General Terms and Conditions of Sale

Sandra COLLIN – Art Director, Graphic Designer & UX/UI Designer

These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions” or “T&Cs”) apply to all service agreements (hereinafter the “Services”) entered into by Mrs. Sandra COLLIN, Art Director, independent Graphic Designer and UX/UI Designer, with her professional Clients, regardless of any clauses that may appear on the Client’s documents, including their general purchasing conditions.

In accordance with applicable regulations, these Terms and Conditions are systematically communicated to any professional Client who requests them, in order to allow them to place an order with the Provider.

1. General Provisions

The “Client” refers to any natural or legal person acting in a professional capacity on whose behalf the Provider performs the Services defined in the Contract.

The “Provider” refers to Mrs. Sandra COLLIN – author of graphic works acting as an independent graphic designer, located at
147 Chemin de la Calabro, 83160 LA VALETTE-DU-VAR – FRANCE,
SIRET No. 795 164 912 00011.
Email: sandra_collin@hotmail.com / Phone: +33 (0) 6 23 08 46 52 / Website: www.scollindesign.com

1.2 Nature of Clients

The Provider works exclusively with professional Clients, established in France or abroad.
These Terms and Conditions do not apply to consumers or to non-professionals located outside the French territory. Any request from a private individual residing abroad may be refused.

1.3 Clients Located Outside France

For any Client located outside French territory, the Services are deemed to be performed in France, at the Provider’s registered address.
Contractual relations are governed exclusively by French law, regardless of the Client’s country of residence or the country where the project is ultimately executed.
The Client acknowledges that all creations provided by the Provider are protected under the French Intellectual Property Code, and that any use beyond the scope of the granted usage rights is subject to French law.

2. Prices and Services

2.1 – Quotation Validity

Prices stated in the quotation are valid for one (1) month from the date of issue. They remain firm and non-revisable if the order is placed during this period. After this period, a new quotation reflecting the current rates may be issued.

2.2 – Services

The Services to be delivered are those explicitly listed in the quotation under the “Description” section. Any service not listed is excluded and will require an additional quotation.

2.3 – Additional Costs

Specific items potentially required for the execution of the Services—including, but not limited to, typefaces, photographs or illustrations from image banks, sound recordings—are not included in the quoted prices.
Printing, production and/or web hosting costs shall be paid directly by the Client (or ordering party) to the external supplier.

2.4 – Limitations of UX/UI and Digital Services

The Provider performs services related exclusively to graphic design, art direction, UX/UI design, wireframes and functional mock-ups.

The Provider does not perform:
– web development,
– integration of mock-ups,
– website launch or deployment,
– technical maintenance,
– CMS setup,
– SEO,
– technical optimisation.

The Provider cannot be held liable for technical malfunctions, bugs or display issues arising from:
– development carried out by a third-party provider,
– hosting services,
– the CMS or its plugins,
– technical choices made by the Client or a third party.

Any additional technical intervention shall be subject to a separate quotation.

2.5 – VAT and International Invoicing (Professional Clients Only)

The Provider is subject to VAT.

– Clients established in France: invoicing inclusive of VAT at the applicable legal rate.
– Clients established in the European Union (outside France): invoicing excluding VAT under the reverse-charge mechanism, provided a valid EU VAT number is supplied. Otherwise, French VAT will be applied.
– Clients established outside the European Union: invoicing excluding VAT, in accordance with French tax regulations.

The Client agrees to provide all necessary information to correctly apply the VAT regime.

3. Orders and Start of Work

3.1 – Specification Document

To allow the Provider to perform the Services, the Client agrees to supply a detailed specification document, which may only be modified with the Provider’s approval. If needed, the Provider may assist in drafting it. A quotation will be prepared accordingly.

3.2 – Modifications to the Specification Document

Any modification involving substantial changes to the initial specifications (including omissions or insufficiently detailed information) shall be considered an additional service and will require a new quotation. Work already completed remains due.

3.3 – Duty to Cooperate

The Client agrees to provide all materials required for the Services (text, images, videos, sounds, logos, content, etc.) in the requested format and as promptly as possible.
Delays in supplying required content automatically postpone the schedule.
The Provider cannot be held responsible for delays resulting from the Client’s failure to deliver materials.

3.4 – Materials Supplied by the Client

The Client undertakes to obtain all necessary authorisations and to bear any related costs (including copyright and image rights).
Trademark clearance and prior-art searches remain the sole responsibility of the Client.
The Client warrants that they hold all rights to elements provided to the Provider and indemnifies the Provider against any third-party claims.

3.5 – Acceptance of the Quotation

The quotation and these Terms and Conditions, signed by the Client, constitute acceptance and serve as a purchase order.

3.6 – Deposit

A deposit of thirty percent (30%) of the total amount quoted must accompany the signed quotation and Terms and Conditions. In case of cancellation by the Client (except force majeure), the deposit remains acquired by the Provider.

3.7 – Start of Work

No work will begin before the Provider receives the signed quotation and Terms and Conditions and before the deposit has been fully cleared.

3.8 – Right to Refuse the Order

If the Client does not comply with the order procedure, the Provider reserves the right to refuse the request.

4. Approvals

4.1 – Approval Method

Following the creation phase(s), the Client must clearly communicate their approval or modification requests by email or signed letter.

4.2 – Tacit Approval

If no approval or modification request is received within fifteen (15) days, the deliverables shall be deemed approved by both parties.
Any correction requested after final approval will be subject to an additional quotation.
From the moment final approval is granted, the Provider is no longer required to perform free corrections.

4.3 – Time Zones

Approval and modification deadlines stated in these Terms and Conditions are calculated according to the Provider’s time zone (France – CET/CEST).

5. Terms of Payment

5.1 – Payment Deadlines

Unless otherwise agreed in writing, payment is due no later than thirty (30) days following the invoice date.

5.2 – Late Payment

Late payment penalties apply automatically the day after the due date, without the need for a reminder.
Penalties equal the annual ECB refinancing rate plus 10% of the total invoice amount per day of delay.
A fixed recovery fee of forty (40) euros also applies.
Additional recovery expenses may be charged if justified.

5.3 – Accepted Payment Methods

Payments may be made by bank transfer or by cheque payable to “Sandra COLLIN”.

5.4 – International Payments and Bank Fees

International payments must be made in euros (EUR), unless otherwise agreed in writing.
All international transfer fees (SWIFT/SEPA charges, conversion or processing fees) are borne entirely by the Client.
The amount received must match exactly the total amount stated on the invoice, after deductions and conversions.

6. Copyright and Intellectual Property

6.1 – Moral Rights

Under French Intellectual Property Code (Articles L.121-1 et seq.), moral rights (including disclosure, integrity and withdrawal rights) are perpetual and inalienable.

Only the economic rights explicitly stated in the quotation under “Usage Rights Transfer” are assigned to the Client, and only under the conditions specified (media, territory, duration).
Any unauthorised reproduction, representation, adaptation or translation is prohibited and constitutes infringement.

6.2 – Ownership Until Full Payment

All productions and related rights remain the full property of the Provider until all invoices related to the order have been fully paid.
The Client acquires the licensed rights only once full payment has been received.

Unless otherwise stated, production files and source files remain the exclusive property of the Provider.
Only the final deliverable is supplied.
Any transfer of source files (.ai, .psd, .indd, .fig, .xd, etc.) requires a specific quotation and licence agreement.

6.3 – Reproduction and Distribution Rights

Usage rights are calculated according to the intended scope of distribution.
Each new adaptation or edition requires a new rights assignment and updated pricing.

6.4 – Obligation of Means – No Guarantee of Results

The Provider is bound by an obligation of means, not an obligation of result.
No commercial, marketing or performance results (sales, visibility, conversion, traffic, etc.) are guaranteed.

6.5 – Use in Multiple Countries

Usage rights are limited to the geographical scope stated in the quotation.
Any distribution outside the initial territory requires a new rights assignment and updated pricing.

6.6 – Trademark Registrations and Foreign Legal Checks

The Provider does not conduct prior-art searches, trademark filings or compliance checks with international authorities (EUIPO, USPTO, CNIPA, etc.).
These actions and any related costs are the Client’s sole responsibility.

7. References

Unless otherwise requested in writing, the Provider may mention the work carried out for the Client across her communication materials (website, portfolio, social media, printed materials, presentations, commercial outreach).
This includes textual and visual excerpts.

8. Governing Law – Disputes – Liability

8.1 – Governing Law

This contract is governed exclusively by French law.

8.2 – Liability – Production Contingencies – Warranty

The Client acknowledges that production timings are indicative and may vary.
The Provider warrants the Client against design defects rendering the deliverables unfit for their intended use for one (1) year, excluding misuse or Client negligence.

Any defect must be reported in writing within one (1) month of discovery or before signing the “approved for production” validation.

8.3 – Amicable Resolution

In case of dispute, the parties shall attempt an amicable resolution within fifteen (15) days of written notification.

8.4 – Competent Courts

Any dispute shall fall under the exclusive jurisdiction of the courts of Toulon – FRANCE.

8.5 – Limitation of Liability

The Provider’s liability is strictly limited to the total net amount actually paid by the Client for the Services performed by the Provider.

Under no circumstances shall the Provider be liable for:
– indirect, immaterial or consequential damages (loss of turnover, data loss, commercial prejudice, reputational harm, etc.);
– defects, errors, delays or faults attributable to a third-party provider (printer, web developer, hosting provider, photographer, etc.);
– errors resulting from incomplete, incorrect or late information supplied by the Client;
– technical, strategic or commercial choices made by the Client or third parties.

The Provider is responsible solely for the Services she has personally executed.

8.6 – File Retention

Working files and deliverables are retained for a maximum of six (6) months after delivery. Beyond this period, the Provider is no longer required to store or restore the files.

8.7 – Personal Data (GDPR)

The Provider processes personal data solely for the performance of the Services.
The Client ensures compliance with GDPR for all data provided.

8.8 – Compliance with Foreign Regulations

The Provider is not responsible for verifying compliance with foreign regulations (packaging laws, mandatory mentions, cosmetic/food regulation, advertising standards, etc.).
The Client is solely responsible for compliance in the countries where the creations will be used.

8.9 – International File Transfers

Deliverables may be transmitted by email, secure link or file-sharing platform.
The Provider is not responsible for:
– international cybersecurity restrictions,
– anti-spam filters,
– communication restrictions specific to certain countries,
– data loss due to third-party hosting.

8.10 – Foreign Professional Clients

The Client expressly acknowledges acting in a professional capacity.
Consumer protection laws (French or foreign) do not apply.
The contract is governed exclusively by French law, regardless of the Client’s country.

9. Client Acceptance

These Terms and Conditions are expressly accepted by the Client, who acknowledges full understanding and waives the right to rely on any contradictory document, including their own purchase terms.

The quotation signed by the Client, bearing the mention “Approved”, constitutes a binding order and implies full acceptance of these Terms and Conditions.