General terms of sale
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General terms of sale

The originals and applicables conditions of sales are written in French and have been translated into English for information purposes. My english is not perfect and this document may have some grammatical issues. I apologize for that!

However, the French text alone shall be the authoritative version. This version is available here.

Legal mentions

Name: ROUZIC

Surname: Anaïs

Address : Rue du Bourg, 12 390 Anglars Saint Félix – Aveyron

Phone: 06 48 72 94 96 

Mail: anais@calligraphic.fr

SIRET : 89443976900015

APE : 9003A

1 – Parts of the contract

The sale of products (hereinafter the “creation”) by Anaïs Rouzic under the name “Calligraphic” (the “seller”), to someone (the “customer”) is governed by these conditions. These conditions of sale are deemed to have been accepted unconditionally by the buyer. Any departure from these conditions shall be subject to the prior written consent of the seller.

2 – Generalities

These general terms of sale define the rights and obligations of the different parties when a command is made by a customer towards Anaïs Rouzic. 

The customer ordering from Anaïs Rouzic recognized he did read these general terms of sales. Any order or signed document is a proof of unreservedly acceptance. 

The service includes everything that is written in the offer. The other way, the service doesn’t include what is not. 

Anaïs Rouzic keeps the right to update these general terms of sale, her prices and her calculation method at any moment. These eventual modifications wouldn’t affect the ongoing orders. 

3 – Customer responsibility

The customer agrees to give correct and sincere information and to notify Anaïs Rouzic of any changes about this information. The customer will be the only responsible person if something went wrong due to wrong or incorrect information. 

The customer has to give valid information related to himself, as a valid postal address and email address.

4 – Commitment of the parties

The customer and Anaïs Rouzic engage themselves to collaborate actively to insure the proper execution of the contract. Both of them will communicate everything they know or think about the project. They both know they can make good decisions only by collaboration. 

 

A/ THE CUSTOMER

The customer agrees to:

  • Establish a complete and precise list of tasks required to be done by Anaïs Rouzic. Any modification to this list doesn’t bind the parties unless it has been approved. 
  • Submit back the offer document dated and signed 
  • Give Anaïs Rouzic all the necessary elements as documents, graphics, texts, and all the required legal information. The customer is entirely responsible for the given information.
  • Hold the intellectual property rights on all the elements listed above. The research for anteriority of names and creations is the responsibility of the customer and remains his responsibility.
  • Actively collaborate to the success of the project by giving, within the shortest delay, all the information and documents needed to execute the contract. 
  • Comply with the technical and creative recommendations made by Anaïs Rouzic. If the customer doesn’t comply with these recommendations, in any case Anaïs Rouzic’s responsibility can be engaged. 
  • Pay the bill in time

 

B/ THE SELLER

 

If needed, Anaïs Rouzic can work in collaboration with the customer to define the list of tasks. 

  • Anaïs Rouzic undertakes to inform the customer on a regular basis about the progress of the project and this, in particular, through validations requests submitted to the customer. 
  • Anaïs Rouzic undertakes to keep strictly confidential all information and documents of any king related to the Customer, to which she could have had access within the mission. 

5 – Added tasks

If the customer forgot, missed or made a mistake that affects the project (adding tasks, modifying tasks, takes longer…), these errors have to be paid and will be added to the first amount given (the offer). 

The work already done by Anaïs Rouzic has to be paid in any cases, immediately. 

If Anaïs Rouzic agreed, some work can be done during the weekend, national days off or at night (20 – 9), or can be done prior to all the other ongoing projects. In that case, if an agreement is concluded, the working hours are paid an extra 50% of the regular price per hour.

6 – Order form and working plan

The offer signed by the customer means he accepted the General terms of sales.

The offers expire two months after the date mentioned on it. They can be modified if the list of tasks is updated. 

If the offer has an amount above €300,- , an advance on the payment has to be made equal to 30% of the total amount. 

The project is started when the offer is signed and the first payment is received (if applicable), and when the customer has provided all the elements needed to start. 

7 – Disclaimer

Anaïs Rouzic is not responsible for any difference between the screen result and the real life result. Anaïs Rouzic can’t guarantee the color restitution, because there is always a difference between screen and physical supports. Therefore, the colors are not contractual.

8 – Price and payment

Price calculation

 

I determine the price as following: 

  • Price per hour 55 euros weekdays
  • Price per hour 55 euros plus 50% saturday, sunday, night (20 – 9), or if the customer asks a priority advantage.
  • Anaïs Rouzic will not reduce the price if payment is made before the work is done
  • Anaïs Rouzic will not offer any discount on behalf of quantity or quality

 

Payment deadline

Except if Anaïs Rouzic decided to offer a longer deadline, the amount is due maximum 2 weeks after the edition date of the invoice. The payment has to be made by transfer on the account mentionned on the invoice’s bottom.

 

Delay in payment

In case of non payment, total or partial, the customer has to pay a penalty. The amount is known with the following calculation: European central bank interest rate + 10%. The interest rate taken is the one applicable the day the project has been delivered. 

This penalty is calculated on the total unpaid amount, and starts without any formal notice required. 

To this penalty is automatically added a compensation of 40 euros. 

9 – Advance payment and order cancelled

If the customer decides to cancel his order before the end of a project, he is engaged to pay the amounts related to the tasks already done, or ongoing, and globally everything that has been already done by Anaïs Rouzic. The property rights stay into Anaïs Rouzic hand. All the work already shared with the customer will remain the property of Anaïs Rouzic.

10 – La force majeure

None of the parties can be responsible if the contract can’t take place because of a “force majeure”. If it happens, the execution is reported until the “force majeure” ends. 

11 – Litigation

The contract signed by Anaïs Rouzic (“Calligraphic”) and the customer fall under french law and juridictions. All disputes or disagreements not resolved amicably by the parties shall, even in the event of an action to enforce a warranty or a multiplicity of defendants, be referred to the Rodez Commercial Court.

12 – Property rights

Before the complete amount of payment has been made, the work and the property rights attached to it are Anaïs Rouzic property. These rights are transferred to the customer once the bill has been paid. A contract is delivered at the payment related to this transfer.

Except if clearly mentioned on the offer, only the final product remains the property of the customer. The author is not obliged to make the source files available to the Client but only the result of his work in a form that can be used by professionals in the sector concerned. In the absence of such a mention and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested.

13 – Transfer of the property rights

As per french laws (CPI articles L. 121-1 à L. 121-9), the moral rights of a creation (respect of the creation and respect for the author’s name) stay attached to Anaïs Rouzic in a perpetual and imprescriptible way.

Therefore, the property rights that can be transferred are the inheritance rights only and they are precisely stated in the contract given at the final payment.

Any illegal use of the creation will constitute a counterfeit offense and will be sent to the Court (art. L. 122-4 du CPI). 

14 – Reproduction and dissemination rights

The cost of the reproduction and dissemination rights are calculated depending on the nature of the project. Any different use of the creation requires a new contract. For each new contract, the amount can be modified. The rights are given within a specific limit of country and time, and cannot exceed these limits. 

These rights are given at the payment. 

15 – Publicity rights

Anaïs Rouzic kept the right to mention publicly the creations she had made for the customer. The creations can be shown as a reference for commercial purposes, for communication, for publicity, and the customer cannot deny this right. 

The creation will be integrated to the portfolio attached to the website http://www.calligraphic.fr/, with the customer locality attached to it. The name of the customer can be mentioned. 

Last update: 14th of January 2022.