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General terms and conditions of sale

en

General terms and conditions of sale

General termsand conditions of sale

Preamble

These General Terms and Conditions of Sale (GTCS) define the terms of collaboration between Loïc Delanoë, sole proprietor, operating in web development and UI/UX web design, and his clients.

Loïc Delanoë offers the creation, redesign, maintenance, and deployment of custom websites and web applications, including graphic design, front-end and back-end development, integration, and post-delivery support.

The sole proprietor is identified as follows:

These general terms and conditions of sale are accessible at any time on the website https://loicdelanoe.com and apply to all professional clients and, where applicable, consumer clients, subject to mandatory provisions of the French Consumer Code. The applicable version of the GTCS is the one in effect at the time the quote or order is signed.

The client acknowledges having read these GTCS as well as the provisions regarding intellectual property, detailed in the corresponding clause. Any order or acceptance of a quote implies full and unconditional acceptance of these GTCS.

For consumer clients, acceptance of the GTCS is subject to the 14-day right of withdrawal in accordance with Articles L.221-18 et seq. of the French Consumer Code, exercisable in writing (email or letter).

In the event of a conflict between the accepted quote and these GTCS, the terms of the quote shall prevail, subject to mandatory legal provisions applicable to consumers.

The GTCS are governed by French law, and any dispute regarding their interpretation or the execution of services shall be submitted to the competent courts of the entrepreneur’s domicile, unless mandatory legal provisions applicable to consumer clients provide otherwise.

Scope of Services

The services offered by Loïc Delanoë cover the entire lifecycle of a website or web application, as defined in the quote accepted by the client.

Creation

For the creation of websites or web applications, services include:

  • UI/UX design and ergonomics.
  • Front-end and back-end development.
  • Responsive integration and multi-device compatibility.
  • Deployment on hosting services chosen by the client.

Redesign

For the redesign of existing websites, services may include:

  • Graphic and technical improvement of the site or application.
  • Performance optimization and technical SEO.
  • Addition or modification of features, according to the needs defined in the quote.

Optional Services

Optional services may be offered, such as:

  • Technical maintenance, updates, and bug fixes.
  • SEO and performance optimization.
  • Creation or improvement of a visual identity.
  • Interactive prototyping or extended development support.

Detailed Definition of Services

Services are defined in the quote and any other contractual document provided to the client. Any modification or addition of services during the project will be subject to a written amendment or a supplementary quote.

Client Obligations

To enable the completion of services within agreed timelines, the client agrees to provide:

  • Necessary content (texts, images, logos, videos, etc.).
  • Access to required tools, services, or servers.
  • Any information or validation requested within 5 to 7 business days.

In the absence of these elements, the service provider may:

  • Extend delivery deadlines proportionally to the delay observed.
  • Adjust the service price if the delay causes additional work or reorganization.

The service provider cannot be held responsible for delays or modifications caused by the client, and any additional request or modification outside the initial scope will be subject to a supplementary quote.

In the case of persistent non-provision of requested elements after multiple reminders, the service provider reserves the right to temporarily suspend the project until the necessary information is received.

Quotes and Validation

Issuance and Content of the Quote

Each project is subject to a detailed quote, specifying:

  • Services included and their deliverables.
  • Completion timelines.
  • Price and payment terms.

The quote constitutes a contractual offer and engages the service provider upon the client’s signature, subject to payment of the agreed deposit.

Quote Acceptance

Signing the quote, accompanied by the deposit payment, constitutes full acceptance of these GTCS.

Acceptance may be done in writing, by email, or electronically.

Quote Validity

The quote is valid for 30 days from its issuance date. After this period, it may be revised by the service provider.

Project Start

The project will only commence after:

  • Receipt of the agreed deposit.
  • Submission by the client of all elements necessary for completion (content, access, information).

Modifications After Acceptance

Any modification or addition of services after quote acceptance will be subject to a written amendment or supplementary quote.

Timelines and rates may be adjusted accordingly.

Pricing

Establishing Prices

Prices are determined based on:

  • The nature of the project (creation, redesign, optional services).
  • The complexity and scope of requested features.
  • Timelines and resources required for completion.

Prices indicated in the quote are fixed, unless explicitly stated otherwise.

Adjustments and Additional Services

Any service request not included in the initial quote will be subject to:

  • A supplementary quote or written amendment to the initial quote.
  • Adjustment of deadlines and, if applicable, rates.

Taxes and VAT

As a sole proprietor, prices are exclusive of VAT (VAT not applicable, Article 239 B of the French General Tax Code), unless otherwise stated.

Payment Terms

A deposit of 30% of the total quote amount is required upon signing the quote. The balance is due upon final delivery of the deliverables.

Payment can be made by bank transfer or any other method agreed with the service provider.

The payment term is a maximum of 30 days from the invoice date. In case of delay, legal penalties apply at the statutory rate, as well as a fixed recovery fee of €40.

The service provider reserves the right to demand immediate payment of any outstanding balance in case of non-payment by the due date.

Timelines and Delivery

Completion timelines are indicated in the quote and respected provided the client supplies all necessary elements on time. Any delay attributable to the client suspends the calculation of timelines, including the time needed for intermediate validations.

Deliverables are delivered via online deployment, secure transfer, or any other means agreed with the client.

Final delivery is conditional upon full payment of the balance stated in the quote.

Deadlines may be extended in cases of force majeure or events beyond the service provider’s control.

Revisions and Modifications

Two rounds of modifications are included after approval of mockups or intermediate deliverables.

A round of modifications corresponds to all requests submitted simultaneously for the same deliverable or mockup.

Additional modifications will be subject to a supplementary quote or package.

All requested modifications must be formalized in writing or in a client-approved table before execution.

The service provider undertakes to process modifications within a reasonable timeframe, generally 5 to 7 business days, and any major modifications may require adjustment of delivery timelines.

Hosting and Deployment

Hosting and associated services are the sole responsibility of the client, who is the official account holder.

The service provider may assist the client in selecting, configuring, and, if applicable, paying for these services (VPS, shared servers, email, etc.), but is not the provider and cannot be held responsible for their operation or potential interruptions.

Deployment of the website or application occurs only after the client has provided all necessary access.

The client retains full ownership and management of their hosting and associated services.

Access provided to the service provider is strictly confidential, used only for the project, and not retained after delivery.

The service provider cannot be held responsible for outages, data loss, or unavailability caused by third parties, nor for financial or commercial consequences arising therefrom.

Maintenance

Technical maintenance can be offered as a package or billed hourly, including updates, bug fixes, security, and optimizations included in the package.

The maintenance package covers a defined period in the quote or contract (e.g., monthly or annual) and specifies the frequency of included interventions.

Any maintenance request outside the package or after the defined period will be subject to a supplementary quote or hourly billing.

The service provider commits to addressing interventions according to their severity:

  • Critical interventions: within a maximum of 72 business hours.
  • Non-critical interventions: within 5 to 7 business days.

Excluded from the package are major modifications, addition of new features, migration to another hosting service, or complete redesign.

Intellectual Property

Source files, mockups, and code remain the exclusive property of Loïc Delanoë until full payment of the service.

After full payment, exploitation rights are granted to the client only for the use defined in the quote, including use, reproduction, and distribution within this scope. Any use outside this scope (resale, redistribution, substantial modification) requires written agreement and additional compensation.

The service provider retains moral rights and reserves the right to showcase the project in their portfolio.

Any substantial modification by the client must not compromise the integrity of the work without the service provider’s consent.

Liability

Loïc Delanoë is bound by a duty of best efforts in the execution of services. He commits to applying all necessary skills, diligence, and resources to carry out services in accordance with industry standards and the specifications defined in the accepted quote.

The service provider guarantees the technical quality of deliverables but cannot be held liable for:

  • Misuse or modification by the client;
  • Third-party interventions or hosting failures;
  • Direct or indirect damages, financial or commercial losses related to the use of deliverables.

The client is responsible for the content provided, including texts and images, and guarantees that all rights for their use are held.

The service provider’s liability cannot be engaged in cases of force majeure, as defined by French law and jurisprudence.

Confidentiality

The service provider agrees to maintain the confidentiality of information provided by the client in the execution of services, including technical, commercial, or financial data, during and after the contract term. Such information cannot be disclosed or used for purposes other than the execution of the service.

The client may authorize the presentation of the project in the provider’s portfolio or communications, with such authorization given in writing or by email.

Termination and Cancellation

The client may terminate the contract at any time, provided they notify their decision in writing (email or letter). The deposit paid is non-refundable, and a proportional fee for work already completed may be required. In this case, work performed will be billed at the hourly or daily rate specified in the quote, based on actual time spent on the project.

Loïc Delanoë may terminate the contract in cases of non-payment, serious client breaches, or force majeure. The deposit remains retained, and the provider reserves the right to bill completed work as stated above.

Termination suspends contractual obligations, and the client may not use any deliverables not paid for at the date of termination.

Applicable Law and Disputes

These GTCS are governed by French law.

In case of dispute, the parties agree to seek an amicable solution before any legal action.

Failing an amicable agreement, the competent court is the one at the provider’s domicile, located in Loir-et-Cher.

For consumer clients, legal provisions regarding territorial jurisdiction apply.