Address
11 Robine Est
33710 MOMBRIER
FRANCE
Contact
contact@chocolat-noir.net
Mobile: 06 18 00 34 76
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Terms and conditions of sale

ARTICLE 1 - SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE :

 

These general terms and conditions of sale apply ipso jure between :

  • Mr Claude-Philippe CAZEMAJOUR, a sole trader known under the trade name "CHOCOLAT NOIR", whose business address is 11 Robine Est - 33710 MOMBRIER and who is registered in the SIRENE register under number 450 998 836 (hereinafter referred to as the "Company"). Service provider"); and
  • The Service Provider's customers, i.e. any natural person or legal entity acting in the course of and for the needs of its business carried on as a regular profession and having duly and validly accepted an offer to contract from the Service Provider (hereinafter the "Customer"), are the Service Provider's customers. Customer"or the Customers ") ;

 

And to all orders placed directly with the Service Provider and all services presented on the CHOCOLAT NOIR website (accessible at the following address: https://agence-publicite-communication.com/, hereinafter the "Service Provider"). Website ").

 

The Service Provider offers :

  • Creation of websites, online shops or web showcases ;
  • Digital growth, i.e. communications consultancy on social networks, theemailingonline advertising management and search engine optimisation;
  • Graphic design on digital media (Powerpoint, email signatures, etc.) ;
  • Design, optimisation and use of generative and textual artificial intelligences, as well as of prompt engineering;
  • Graphic conception and design of logos, graphic charters, brands (branding)products and packaging (packaging and facing) ;
  • Advertising printing (catalogues, brochures, leaflets, etc.), flyerstriplets...), marketing Direct printing (posters, press, point-of-sale advertising, etc.) and printing of sales literature (business cards, correspondence, greetings cards, letterheads, folders, etc.);
  • Design of signage for local authorities and businesses;
  • Illustration, photography and video production for advertising purposes.

 

Prior to the date of acceptance by the Customer of the offer to enter into a contract issued by the Service Provider, these General Terms and Conditions of Sale were made available to the Customer, in accordance with the provisions of Article L. 441-1 of the French Commercial Code.

 

All orders placed and all services provided directly with the Service Provider imply the Customer's unreserved acceptance of these General Terms and Conditions of Sale, which prevail over all other terms and conditions, with the exception of those expressly accepted by the Service Provider.

 

The Service Provider reserves the right to adapt or modify these general terms and conditions of sale at any time.

 

In this case, only the general terms and conditions of sale in force at the time of validation of an order or conclusion of a service will apply.

 

The Service Provider advises Customers to save and/or print out these General Terms and Conditions of Sale for safekeeping and to be able to invoke them at any time during the performance of the contract if necessary.

 

 

ARTICLE 2 - OFFER TO CONTRACT :

 

Customers declare that they have read and accepted these general terms and conditions of sale before placing any order for services.

 

Orders are placed directly with the Service Provider.

 

No orders may be placed on the Website, which is only intended to present the offers and services provided by the Service Provider.

 

In order to be valid, any offer to enter into a contract must be drawn up by the Service Provider on its quotations for services, which are valid for THREE (3) months from the date on which they are drawn up.

 

The Customer's acceptance is evidenced by the date of acceptance and the handwritten words "..." being affixed to the quotation for services. I hereby accept without reservation these terms and conditions of sale, a copy of which I acknowledge having received and read. "and its signature.

 

Contractual information is presented in French.

 

In the absence of proof to the contrary, the data recorded by the Service Provider (directly or via the Website) constitutes proof of all transactions between the Service Provider and its Customer.

 

Contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest when the services are provided.

 

An invoice will be sent to the Customer when the deposit is requested and when the agreed service is provided.

 

The information provided by the Customer when placing the order (in particular the name or company name and the address where the service will be provided) is binding.

 

The Service Provider may not be held liable in the event that an error in placing the order prevents or delays the provision of services.

 

The Service Provider reserves the right to refuse any order from Customers with whom there is or has been a dispute over payment of a previous order.

 

ARTICLE 3 - PRICES :

3.1 General information :

 

All prices for services offered by the Service Provider and, where applicable, via the Website, are expressed in euros, exclusive of tax.

 

The Service Provider reserves the right to change its prices at any time, but undertakes to apply the prices in force when the order for services is confirmed.

3.2 Discounts :

 

No discount will be granted for early payment.

3.3. Discounts and rebates :

 

Any discounts and rebates granted by the Service Provider to its Customers will appear, as special conditions, on the relevant quotations and invoices.

3.4. Terms of payment :

 

Once an offer to enter into a contract has been validly issued by the Service Provider and validly accepted by the Customer, as stated in Article 2 above, the Service Provider will send the Customer a deposit invoice corresponding to THIRTY PER CENT (30.00%) of the amount shown on the document(s) constituting the offer to enter into a contract.

 

The Service Provider is entitled not to commence performance of the agreed services until it has received full and effective payment of this deposit.

 

The Service Provider then draws up its invoice(s), in one or more instalments, and sends them to the Customer as and when the agreed services are performed.

 

In any event, when they have been completed in full, the Service Provider draws up a summary invoice to settle all accounts, which it also sends to the Customer.

 

Unless other terms are expressly provided for in special conditions, the price is payable in cash within thirty (30) days of the date of any invoice sent to the Customer by the Service Provider.

 

Under no circumstances may payments due to the Service Provider be suspended or be subject to any reduction or compensation without the Service Provider's written agreement.

 

In the event of non-payment on the due date, penalties equal to the semi-annual reference rate (Refi rate) of the European Central Bank (ECB), in force on 1 January 2010, will be applied.er January or 1er July of the current year, depending on the date of the order, plus TEN (10.00) points. These penalties are calculated on the amount, including all taxes, of the sum still due to the Service Provider. They will be applied from the day following the payment date shown on the invoice or, failing this, on 31 July.th day following the date of receipt of the goods or completion of the service.

 

Late payment penalties are payable without the need for a reminder.

 

Pursuant to Article D. 441-5 of the French Commercial Code, in the event of late payment, the debtor shall automatically owe its creditor, in addition to the late payment penalties already provided for by law, a fixed indemnity for collection costs of FORTY (40.00) euros.

 

Any payment made to the Service Provider shall be deducted from the sums due, regardless of the cause, starting with those due the earliest.

 

If the price is not paid on the due date, the Service Provider may automatically terminate the contract entered into with the Customer, FIFTEEN (15) days after a formal notice has remained without effect, without prejudice to any damages that may be claimed by the Service Provider.

 

Finally, the Customer acknowledges and accepts that the only means of payment accepted by the Service Provider are the following: payment and credit cards, bearer cheques and bank cheques, cash (within the limits authorised by law) and bank transfers.

ARTICLE 4 - AVAILABILITY :

 

Service and price offers are valid for as long as they are visible on the Website.

 

In the event of impossibility or delay in carrying out the services ordered, the Customer will be informed of the timeframe within which they can be carried out.

 

If the Customer does not wish to wait, or if it is definitively impossible, the Customer will be reimbursed the full amount paid.

 

ARTICLE 5 - PERFORMANCE :

 

The Customer's access to the services offered by the Service Provider is personal and non-transferable, except with the express prior written agreement of the Service Provider, who therefore reserves the right to refuse access to the services ordered to any person other than the Customer who placed the order.

 

The services ordered by the Customer are performed in accordance with the schedule and frequency agreed between the Customer and the Service Provider.

 

Any breach by the Customer or the Service Provider shall entitle the other party to apply the penalties provided for in Articles 1217 to 1231-7 of the French Civil Code.

 

 

ARTICLE 6 - ABSENCE OF GUARANTEES :

 

The Customer's attention is drawn to the fact that no legal guarantee is attached to the services provided by the Service Provider.

 

Furthermore, the Service Provider is only bound to the Customer by an obligation of means consisting in the performance of the services ordered and not by an obligation of result, which the Customer expressly accepts and acknowledges.

 

In this respect, the Customer also accepts and expressly acknowledges that :

 

  • All content and services provided by the Service Provider in any form whatsoever (articles, concepts, advice, ideas, strategies, etc.) do not include any guarantee or promise of any kind whatsoever to achieve the objectives set by the Customer to which the Service Provider is not bound (including any actual or assumed benefits, gains, performance, results or success hoped for as a result of these objectives); and

 

  • The Service Provider and its affiliates, associates, officers, partners, servants, contractors and employees do not warrant or represent to the Customer in any way that the Customer will achieve any objective set by the Customer to which the Service Provider and the foregoing persons are not bound (including any actual or purported benefits, gains, performance, results or success expected as a result of such objective); and

 

  • The Customer shall not cause the Service Provider any concern or seek the Service Provider's liability in the event that the Customer does not achieve the objectives set by the Customer and to which the Service Provider is not bound (including any actual or assumed benefits, gains, performance, results or success expected as a result of such objectives).

 

 

ARTICLE 7 - INTELLECTUAL PROPERTY :

 

All texts, comments, works, illustrations, images and photographs, trademarks and databases reproduced and integrated on the Website are protected under intellectual property and copyright law.

 

As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorised. Any total or partial reproduction of the site is strictly prohibited.

 

 

ARTICLE 8 - PROTECTION OF PERSONAL DATA :

 

The personal information provided by Customers is recorded in a computer file kept by the Service Provider.

 

The Service Provider only processes or uses this data to the extent necessary to contact Customers and process their requests.

 

Personal information will be retained for as long as is necessary for the performance of the Service Provider's services, unless :

  • Customers may exercise their right to have their personal data deleted under the conditions described below;
  • A longer retention period is authorised or imposed by virtue of a legal or regulatory provision.

During this period, the Service Provider will take all necessary steps to ensure the confidentiality and security of personal data, so as to prevent damage, deletion or access by unauthorised third parties.

 

Access to personal data is strictly limited to the Service Provider's staff and, where applicable, to its subcontractors, who are subject to an obligation of confidentiality and may only use the data in accordance with the Service Provider's contractual provisions and applicable legislation.

 

Apart from the cases set out above, the Service Provider undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of Customers, unless it is obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).

 

In accordance with the French Data Protection Act of 6 January 1978 and European Regulation N°2016/679/EU of 27 April 2016 (applicable from 25 May 2018), Customers have the right to access, rectify, port and delete their data or to limit the processing thereof. They may also, on legitimate grounds, object to the processing of data concerning them.

 

Customers may exercise these rights, subject to production of valid proof of identity, by contacting the Service Provider at the following address:

  • Email address : contact@chocolat-noir.net;
  • Postal address: Claude-Philippe CAZEMAJOUR, CHOCOLAT NOIR, 11 Robine Est - 33710 MOMBRIER.

For further information or to make a complaint, Customers may contact the Commission Nationale de l'Informatique et des Libertés (more information at www.cnil.fr).

Lastly, Customers are informed of the existence of the "Bloctel" telephone anti-solicitation list, on which they can register (https://www.bloctel.gouv.fr/).

 

ARTICLE 9 - APPLICABLE LAW AND JURISDICTION :

These general terms and conditions of sale shall be governed by French law. Any dispute arising from the formation, interpretation or performance of these terms and conditions shall fall within the exclusive jurisdiction of the Commercial Court of BORDEAUX, notwithstanding multiple defendants or the introduction of third parties.

Claude CAZEMAJOUR

Founder and inveterate gourmet

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