These General Conditions of Sale govern the relationship between Berenice Freuchet (hereinafter «the Provider»), and any individual or entity (hereinafter »the Customer(s)») using the services of Berenice Freuchet. The purpose of this document is to define the rights and obligations of both parties in the sale of services and products performed by the Provider for its Clients, in the context of its business activity. The term "Third Party" refers to any individual or legal entity not party to the contract.

The Provider Berenice Freuchet, also working under the name Béré, is a micro-enterprise registered under the SIRET number 91462296400015 offering graphic design services: graphic design, motion design, editorial design...

The Customer, individual or corporate, must maintain a valid email address and postal address. If the Customer is an individual, he acknowledges being of age in accordance with the laws of the country where he resides.

The present General Terms and Conditions of Sale (GTCS) apply to all services offered by Berenice Freuchet. The Customer calling upon the services of Berenice Freuchet acknowledges having read and accepted without reservation the following General Terms of Sale, as well as all the provisions contained in the first part of the Intellectual Property Code, which includes the provisions of the Act of March 11, 1957 on literary and artistic property. The signature of the estimate by the Customer, accompanied by the mention «Good for agreement» involves the full and whole adhesion, without exception nor reserves, to the present General Terms and Conditions of Sale.

The parties agree that their relationship shall be governed exclusively by the specific terms and conditions set forth in the estimates, order forms or commercial proposals, in these General Terms and Conditions of Sale and in the legislative and regulatory provisions applicable to the Service Provider‘s business, to the exclusion of any other clause or condition to the contrary. The Service Provider may change its GTC, its rates and packages, tax increase, at any time and without notice. The changes will not affect the services in progress.

The Provider may change its T&Cs, rates and packages and increase its fees at any time and without notice. The changes will not affect the services in progress.

The Customer commits himself to provide all the documents necessary for the good realization of the project (graphic charter; logo in exploitable formats; various useful resources for the service like images and sounds; textual contents...) within the agreed times. The Customer agrees that all information provided is accurate and sincere. The Customer agrees to notify the Service Provider of any changes in the information provided and shall be solely responsible for any errors resulting from erroneous information. The Service Provider shall not be liable for the loss of documents necessary for the performance of the service. The Client is obliged to send only copies or documents without replacement value. The Service Provider reserves the right to refuse any documents, texts or images that are contrary to the Service Provider‘s ethics and morality or that do not comply with current legislation.

The Customer undertakes to have the rights to the external graphic elements (images, videos, sounds...). The Customer is fully responsible for the choices made in terms of textual and iconographic content included in the service. Any text provided by the Customer must be proofread and corrected by himself. The Service Provider shall not make any changes or corrections. It is particularly prohibited to publish any form of content directly or indirectly associated with pornography; pirated programs; racist, defamatory and, in general, all forms of discrimination that may violate human rights; violence in any form; violation of intellectual property rights relating to the works contained or distributed in the service.

The Customer agrees to have taken cognizance of the warnings made by the Provider, concerning the laws of copyright and intellectual property, and the penalties incurred under their violation.

The Customer commits to warn the Provider of a possibility of competition with other providers for the project in question.

If the Customer‘s specifications do not allow the Provider to have the precise information and recommendations necessary to work and develop the graphic creations, then the Customer and the Provider agree that the choice of the graphic design is left to the free interpretation of the Provider.

The Provider agrees to provide an explicit estimate of the service. He commits to provide a retro-planning, accompanying the estimate, to define the different stages of the project as well as the number of round trips, modifications, etc.. He commits himself, from the reception of the signed estimate (with the mention «Good for agreement») and the reception of the deposit, to begin the service. He commits himself to use his own equipment (computer, camera, etc.) for the realization of the service. He also agrees to work on his own property and to use legally licensed software.

The Service Provider commits to produce and deliver all finished graphic elements in accordance with the agreed timeframe of the estimate. In no event shall the Provider be liable for any fault, negligence, omission or default of the Customer, or for any failure to follow the advice given by the Provider, including but not limited to, graphic orientation, development choices or referencing methods.

The Provider commits to keep strictly confidential all information and documents related to the Customer to which he could have had access during the service, during the whole duration of the service and even after the end of the project, for any reason whatsoever.

Both parties, the Provider and the Customer, commit to actively collaborate for the best success of the project and to respect the deadlines set by the schedule created by the Provider. The Customer shall provide the necessary information for the production as soon as possible and as agreed. The Provider commits to regularly inform the Customer about the progress of the project, especially through the validations submitted to the Customer.

The Customer commits to hand over the estimate signed, dated and accompanied by the mention «Good for agreement». He also commits to pay the sums due within the agreed time. The estimate and the present GTC signed by the Customer act as an order form. The estimate must be accompanied by the payment of a deposit of 30% of the total price of the services.

The services to be provided are those explicitly stated in the signed estimate and any other services not stated will not be included. They may be subject to an additional estimate.

Work will begin once all administrative documents, materials and resources useful for the creation of the project are available to the Provider.

The price quoted in the estimate is firm. The service is quoted in Euros and is exclusive of VAT. Prices are not subject to VAT, in accordance with article 293B of the French General Tax Code.

The Service Provider may revise the price of the service if the implementation of the project takes more than 6 months after the order (as evidenced by the signed estimate), if this delay is mainly caused by a lack of involvement or responsiveness of the Customer.

The conditions of the offer apply exclusively to the services specified in the estimate signed and validated by the Customer.

Payment will only be made by bank transfer (30% deposit upon signing the estimate and payment of the balance upon delivery of the final service). Any additional costs, particularly those due to exchange rates and any other taxes included will be charged to the Customer.

Corrections requested by the Customer are limited to 2 round trips of modifications per stage of the project, established at the time of the retro-planning, or decided at the time of the signature of the estimate. Corrections requested by the Customer must imperatively be sent by email, which could potentially be followed by a telephone, video or physical meeting, to clarify the requests. Any request for additional corrections, not provided for in the estimate, will be subject to a new estimate signed and validated by the Customer. They will be invoiced by the hour on the basis of 41€ excl. VAT/hour.

Disbursement fees are amounts advanced in the name of the Client for the purpose of the project and may include the purchase of modules, themes, photographs, graphic elements. These fees may be charged to the Client. The Service Provider will provide original invoices for purchases, made on behalf of the Customer, at the time of final delivery of the product.

The Provider may also charge the Customer for any travel required to complete the contract.

Any sum not paid within the above-mentioned deadlines, any delay in payment or any unpaid amount (in case of return by the bank of the payment vouchers for unpaid amount) from the Customer will lead to the immediate suspension of the services, while waiting for the regularization of the situation. This suspension shall not constitute a cause of liability for the Provider. The Customer shall not be entitled to claim compensation from the Provider for the suspension of services due to a payment incident.

Any delay in payment will give rise to a fixed indemnity for collection costs in the amount of 40€, to which may be added late payment penalties, calculated according to the legal rules in force. The interest rate of the late payment penalties, which cannot be less than 3 times the legal interest rate (fixed in the second half of 2022 at 0.77%) has been fixed by the Provider at 3%. The costs of prosecution and fees for the collection of unpaid invoices shall be borne by the Customer.

Refusal to pay for an additional service invoiced by the hour shall entitle the Provider to the termination and full payment of the initial sales contract, and to compensation equal to the damage suffered and/or the value of the additional service not paid.

In case of a breach of contract before its term by the Customer, the latter formally commits to regularize and pay the amounts relating to the current schedule, the work done or in progress, as well as the additional services performed such as consulting and project management services. The deposit already paid shall be retained by the Provider as compensation for the work undertaken and the time spent on the project, which will have resulted in a potential loss of business for the Provider.

If an order is cancelled after the fourteen-day withdrawal period and the project/timetable has not yet started, the Provider shall be entitled to a refund of the deposit. However, an indemnity equivalent to 20% of the total amount of the budget not yet invoiced will be due as compensation for the Provider, for the blocked time and the possible loss of activity. In accordance with the regulations of the Hamon Law, the online consumer has a withdrawal period of 14 days from the working day following the conclusion of the contract. To do this, he must send a registered letter with acknowledgement of receipt to the Provider. The reimbursement of the service will take place within a maximum of 14 days from the date of withdrawal. In case of non-reimbursement within the time limit, the Provider will be liable for the payment of late penalties.

The files and source data created and used by the Service Provider may not be claimed by the Customer without a financial contribution.

All copyrights remain the exclusive property of the Service Provider, except for the data provided by the Customer. Mock-ups, and more broadly, all original works, remain the property of the Service Provider, as do rejected projects.

Any complaint, of any kind, to be valid, must be sent by registered letter with acknowledgement of receipt within 7 days of receipt of the invoices. After this period, the works and their conditions of execution or payment are considered as definitively accepted.

According to the articles L121-1 to L121-9 of the French Intellectual Property Code, the moral right of a creation (including right of disclosure, right to the respect of the work and right to the withdrawal) is attached to its creator in a perpetual and imprescriptible way. In fact, only the economic rights will be transferred to the customer, to the exclusion of any other, and this within the possible limits also appearing there (limit of support, territory or duration). These rights may include in particular the right of reproduction, the right of representation, the right of modification, the right of exploitation.

In addition, according to article L122-4 of the same code, any representation or reproduction in whole or in part made without the consent of the author or his successors in title is illegal and punishable under the laws relating to the offence of counterfeiting. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by an art or an unspecified process.

The entirety of the production and related rights, subject of the order, remains the full and exclusive property of the Service Provider as long as the invoices issued are not paid in full by the Customer, up to the total amount of the order and any amendments concluded during the service.

The source codes remain the property of the Provider and may not be used for another website or sold by the Customer without the written permission of the Provider. Any study, report, written information, estimate, specifications, whether for a fee or free of charge, made by the Service Provider in order to provide services to the Customer, remains the exclusive property of the Service Provider. The Customer commits not to transmit them.

As a corollary, the Customer shall become the de facto owner of the production and the rights assigned to the Customer upon final and clearance payment of all invoices issued by the Service Provider in connection with the order.

Unless otherwise stated in the estimate, the production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Customer.

In the absence of such mention and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested.

The reproduction and republishing of the Provider‘s creations are subject to the collection of copyright according to the intellectual property law in force. The transfer of these rights concerns only the specifically planned use. Any subsequent or different use requires a new agreement.

Modifications or interpretations of a graphic design may not be made, under any circumstances, without the Provider‘s consent. The signature may not be removed without the Provider‘s consent.

An idea proposed by the Customer does not constitute a creation.

The reproduction and distribution rights are calculated according to the distribution of the creation. They can be transferred in a lump sum or partially. Each different adaptation of the original work is subject to a new transfer of copyright. For each new edition, the amount of the rights must be updated. The rights are assigned within the temporal and geographical scope of this contract and shall not exceed this limit.

In order to allow the Client to freely exploit the service provided within the framework of its activity, all the economic rights relating to the Provider's creation, under the project, will be entirely and exclusively transferred to the Client, for distribution on the media specifically addressed at the time of the order, upon effective payment of the entire fee due.

Unless explicitly stated otherwise by the Customer, the Provider reserves the right to include in the realization a commercial statement clearly indicating its contribution, such as the formula «Made by Béré», accompanied when the medium allows it by a hyperlink pointing to the commercial site of its activity (https://béré.fr).

Unless explicitly stated otherwise by the Customer, notified by mail with acknowledgment of receipt, the Provider reserves the right to mention its work for the client company as a reference in its business development, external communication and advertising. The Customer authorizes the Provider to use, for purely demonstrative purposes, the product of the realization (graphic creation, video, etc.). This authorization extends more particularly to the constituent elements of the realization, including without restriction the public presentation of the following contents: the textual contents, the iconographic contents.

The Provider declines any responsibility in case of a major technical problem which would prevent the realization of the contract (attacks, wars, natural disasters, any case of «force majeure» or cause of prolonged cut of Internet network independent of its will).

The parties cannot be considered as responsible or as having failed in their contractual obligations, when the failure to perform their respective obligations is due to «force majeure» ; the contract between the parties is suspended until the extinction of the causes having generated the force majeure. The party affected by the force majeure shall notify the other party within five working days of the date on which it becomes aware of the force majeure. The two parties will then agree on the conditions under which the execution of the contract will be continued.

In the event of inability to work due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Client being entitled to claim compensation. It is understood that the Service Provider shall notify the Customer within the first three working days of his incapacity.

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the event of a dispute, the Customer shall first contact the Provider to try to find an amicable solution. If no amicable solution is found, the dispute will be brought before the Commercial Court of Angers.