General
These General Terms and Conditions are concluded by Kevin Tresor. SIRET number: 811 297 944 00019 and on the other hand, by any natural or legal person wishing to purchase a graphic design from Kevin Tresor. These General Terms and Conditions of Sale are available at kevintresor.com (as per Article L.111-1 of the Consumer Code). The customer using the services of Kevin Tresor acknowledges having read the following general conditions of sale, as well as the warnings relating to the laws of intellectual property. Any order placed by a customer implies his final and irrevocable agreement on all the general conditions of sale presented below.
Purpose / General Clauses
The general conditions of sale described below detail the rights and obligations of Kevin Tresor and his client in connection with the sale of any graphic services. This does not exclude any other additional benefits in the field raised. Only the special conditions stated if applicable will prevail over contrary conditions. Kevin Tresor reserves the right to change its terms and conditions at any time. In this case, the applicable conditions will be those in force on the date of conclusion of the contract. Kevin Tresor reserves the right to refuse any services and any work manifestly contrary to morality, racist and/ or illegal or that do not serve in accordance with its graphic precepts. The services purchased are under the sole responsibility of the customer. Any event likely to cancel the services for which they were purchased cannot engage the responsibility of Kevin Tresor, nor give rise to any compensation, nor to cancel the sale.
Quote / Order
Kevin Tresor will prepare a free quote at the request of a prospect that will include the precise description of the services, their prices and the deadline for completion. The prices stipulated in the quote prevail over the prices indicated on the website or any other communication media of Kevin Tresor. Any quotation is valid for a period of one month after its issue. In case of total agreement with the terms of the quote and these general conditions of sale, the deposit requested will be proof of agreement to sign the quote once paid. Kevin Tresor undertakes to begin the work ordered on the scheduled date subject to receipt of the deposit, the customer contract and the signed quote and the completed and returned brief. Any purchase necessary for the realization of the order (purchase of police, photography, illustration...), as well as the various related costs (technical follow-up, travel expenses...) which will be added to the initial estimate during the service, will be discussed with the client who will directly pay the amount due to the relevant third party(s). The creative brief to be completed by customers to begin the service has no order value but aims to establish a guideline to follow when creating. Its processing does not generate any obligation for Kevin Tresor, nor any right or obligation for the customer, which will not be legally considered as a customer. The personal data transmitted by the customer, will be listed and then saved in the database of Kevin Tresor. The data is collected in order to maintain the communication established between the two parties. Technical, commercial or advertising information on the new services offered by Kevin Tresor may be sent by traditional and electronic means. In the case of a graphic design order, no right of withdrawal is possible as these are custom documents made according to the specifications formulated by the customer. In the event of a breach of contract during the service on the part of the client, the latter will be obliged to pay the full amount of the service entered in the quote. Kevin Tresor reserves the right to stop a service for any delay to the customer, without refund of the deposit paid.
Rates
The rates agreed with the customer are exclusive of tax. Kevin Tresor reserves the right to change its rates at any time. In the case of contracts renewable by tacit renewal, the new rates may be applied only on the first day of the following month. In case of refusal, the customer may request the termination of his contract by registered letter with acknowledgement of receipt within one month after receipt of the invoice. Otherwise, within 1 month, the new rates will be deemed accepted. An amount of 50% deposit is required to order. The rest of the amount due will be settled before receipt of the graphic file. For works whose execution duration is more than fifteen days, an intermediate invoicing may be requested in the middle of the contract defined by the deadline noted in the quote. Any incident or late payment is liable to late payment penalties calculated on the basis of three times the legal interest rate in force in France, with a minimum lump sum of 40 euros. If the payment is not made within the deadlines defined by these general conditions of sale, Kevin Tresor reserves the right to charge this penalty. In case of delay or default of payment, the work will not be sent before full payment of the quote plus late penalties. Kevin Tresor does not grant a discount even in the case of advance payment. Payment is made by bank transfer to Kevin Tresor.
Color Mode
The colours displayed on the customer's computer screen are not contractual and may differ from those displayed on printed documents (the same applies to printing on a personal inkjet or laser printer).
Design
A modification is worth a return written by the customer and executed by Kevin Tresor from a first original proposal of graphic design transmitted digitally. Depending on the different design packages, the number of modifications is limited by the number of working days due by Kevin Tresor indicated in the quote. Any changes exceeding this limit will be subject to additional billing.
Responsibility
The customer assumes full responsibility for the choices made in terms of textual and iconographic content included in the production delivered by Kevin Tresor, as well as for the exploitation that will be made of it, and in particular compliance with the regulations in force. The client also ensures that he owns the rights necessary to exploit all the textual and iconographic creative elements provided to Kevin Tresor as part of his mission, and guarantees Kevin Tresor against any third party claims relating to the violation of the rights of these elements. Although the achievements were created by Kevin Tresor who guarantees an effective work of creation, no prior research was carried out. In the event that an order gives rise to an action of infringement or an action of illegal use of textual or visual elements, it is formally stipulated that the client alone will bear the possible burden of civil or criminal convictions and all costs incurred in court on this occasion.
Intellectual Property and Copyright
An idea proposed by the client does not in itself constitute a creation. In accordance with the CPI (Articles L.121-1 to L.121-9) will only be assigned to the client for the work described the property rights (right of reproduction, representation and continuation) explicitly stated below, excluding moral rights. It is recalled that the moral right of a creation (including among other rights to respect the work and the right to respect the name) remains attached to its author perpetually and imprescriptible. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, unless prior written authorization of Kevin TRESOR.