿ-les-roses, under number 907 600 308
address: 2 rue des blondeaux
e-mail: sch.design@hotmail.com
Customs duties or other local taxes, import duties or state taxes may be payable. They are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Services are provided at the current prices shown on the https://sebastienchaine.framer.website/ website, at the time the order is registered by the Service Provider.
Prices are expressed in Euros, exclusive of VAT.
Prices take into account any discounts granted by the Service Provider on the https://sebastienchaine.framer.website/ website.
These prices are firm and non-revisable during their period of validity, but the Service Provider reserves the right to modify prices at any time outside their period of validity.
Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and sent to the Customer upon delivery of the Services ordered.
Certain orders may be subject to a pre-accepted quotation. Quotations drawn up by the Service Provider are valid for 10 days after they have been drawn up.
ARTICLE 3 - Orders
It is the Customer's responsibility to select the Services he/she wishes to order on the https://sebastienchaine.framer.website/ website, in accordance with the following procedures:
The Customer contacts the Service Provider to assess the requirements of the project.
The Service Provider sends a quotation with a list of project deliverables and a price proposal. The Customer returns the signed quotation to validate the order.
The sale is considered valid only after full payment has been received. It is the Customer's responsibility to check the accuracy of the order, and to report any errors immediately.
Any order placed on the https://sebastienchaine.framer.website/ website constitutes the formation of a distance contract between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the website.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
- payment by credit card
- or payment by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed).
The price is payable according to the following conditions and schedule:
25% on project start-up
75% on delivery.
In the event of late payment and payment of sums due by the Customer after the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price shown on the said invoice, inclusive of tax, will be automatically due to the Service Provider, without any formality or prior formal notice.
Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may be entitled to take against the Customer in this respect.
In addition, the Service Provider reserves the right to suspend or cancel the provision of the Services ordered by the Customer in the event of non-compliance with the above payment conditions.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://sebastienchaine.framer.website/ website.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided as follows:
Website and web application design services.
The said Services will be provided within a maximum period of As specified in the quotation provided from the final validation of the Customer's order, under the conditions set out in these GTS at the address indicated by the Customer when placing the order on the https://sebastienchaine.framer.website/ website.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the Services ordered have not been supplied within 2 days of the indicative supply date, for any reason other than force majeure or the Customer's fault, the sale of the Services may be cancelled at the Customer's written request under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request by the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs relating thereto will be subject to specific additional invoicing at a later date.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in terms of quantity and quality.
The Customer shall have a period of 10 days from the provision of the Services in which to submit any complaints to the Service Provider by e-mail to the following address: sch.design@hotmail.com, together with all supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
The Service Provider will refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 - Right of withdrawal
In accordance with article L221-18 of the French Consumer Code "
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good."
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Service Provider at the postal or e-mail address given in ARTICLE 1 of these GCS.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be reimbursed.
The sums actually paid by the Customer will be reimbursed within 14 days of receipt by the Service Provider of notification of the Customer's withdrawal.
ARTICLE 7 - Liability of the Service Provider - Warranties
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or manufacturing fault in the Services ordered, under the following terms and conditions:
Legal warranty provisions
Article L217-4 of the French Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L217-5 of the French Consumer Code
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the French Consumer Code
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article L217-16 of the French Consumer Code.
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.
In order to assert his rights, the Customer must inform the Service Provider, in writing (e-mail or letter), of the existence of the defects or lack of conformity.
The Service Provider will refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 30 days of the Service Provider's discovery of the defect or fault. Reimbursement may be made by bank transfer or cheque.
The Service Provider's warranty is limited to the reimbursement of Services actually paid for by the Customer.
The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognized by French case law.
The Services provided through the Provider's _______________ website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.
ARTICLE 8 - Personal data
The Customer is hereby informed that the collection of his personal data is necessary for the sale of the Services and their performance and delivery, entrusted to the Service Provider. This personal data is collected solely for the performance of the service contract.
8.1 Collection of personal data
The personal data collected on the https://sebastienchaine.framer.website/ website is as follows:
Ordering Services:
When the Customer orders Services:
Full name, postal address, telephone number and e-mail address.
Payment
As part of the payment process for Services offered on the https://sebastienchaine.framer.website/ website, the website records financial data relating to the Customer's bank account or credit card.
8.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
8.3 Limitation of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
8.4 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
8.5 Security and confidentiality
The Service Provider implements organizational, technical, software and physical digital security measures 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 the transmission or storage of information on the Internet.
8.6 Enforcement of customer and user rights
In application of the regulations applicable to personal data, Customers and users of the https://sebastienchaine.framer.website/ website have the following rights:
- They may update or delete data concerning them as follows:
By e-mail to the following address: sch.design@hotmail.com.
- They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
- They may also request the portability of data held by the Service Provider to another service provider.
- Finally, they may object to the processing of their data by the Service Provider.
These rights, provided that they do not oppose the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must reply within a maximum of one month.
Any refusal to grant the Customer's request must be justified.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Service Provider. The Customer may withdraw this consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - Intellectual property
The content of the https://sebastienchaine.framer.website/ website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 - Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These GCS are drawn up in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 - Disputes
For any complaint, please contact the Customer Service Department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is
Créteil Commercial Court
Immeuble le Pascal, Bâtiment A Centre commercial Créteil soleil 94000 Créteil FR, 94000 Créteil, France
https://www.greffe-tc-creteil.fr/
E-mail: rcs@greffe-tc-creteil.fr.
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase or sale transactions concluded in application of these GTS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
Realized on https://www.legalplace.fr
APPENDIX I - Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://sebastienchaine.framer.website/, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
For the attention of Entreprise Individuelle, SCH Design
2 rue des blondeaux
I hereby give notice of withdrawal from the contract concerning the order for the service below:
- Ordered on (indicate date)
- Order number: ...........................................................
- Customer name: ...........................................................................
- Customer address: .......................................................................
Customer's signature (only if this form is sent on paper)