Effective from 27/12/2023

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• The "Freelancer" or "Author" herein referred to, operates as a freelance Graphic Designer/Illustrator.

• The "Client" wishes to engage the Services of the Freelancer.

 

 

 

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale (hereinafter "GCS") apply, without restriction, to any purchase of the following Services from the Freelancer:

• Design of visual identity elements (logo, graphic charter, etc.);

• Design of various visuals (illustrations, montages, etc.);

• Font creation;

• Document layout for print and web format (posters, packaging, website, etc.).

 

These Services are offered by the Freelancer to professional clients ("The Clients or the Client"). The main features of these Services are presented on the website www.agraffs.fr. The Client must review these and contact the Freelancer for consultation before placing an order. The service choice and purchase is the Client's sole responsibility.

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These GCS are accessible at all times on the website www.agraffs.fr and will prevail over any other document.

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The Client declares to have read and accepted these conditions before proceeding with the order (at the time of signing the contract and the estimate). Unless proven otherwise, the data recorded in the Freelancer’s computer system constitutes proof of all transactions concluded with the Client.

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The Freelancer's contact details are as follows:

Owner: Liam Moniez - AGRAFF'S, Sole Proprietorship
Share capital: 30 euros
SIREN number: 981 812 571
Address: 8 avenue André Vignau Anglade, 33560 Carbon-Blanc, FRANCE
Email: agraffiques@gmail.com
Phone: 07.83.14.36.69

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Any customs duties or other local taxes, import duties, or state taxes may be required. They will be the sole responsibility of the Client.

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ARTICLE 2 - PRICE

The Services are provided at the rates in effect listed on the website www.agraffs.fr at the time the order is registered by the Freelancer. Prices are expressed in Euros, excluding and including VAT. The rates take into account any discounts granted by the Freelancer on the website www.agraffs.fr. These rates are firm and non-revisable during their validity period, but the Freelancer reserves the right to change prices at any time outside the validity period.

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Prices do not include handling, shipping, transport, and delivery costs, which are billed in addition and calculated prior to the order's placement. The payment requested from the Client corresponds to the total purchase amount, including these fees. An invoice is issued by the Freelancer and provided to the Client upon delivery of the ordered Services.

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Certain orders may require the drafting of an estimate. Estimates prepared by the Freelancer are valid for 1 month after their issuance. The Client may send the Freelancer certain requests not included in the estimate. The Freelancer reserves itself the right to accept or refuse these requests. If these requests incur additional costs, the Freelancer will inform the Client of the increase and will await approval before executing any request.

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ARTICLE 3 - ORDERS

An initial email exchange between the Freelancer and the Client is mandatory to define the Client's needs.

It is then up to the Client to choose the Services they wish to order, according to the following procedures:

• The order is confirmed after the Client signs the estimate and the employment contract provided by the Freelancer, and upon receipt of a 30% deposit of the total service amount.

• The Freelancer then commits to confirming the order by sending the deposit invoice to the Client via email. The deposit implies a commitment and a purchase obligation on the part of the Client and an execution obligation on the part of the Freelancer.

 

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and immediately report any errors.

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Any order placed constitutes the formation of a contract concluded remotely between the Client and the Freelancer. The Freelancer reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.

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ARTICLE 4 - PAYMENT TERMS

The price is paid through secure payment, according to the following methods:

• Payment by bank transfer to the Seller's bank account (details provided to the Client when placing the order).

 

The price is payable according to the following conditions and schedule:

• A deposit of 30% of the total service amount is due upon ordering. Work begins upon receipt of the deposit.

• The remaining payment is due upon service delivery. Payment must be made within 30 days after the invoice is sent.

• If new client requests incur additional costs, these will be added to the invoice issued upon service delivery.

 

In case of late payment of the amounts due by the Client and non-respect of the deadline indicated on the invoice, a late payment penalty will be automatically and legally acquired by the Freelancer, without any formalities or prior notice. Late payment penalties are calculated at the applicable legal rate on the invoice's VAT-inclusive purchase price.

 

Late payment will result in the immediate payment of all sums due by the Client, without prejudice to any other action the Freelancer may be entitled to take against the Client. Furthermore, the Freelancer reserves the right, in case of non-compliance with the above payment terms, to suspend or cancel the provision of the Services ordered by the Client.

 

Payments made by the Client will only be considered final after the effective collection of the amounts due by the Freelancer. The Freelancer will not be obliged to provide the Services ordered by the Client if the Client does not pay the full price under the conditions indicated above.

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ARTICLE 5 - PROVISION OF SERVICES

The Services ordered by the Client will be provided as follows:

• Remote provision of Services (unless on-site visits are requested by the Client, at their expense), with milestones set at various stages to allow exchanges and Client feedback, and to guide the project.

• The initial estimates and contracts allow the Client to request up to 3 modifications included in the quoted price. Beyond this number, any modification will incur additional costs.

• At the end of the mission, the Client’s validation of the work can be done either via a validation email confirming their agreement or the Freelancer can provide the Client with a "ready for printing" (RPF) document. This proof document will serve as a summary of the graphic visual ordered by the Client. It must be validated and signed by the Client. Any disputes by the Client after validation will be null and may be refused by the Service Provider.

• Any graphic design work not included in the initial mission and estimate will result in a new contract and estimate. Claims are possible within one month as specified in the GCS.

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The Services will be provided within a maximum of 1 month from the final validation of the Client's order, under the conditions provided in these GCS at the address indicated by the Client when placing the order. The Freelancer commits to making every effort to provide the Services ordered by the Client, as part of an obligation of means and within the time limits specified above.

 

If the Services ordered have not been provided within 3 months after the indicative delivery date, for reasons other than force majeure or the Client’s fault, the Services's delivery may be canceled at the Client's written request under the conditions provided in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded no later than fourteen days following the date of contract termination, excluding any compensation or withholding.

In case of a specific request from the Client regarding the provision of the Services, duly accepted in writing by the Freelancer, the associated costs will be subject to an additional specific billing at a later date. In the absence of express reservations or claims made by the Client upon receipt of the Services, they will be deemed to comply with the order, in quantity and quality.

 

From the moment the Service is delivered, the Client will have 2 years to submit claims to the Freelancer, by email at agraffiques@gmail.com, with all relevant supporting documentation. The Freelancer provides a template as follows:

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"To AGRAFF'S,

Invoice Number: XXX
Client Name: XXX
Date of Claim: XXX
Subject of Claim: XXX
Client Signature: XXX"

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No claim will be validly accepted if the Client does not follow these formalities and deadlines. The Freelancer will refund or correct the Services found to be non-compliant as soon as possible and at their expense.

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ARTICLE 6 – COPYRIGHT TRANSFER

A copyright transfer is estimated by the Freelancer to the Client for all graphic works that qualify as original creations. This transfer of economic rights is granted by the Freelancer to the Client exclusively, according to the terms defined in the employment contract. Depending on the transfer, the rights that may be transferred are as follows:

• Reproduction rights;

• Representation rights;

• Resale rights.

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All these rights are transferred for a specific duration, within a specific geographical area, and for specific media, as defined in the freelance contract, which the Client agrees to respect.

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The rights transferred to the Client are transferred on an entirely exclusive basis. Rights that are not explicitly transferred remain the sole property of the author, who retains full them without unrestrictedly. Consequently, the Client acquires the status of the Author's assignee for the exercise of the above-transferred rights, and will use them as they see fit.

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The Freelancer expressly declares to the Client that their production is original, does not contain anything that could fall under the laws related to defamation, violation of public morals, privacy, or copyright infringement. Any graphic creation that reproduces, even partially, existing works not in the public domain must have the necessary permissions obtained by the author. Any creation depicting recognizable individuals must be subject to prior authorization from the concerned person or the competent authority to the Freelancer. If applicable, the Freelancer will assume civil liability and may be required to pay damages for the harm suffered.

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The Client shall have the right to transfer, in whole or in part, the rights and obligations arising from this contract, provided that the Author is informed, and that any assignees fully comply with these obligations, for which the Client remains responsible to the Author.

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Any dispute arising from the execution or interpretation of this contract, which cannot be resolved by mutual agreement between the parties, will be submitted to the competent courts.

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ARTICLE 7 – RIGHT OF WITHDRAWAL AND TERMINATION

The right of withdrawal or any other clear declaration expressing the will to withdraw may be exercised by sending a letter to the Freelancer at the postal or email address indicated in ARTICLE 1 of these General Terms and Conditions. This withdrawal is only possible before payment of the deposit and the work's beginning. The Freelancer provides Clients with a template that can be used when requesting a withdrawal:

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"To the attention of Agraff’s,

I hereby notify the withdrawal from the contract concerning the order of the service below:

Order No.: XXX

Order date: XXX

Reason for withdrawal: XXX

Client's name: XXX

Client's signature: XXX"

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Any termination made after the contract has started, not resulting from a mutual agreement between the Client and the Freelancer, will be at the expense of the party initiating the termination. In the event of termination by the Client, the Client acknowledges that the Freelancer is not obligated to refund the deposit. The Freelancer commits to delivering the service for which it has been paid, or else, in the event of termination, may be required to pay the Client an amount equal to twice the deposit.

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ARTICLE 8 – FREELANCER's LIABILITY

The Freelancer guarantees the Client, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defect resulting from a design flaw of the ordered Services, under the following conditions:

• Article L217-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. They are also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been their responsibility under the contract or carried out under their responsibility."

• Article L217-5 of the Consumer Code: "The goods conform to the contract: 1° If they are suitable for the use usually expected of similar goods and, where applicable: - if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - if they present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if they present the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by them."

• Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred two years from the delivery of the goods."

• Article L217-16 of the Consumer Code: "When the buyer requests from the seller, during the course of the commercial guarantee that was granted to them at the time of the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the availability of the property for repair, if later than the intervention request."

 

To assert their rights, the Client must inform the Freelancer, in writing (email or letter), of the existence of the defects or lack of conformity.

 

The Freelancer will refund or correct or have corrected (to the possible extent ) the Services found to be defective as soon as possible and no later than 30 days following the Freelancer's discovery of the defect or vice. This refund may be made by bank transfer or check.

 

The Freelancer's guarantee is limited to the reimbursement of the Services actually paid for by the Client. The Freelancer cannot be held responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as commonly recognized by French jurisprudence.

 

The Services provided through the Freelancer’s website comply with French regulations. The Freelancer's responsibility cannot be engaged in the event of non-compliance with the laws of the country where the Services are provided. It is the Client's responsibility to verify the Services's compliance, as they are solely responsible for choosing the requested Services.

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ARTICLE 9 – PERSONAL DATA

The Client is informed that the collection of their personal data is necessary for the sales of Services, their execution and delivery. This personal data, entrusted to the Freelancer, is collected solely for the execution of the service contract.

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9.1 Collection of Personal Data

The personal data collected by the Freelancer for the Client's order includes: names, first names, postal address, phone number, and email address.

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9.2 Recipients of Personal Data

Personal data is reserved for the sole use of the Freelancer and its employees. The data controller is the Freelancer, under the Data Protection Act and of the Regulation 2016/679 on the protection of personal data affective since May 25, 2018.

 

9.3 Limitation of Processing

Unless the Client gives express consent, their personal data is not used for advertising or marketing purposes.

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9.4 Data Retention Period

The Freelancer will retain the collected data for 5 years, covering the time of the applicable contractual civil liability prescription.

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9.5 Security and Confidentiality

The Freelancer implements organizational, technical, software, and physical measures in terms of digital security to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Freelancer cannot guarantee the security of the transmission or storage of information on the Internet.

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9.6 Implementation of Client and User Rights

In accordance with the applicable regulations on personal data, Clients have the right to delete their personal data at the end of the contract. To delete their personal data, Clients can file a complaint by email at agraffiques@gmail.com, using the following template:

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"​To the attention of AGRAFF’S,

Quotation/Invoice No.: XXX

Client's name: XXX

Date of complaint: XXX

Subject of the complaint: XXX

Client's signature: XXX"

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• Clients can exercise their right of access to know their personal data them by writing by mail or email to the addresses indicated in Article 1.

• If the personal data held by the Freelancer is inaccurate, Clients can request the update of the information.

• They can request the deletion of their personal data, in accordance with applicable data protection laws.

• They can also request the portability of the data held by the Freelancer to another compagny.

• Finally, they can object to their data's processing by the Freelancer.

 

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 addresses indicated in Article 1. The Freelancer must respond within a maximum of one month. In the event of refusal to comply with the Client's request, this must be justified. The Client is informed that, in the event of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer to a judicial authority.

 

The Client may be invited to receive informational and promotional emails from the Freelancer. They will always have the option to withdraw their consent at any time by contacting the Freelancer (contact details above) or by following the unsubscribe link.

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ARTICLE 10 – INTELLECTUAL PROPERTY

The content of the website www.agraffs.fr is the property of the Seller 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 act of counterfeiting.

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ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale (GCS) and the resulting operations are governed by and subject to French law. These GCS are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.

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ARTICLE 12 – DISPUTES

For any complaints, please contact the customer service department at the Freelancer's postal or email address indicated in ARTICLE 1 of these GCS. The Client is informed that they may, in any event, seek conventional mediation through existing sectoral mediation bodies. In the event of a dispute, they may seek alternative dispute resolution methods (e.g., conciliation). The Client is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.

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All disputes arising from purchase and sale operations concluded under these GCS, which have not been resolved amicably with the seller or through mediation, will be subject, under common law conditions, to the competent courts.