GENERAL CONDITIONS OF SALE & OF USE

ARTICLE 1 - Scope

These General Conditions of Sale constitute, in accordance with Article L 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which Le Patio Design ("The Service Provider") provides professional customers ("The Customers or the Customer") who request it, via the Service Provider's website, by direct contact or via a paper medium, the following services:

advice and assistance on communication and advertising policy
creation of names, brands and advertising slogans;
creative works and/or works of .
graphic creations and designs
edition of advertising objects or information
audiovisual (commercials/minifilms/miniseries/motion design).
agent for accommodation/purchase of advertising space/reservation of domain names/natural referencing and advertising
creation/redesign of showcase/blog/e-commerce/platform/forum/wiki sites;
SEO/SEA Website SEO on WIX and Wordpress.
publication and animation of social networks;
blog animation and content creation;
creation of web and mobile applications and custom developments;
training services, the use of tools, software, services and the application of good Web practices.

However, this list is not exhaustive and may change at any time according to the commercial policy of the

Depending on the nature of the services, special conditions, specific notices and/or appendices proposed by the service provider may be added hereto in order to adapt them. In the absence of specific conditions, only the T&Cs will be applicable.

They apply, without restriction or reservation, to all Services provided by the Service Provider to customers of the same category, regardless of the clauses that may appear in the customer's documents, and in particular its general conditions of purchase.
In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Customer (excluding wholesalers) who requests them, to enable them to place an order with the Service Provider. They are also communicated to any Customer prior to the conclusion of a contract referred to in Article L 441-7 of the Commercial Code, within the legal deadlines.
Any order for Services implies, on the part of the Customer, the acceptance of these General Conditions of Sale and the general conditions of use of the Service Provider's website for electronic orders.
The information appearing in the Service Provider's catalogues, prospectuses and prices are given for information only and may be revised at any time.
The Service Provider is entitled to make any modifications it deems useful.

ARTICLE 2 - Orders

2-1 Sales of Services are only perfect after establishment of an estimate and express written acceptance of the Customer's order by the Service Provider, evidenced by an acknowledgment of receipt from the Service Provider.
The Service Provider has electronic means of ordering (including acceptance and confirmation) (site references) allowing Customers to order the Services in the best conditions of convenience and speed.
For orders placed exclusively by dematerialized means (exchange of emails), the registration of an order with the Service Provider is carried out when the Customer accepts these General Conditions of Sale by validating his order. This validation implies acceptance of all of these General Terms and Conditions of Sale and constitute proof of the sales contract.
The consideration of the order and its acceptance can also be confirmed by sending an email.
The data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.

2-2 Any changes to the order requested by the Customer will only be taken into account, within the limits of the Service Provider's possibilities, if they are notified in writing, at least 3 days before the scheduled date for the supply of the Services ordered, after signature by the Customer of a specific order form and possible adjustment of the price.

2-3 In the event of cancellation of the order by the Customer after its acceptance by the Service Provider less than 3 days at least before the date scheduled for the provision of the Services ordered, for any reason whatsoever except force majeure, the deposit paid with the order, as defined in the article “Terms of payment-Terms of payment” of these General Conditions of Sale will be automatically acquired by the Service Provider and cannot give rise to any reimbursement.

If no deposit has been paid with the order, the cancellation of the order by the Customer after its acceptance by the Service Provider less than 8 days at least before the date scheduled for the provision of the Services ordered, for any reason whatsoever apart from force majeure, a sum corresponding to 10% of the total price excluding VAT of the Services will be acquired by the Service Provider and invoiced to the Customer, as damages, in compensation for the damage thus suffered.

ARTICLE 3 - Rates

3-1 The services are provided at the prices of the company Le Patio Design in effect on the day the order is placed, according to the quote previously drawn up and accepted by the Customer, as indicated in the “Orders” article above.
Prices are net and exclusive of tax.
An invoice is drawn up by the Service Provider and given to the Client each time Services or Services are provided.
The conditions for determining the cost of services whose price cannot be known a priori or indicated with accuracy, as well as the method of calculating the price to verify the latter, will be communicated to the Customer or will be the subject of a detailed estimate. , at the Customer's request in accordance with the provisions of Article L 441-6, II of the French Commercial Code.

Are not included in the price as fixed in the quote all extraordinary costs incurred by Le Patio Design during the mission not initially planned and necessary for the successful completion of the project: miscellaneous elements that may be necessary for the performance of the services such as the cost of acquiring typographic fonts, photographs or illustrations from image banks, or travel from Mérignac-33700, purchases of specific software, etc. As well as the cost of any additional and/or unforeseen services requested by the client during the mission. These costs will be invoiced to the customer, in addition.

The Customer may benefit from price reductions, discounts and rebates, depending on the number and frequency of the Services ordered, or the regularity of his orders for Services, under the conditions and according to the methods set by the company Le Patio Design .

ARTICLE 4 - Terms of payment

A deposit corresponding to 30% of the total price of the Services or Services ordered is required when placing the order via Stripe and/or WIX Platform.

Any applicable transfer and exchange fees are the responsibility of the Customer.
The balance of the price is payable in cash, on the day of the provision of the said services, under the conditions defined in the article "Terms of provision of the Services" below.
The Service Provider will not be required to provide the Services ordered by the Customer if the latter does not pay the price under the conditions and according to the methods indicated in these General Conditions of Sale.

Depending on the type of services or services or the execution times requested, the company Le Patio Design may require that the price be payable in advance, in cash, in whole or in part on the day of the provision of the Services ordered, under the conditions defined in the article "Terms and Conditions for the Provision of Services" below, and as indicated on the invoice given to the Customer.

Late penalties :

Under Law No. 2008-776 of August 4, 2008, any late payment may automatically give rise to late payment penalties at the annual rate of 15%..In addition, a fixed compensation in the event of late payment of 40 euros will be applied (art. 121 law of 03/22/2012).

The two points defined above apply from the first day of delay noted, with regard to the terms of payment set out on this invoice and its receipt.

When the recovery costs exceed these 40 euros, additional compensation is automatically due, on proof, in reimbursement of the fees of a debt collection firm or bailiff.

Late payment will result in the immediate payment of all sums owed to the Service Provider by the Client, without prejudice to any other action that the Service Provider would be entitled to bring, in this respect, against the Client.
In the event of non-compliance with the payment conditions set out above, the Service Provider also reserves the right to suspend the provision of the Services or Services ordered by the Customer.

ARTICLE 5 - Terms of provision of Services

Depending on the type of mission, a final model of the project edited by Le Patio Design materializing the creative elements can be presented to the client, before its production, printing or distribution.

It must be validated by the client by any written means (letter, fax, e-mail, telephone exchange, etc.), more commonly called "ready to print" or "BAT" or simply "validation of the creative brief . In the event that the client refuses to approve the model or the project presented, Le Patio Design may accept the client's request or formulate a new proposal with a deadline and a price. In the absence of agreement at the end of three proposals, the parties will have to decide whether or not to continue their collaboration and the terms of payment for the Patio Design taking into account the work carried out.

For logo designs:

We send you 1 Creative Brief logo
3 logo track proposals
1 main logo
Possibilities of 3 series of outward and return modifications are included in the service. Beyond that, any series of additional modifications will be invoiced per hour at the rate of 50€.
The logo is provided in .jpg (300 DPI), .png transparent background (72DPI) and in Vector format, the final files are sent once the service has been fully paid for.
The graphic board in .jpg format containing all the important information of your visual identity (color palette/typographies/…)
Conditions of transfer of rights of use: exclusive rights of reproduction, representation transferred for any medium, for commercial use, in the world and this, for the legal duration of the exploitation. Any reproduction or exploitation of the said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the service provider will be invoiced at a non-fixed amount of €1500 per model.

For Site creations:

We send you 1 Site Creative Brief
Request access to your WIX account if existing
Site style proposal and discussion
Elements provided by you: Logo, Images, Texts, - Royalty-free
Possibilities of 3 series of outward and return modifications are included in the service. Beyond that, any series of additional modifications will be invoiced per hour at the rate of 50€.

SEO/SEA:

Request access to your site
Elements provided by you: Keywords, Addresses and Names
1 hour of training planned

Any request for author correction made to Patio Design by the customer engages the full responsibility of the latter. If during the mission, corrections desired by the client should lead to significant modifications and therefore result in a profound reworking of the initial project validated by the client, Le Patio Design reserves the right to invoice any service undertaken for this purpose. stage and to revise the estimate initially accepted by the client. In the same way, in this case where the client decides to modify, reject, cancel or interrupt a work in progress or recently completed, the remuneration initially agreed in the estimate accepted by the client will remain entirely due to Patio Design .

The Services or Services requested by the Customer will be provided within a maximum period determined by the company Le Patio Design from receipt of the corresponding estimate duly signed, accompanied by the required deposit.

This deadline does not constitute a strict deadline and the Service Provider cannot be held liable with regard to the Client. in the event of a delay in the provision of the Services not exceeding 8 days. In the event of a greater delay, the Customer may request the resolution of the sale. The installments already paid will then be returned to it by the Service Provider, unless the case of delay is related to the list of contingencies below.
Le Patio Design reserves the right to work with independent service providers and subcontractors and more generally to join any third party to carry out its mission while retaining management and responsibility for its execution.

The Service Provider cannot be held liable in the event of delay or suspension of the provision of the service attributable to the Client, to an external party (host, subcontractor, etc.) or in the event of force majeure. Thus, the company Le Patio Design cannot be held responsible for a deadline not respected due to any fortuitous event or force majeure within the meaning of article 1148 of the Civil Code, such as, in particular, any act emanating from a civil or military authority, de facto or de jure strike, fire, flood, water damage, storm and lightning, accident, riot, attack, or even the non-delivery by the customer of any document or information for the creation or the commissioning of the services, of any fact attributable to a third party and beyond the control of the service provider, or more generally any other circumstance having an external cause and preventing it, directly or through a third party, from meeting the said obligations . The occurrence of a case of force majeure has the effect of suspending the performance of the service provider's contractual obligations.

Similarly, in the event of a specific request from the Customer concerning the conditions for the provision of the Services, duly accepted in writing by the company Le Patio Design, the deadlines and costs related thereto will be the subject of additional specific invoicing, on an estimate previously accepted. by the customer.

Hosting and site management.

The hosting services offered are provided by a third-party partner provider. The accommodation offer is necessarily linked to one or more services of the company Le Patio Design. The transfer of DNS to the Patio Design partner's server is possible if one or more services are linked to it. In all cases, the customer will be able to read the administrative and technical information necessary to access his/her accommodation(s).

In the event of the failure of this partner, Le Patio Design undertakes to find and offer the customer all possible solutions to remedy it, but Le Patio Design disclaims all liability for the consequences of this failure, the causes of which would not be be directly attributable to the Patio Design company.

Under no circumstances, Le Patio Design cannot be held liable as a result of any action or recourse by third parties, in particular because of: information, images, sounds, texts, videos contrary to the laws and regulations in force, content and/or broadcast at the customer's site(s); defective products that the customer has sold through its site(s); the violation of intellectual property rights relating to the works disseminated, in whole or in part, on the client's site(s); the suspension and/or termination of accounts, in particular following non-payment of sums due for the conservation of domain names.

Le Patio Design cannot be liable for any taxation or other costs in relation to purchases made from the customer site. The customer agrees to take full responsibility for taxes and fees of all kinds associated with the products sold.

Due to the characteristics and limits of the Internet, Le Patio Design cannot be held liable for, in particular, difficulties in accessing the hosted site due to network saturation at certain times; virus contamination of customer data and/or software; malicious intrusions by third parties on the customer's site; the modifications made by the customer during or after the provision of services, the malfunction of the equipment or the lack of know-how of the customer, problems related to the telephone network or the Internet and/or in the event of force majeure; possible misappropriation of passwords, confidential codes, and more generally of any information of a sensitive nature for the customer.

The customer account is strictly personal, it is accessible by a login and a confidential password. The customer is responsible for the use of his login and password, any connection made using this login and password will be deemed to have been made by the customer. The Patio Design will in no way be responsible for the loss, theft or distribution of logins and passwords, domain names or other intrusions.

Le Patio Design offers to register domain names with the extensions .com, .net and .org, as well as .fr and other extensions available in France.

In order to allow all natural or legal persons to ensure ownership of the name(s) of their choice.

Le Patio Design undertakes to make every effort with the competent bodies to register the chosen domain name but does not subscribe to any obligation of result. Le Patio Design will put a standard page online under this domain name, not subject to personalization, displaying a mention including the domain name. Due to the delays that may separate the search from the registration of the domain name envisaged, the indication of the availability of this name does not constitute a guarantee of being able to actually proceed with its registration. The availability of a domain name and its registration cannot constitute a guarantee against any claim by third parties on all or part of this name.

Each registration request implies the prior and unreserved acceptance of the administrative and technical naming rules as well as the rules for resolving conflicts that may arise between the owner of the domain name and any third party claiming rights to all or part of this name. .

It is up to the customer to provide any supporting documents required for the registration in question, such as a Kbis or the identifier in the INSEE directory for a .fr level name or the INPI registration certificate for a .fr level name. tm.fr. Please note that the registration of a domain name does not in any way correspond to an INPI registration, and does not in any way protect the name of your company or your brand.

The prices in force are those mentioned on the quote signed and returned by the customer. Prices are exclusive of tax and are payable in euros upon receipt of the invoice.

The registration of the customer's domain name will only be taken into consideration upon receipt of the quote duly completed and signed by the customer, accompanied by the payment and the necessary supporting documents.

The registration of the domain name is effective only after the update of the databases of the organizations concerned (Afnic, Internic) and the propagation time of the DNS.

The customer is solely responsible for choosing the domain name for which he has requested and obtained registration. Under no circumstances can Le Patio Design be held liable in any capacity whatsoever for appeals, amicable settlements or litigation, which the customer may be subject to following the registration of one or more domain names.

The customer undertakes to guarantee Le Patio Design against any judgments that may be pronounced against it as a result of the registration of one or more domain names.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.
The Client shall have 48 hours from the provision of the Services to issue, in writing, such reservations or complaints, with all supporting documents relating thereto, to the Service Provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.

ARTICLE 6 - Liability of the Service Provider - Guarantee

The company Le Patio Design guarantees, in accordance with the legal provisions, the Customer, against any lack of conformity of the Services and any hidden defect, resulting from a defect in the design or supply of the said Services, excluding any negligence or fault of the Customer. .
The liability of the company Le Patio Design can only be engaged in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any nature whatsoever.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of the defects within a maximum period of 48 hours from the delivery of the services. .
The company Le Patio Design will rectify or cause to be rectified, at its exclusive expense, according to the appropriate methods and approved by the Customer, the Services deemed to be defective.
In any case, in the event that the liability of the company Le Patio Design is retained, the Service Provider's guarantee will be limited to the amount excluding VAT paid by the Customer for the provision of the Services.

ARTICLE 7 – Retention of title to services – Ownership of services

The service provider reserves full ownership of all services, services and goods sold and related objects or services until full payment of their price by the customer, up to the total amount of the order and the any amendments concluded during the service, as in connection with any invoice issued and referring to it (law of 12 May 1980).

Thus, and starting from the principle that if it is a matter of delivered goods, these presents define the possibility for the service provider and after formal notice served on the customer, and at his expense, to put a site or any application offline. already online, before full payment of the services and this as a precaution until full payment of the services due. This without the customer being able to claim any compensation of any kind whatsoever.

However, the following points are defined for clarification depending on the context of the service:

The company Le Patio Design remains the owner of all the intellectual property rights and in particular the copyrights, on the studies, drawings, models, prototypes, etc., carried out (even at the request of the Customer) for the supply of the services to the Customer. The Client is therefore prohibited from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, who may condition it on financial consideration.
the creation of a domain name by the service provider in the name of the customer means that the customer becomes the owner in his name of the domain name thus created with the supplier chosen by the service provider;
as part of the development of a “so-called institutional” showcase website or a “so-called merchant” e-commerce site, the transfer of property rights is transferred to the client in its entirety. This, with the exception of any tool, plug-in or royalty-free method used during the service, of which the service provider would not be entitled or able to assign any property rights as this applies and for these same elements to those whose service provider would be the owner before the performance of the service or developed during the service and of which it retains industrial property.
in the context of an application or software development, the service provider assigns the rights of use to the tool or to the functionalities developed and this for its internal use only.
Application development means any development service adding, modifying or deleting technical functionalities from the solution used by the customer on which the service provider intervenes as part of the service.
The transfer of broader property rights can be studied through an additional service and invoicing.
in the context of artistic, graphic or audiovisual creation, the service provider assigns the rights to use the creations made.

The transfer of use and/or ownership of source documents and files can be studied through an additional service and invoicing.

It is understood that the service provider reserves the right to make any derogation from this paragraph as a whole. This derogation will then be specified in the estimate before any order in the form of special conditions, specific mentions and/or appendices proposed by the service provider which will prevail over any contrary clauses and conditions that may appear herein. This derogation may, and for simple example, define that the service provider remains the owner of all the intellectual property rights on the studies, drawings, models, prototypes, etc., produced (even at the request of the customer) with a view to supplying the customer services. The client is therefore prohibited in this case from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the service provider, who may condition it on financial compensation.

ARTICLE 8 – Advertising and commercial notices

Unless there is a confidentiality agreement signed between the service provider and the client or the client explicitly states otherwise, notified to the service provider by mail with acknowledgment of receipt, the service provider reserves the right:

To keep the database and sources of all the work and achievements carried out on behalf of the client without limitation
to mention its services for the client company with its logo as one of its references in its commercial prospecting, external communication and any advertising;
to use, through its legal and commercial representatives, and for purely demonstrative purposes, the services provided. This authorization extends more particularly to the constituent elements of the production and including without restriction the public presentation of textual content and iconographic content.

Unless explicitly stated otherwise by the client, the service provider reserves the right to include in the creation of the website provided to the client a commercial mention including the name of the service provider which will indicate its contribution. The service provider nevertheless reserves the right to be able to ask the customer at any time, and by any means, to withdraw this mention without having to justify it.

ARTICLE 9 – Customer responsibility and content ownership

The client undertakes to collaborate with the service provider by providing it with all the useful and necessary information for the proper performance of the services as well as for the purpose of the service provider being able to meet the expected performance deadlines.
The customer alone acknowledges and assumes its full and entire responsibility for its choices relating to the textual and iconographic content to be integrated into the service provider's services and appearing in the service provider's production. He must be the holder of all the rights of exploitation of the works or intellectual property rights brought to the company Le Patio Design for their reproduction. The same goes for all the distinctive signs and graphic charter (drawings, brands, photographs, etc.) that could be affixed to any communication medium (posters, T-shirts, flyers, etc.) whose manufacture would be entrusted to Patio Design.
The client undertakes to comply with all the regulations applicable to the dissemination of information and services on the Internet and to use the service provider's services in pursuit of strictly legal purposes. This in such a way that the responsibility of the service provider cannot in any way be sought at any time, including after the delivery of the services.
More broadly, the customer acknowledges full and entire responsibility for his choices in all the content that he presents, provides or requests from the service provider for the performance of the services.
The customer also acknowledges having read the legal warnings concerning the laws of copyright, intellectual property, the legal notices to be published, and the penalties that may be incurred with regard to their violation.
The responsibility of the service provider can in no case be sought or engaged in the event that these contents do not prove to be free of rights or are infringing of the intellectual property rights of a third party. The client guarantees the service provider in this regard to bear any conviction, costs and fees charged or borne by the service provider to defend itself due to the default of the client or in the context of any proceedings against the service provider in connection with the service delivered to the client.

ARTICLE 10 – Nature of the service provider's obligations and liability - Guarantee and insurance - Liability and limits

For the performance of the planned services, the service provider undertakes to give its best care and in the best manner, in accordance with the rules of the art and good engineering practices, and according to the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions. The warranties granted under these GCS constitute the sole warranties payable by the service provider for the services and prevail over any other warranties.
The service provider undertakes to take out all the necessary guarantees to cover the responsibilities it incurs in the context of the performance of its services, for sufficient levels and this with a reputably solvent insurance company.
This obligation of the service provider is, and by express agreement, an obligation of means. The service provider cannot be held liable for damages that may result from errors or omissions in any document or information provided by the client, and this in particular if the service provider has previously issued the appropriate reservations.
Thus, the service provider's overall liability hereunder is limited to direct material damage caused to the customer that may result from faults that are duly proven and attributable to the service provider. Under no circumstances may the service provider be required to compensate consequential damages whether or not resulting from material damage such as, in particular, but without this being exhaustive, operating losses, production losses, loss of profit, loss of profits, loss of contract, loss of image, loss of opportunity, commercial damage, additional production costs, immobilization of personnel or equipment as well as any indirect damage.

ARTICLE 11 – Confidentiality

The company Le Patio Design undertakes never to disclose information of which it may have knowledge for the performance of its services. The originals of any document transmitted are returned to the customer on simple request.

The responsibility of the company Le Patio Design cannot be engaged due to interception at the customer level or misappropriation of information or during the transfer of any data, in particular by Internet. Consequently, it is up to the customer to inform the service provider, beforehand or when ordering, of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.
The customer agrees in return never to disclose the prices, documents, methods of realization, as well as any internal element to the service provider of which he may have become aware during the performance of the services.
Each of the parties to this contract undertakes in its own name and in that of its collaborators to consider as confidential, during the term of this contract and after its expiration, the documents, systems, software, know-how from the other part of which it may have become aware during the execution of this contract, and not to use them outside the requirements of this agreement.

ARTICLE 12: Computing and Freedom

The customer may exercise his individual right of access and rectification with the company Le Patio Design, in accordance with the provisions of law n ° 78-17 of January 6, 1978, for all the information communicated within the framework of the purchase order. order or agreement for training.

The client is responsible for any declaration to the Commission Nationale Informatique et Liberté (CNIL) relating to the use of its website, except for a service offer falling within this framework.

ARTICLE 13 - Disputes - Election of domicile

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the Commercial Court of Bordeaux will have sole jurisdiction for any dispute relating to the interpretation and execution of a contract and its consequences, except in the case of other exclusive jurisdiction.

For the execution of this contract, the parties respectively elect domicile:

Le Patio Design at the address of its head office appearing at the top of this document,
the customer, at the address indicated on the estimate or that modified by him when signing the estimate.

ARTICLE 14 - Customer Acceptance

These General Conditions of Sale are expressly approved and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to avail himself of any contradictory document and, in particular, his own general conditions of purchase. , which will be unenforceable against the company Le Patio Design, even if he was aware of it.