Article 1 - GENERAL
These present Terms and Conditions shall govern the rights and obligations related to orders made between each client with the company InCréation.
Client: The individual or legal entity making or purchasing the order.
InCréation: The SARL registered company, with a capital of 16,000 €, whose headquarters is located at 30, rue des Trois-Bornes, 75011 Paris; registered at the Paris RCS (Company and Trade Registry) under number B 484 477 393; VAT registration FR02484477393.
Website: The website refers to the digital contents at the internet address http://www.increation.fr
Orders: Each unique manufacturing order made between the client and InCréation. Within these present Terms and Conditions, orders may hereunder also be referred to as goods, contracts, purchase orders, confirmed orders, sales, and merchandise.
1.2 Scope of Application
In the absence of any specific stipulations to the contrary, sales by InCréation, whether completed on the website, by email, in the showroom, at trade salons or professional expositions in which InCréation is an attendee, and all legal relationships related thereto, shall be governed solely by these present Terms and Conditions.
The client must adhere fully to the entirety of these Terms and Conditions once a purchase order is made, or a quote confirmed.
The clicking of the validation button on the website, or a client’s confirmation of a quote by email, constitutes an electronic signature which, between the engaged parties, has the same value as a handwritten signature.
InCréation’s decision not to take advantage of one or any of the provisions of these present Terms and Conditions at any given time shall not be construed as a waiver of its right to take advantage of any one of the said provisions at a later date. In the event that one or more of the provisions in these present Terms and Conditions is deemed to be invalid by law, regulation, or court decision, the other provisions shall remain in full force and effect.
Article 2 - CONTRACT, ORDERS
Upon confirmation of the order, it shall be assumed that the client is in full acceptance of the entirety of these present Terms and Conditions, which shall supersede all former versions, and to which the client shall acknowledge understanding in advance of validating the order.
These present Terms and Conditions also serve to inform the client of the conditions and required steps for the processing and tracking of said client’s order.
InCréation reserves the right to modify these present Terms and Conditions at any time.
The applicable provisions are those listed on the website as per the order date.
The client shall receive an order confirmation by email.
Once a quote is established by InCréation, it shall provide any specific provisions to be modified or supplemented by these present Terms and Conditions. At the same time, in the event of the conclusion of a contract of collaboration, said contract shall contain any contradictory provisions to these present Terms and Conditions.
For each request by a client, InCréation shall respond with a quote, valid for thirty (30) days from the date of delivery. The client shall be responsible for reviewing the quote, the dimensions, and the final plans for the design installation before validating the order. The client shall confirm the order by returning the quote signed (in person, by post, or by email) or by an explicit confirmation by email. An oral confirmation or one made by telephone shall not be deemed valid.
InCréation shall then send an order confirmation to the client by email.
Invoices are sent by email upon either packaging or delivery of the order.
Cancellations, suspensions, or modifications shall only be recognized if they are made through written notice.
It is possible to cancel an order only before the manufacturing process has started.
For an order that has already begun production, the client shall be invoiced for all work that has been completed up until the point of the confirmed cancellation. Cancellation fees, preparations fees, creations fees, etc. may be invoiced to the client following the cancellation.
An expedited order may not be cancelled.
2.4 Non-applicability of a Withdrawal Period
According to Article L121-21-8 of the Consumer Code, the right to withdrawal from a contract (applicable to long-distance and off-site contracts) is not applicable to the contractual agreement between the client and InCréation, as this contract serves to provide the client with goods made to the specifications of said client or that are clearly personalized.
Article 3 - PRICE AND PAYMENT CONDITIONS
The prices posted on the website are listed in euros, and do not include taxes nor delivery costs (defined in Article 4.2).
All services and work are invoiced pursuant to the prices in effect at the time of the order or according to the prices listed in the validated quote. Any changes require a written agreement by InCréation.
Prices may be modified at any moment and without notice in accordance with applied fees by suppliers and copyrights by artists and designers.
3.2 Payment Conditions
Except in the case of an exceptional and contradictory agreement, the total price (including taxes and estimated delivery costs) for the order shall be paid in full at the time of the order confirmation. None of the preparation research, design process, nor production shall commence without proof of payment.
By exception, InCréation reserves the right to accept:
- after a first order paid in full, subsequent orders that may be the subject of an up front payment of 50% of the total price (including taxes and estimated delivery costs) on the order date, with the payment of the remaining balance no later than thirty (30) days after the delivery of the final invoice.
- after a first order paid in full, an order in progress, and a review of the accounting elements required for satisfying this purpose, subsequent orders that may be subject to a balance payment within thirty (30) days of the invoice delivery, at a maximum total previously established by InCréation.
InCréation retains full ownership of its delivered goods until their full payment is received; during this interval period the client shall be liable for all damages they may suffer or have been incurred upon them.
Invoices shall be paid in full at the latest within thirty (30) days of the date of their delivery. According to Article L441-6 of the Commerce Code, in the case of late payment, without the need to issue a notice, a late payment penalty rate issued by the European Central Bank at an increase of 10 points or 10.15% (0.15 + 10) for penalties due from July 1, 2014, and 10.05% (0.05 + 10) for penalties due from January 1, 2015, together with a flat recovery fee of 40€ by per invoice, shall be invoiced to the client. These penalties are not subject to the VAT tax.
3.3 Payment Methods
Payment methods accepted by InCréation, in order of preference:
- Bank transfer into InCréation’s account. The bank account details are included in the quotes and invoices delivered to the client. The client shall claim full responsibility for all included transfer fees. If the the client leaves these said fees in the charge of the addressee, InCréation shall invoice them to the client.
- Paypal. For clients who must pay by bank card, credit card, or debit card, the online payment service Paypal may be used. The client must provide advance notice to InCréation, who will add a 4% commission fee for the transaction.
- Cash. Only in person. The client must pay the exact amount.
- Checks. A check delivered to InCréation will be deposited immediately. The printing phase of the project shall commence only once the deposit is registered.
Article 4 - DELIVERY
The order shall be delivered within the delay period listed on the quote, from the date of the order’s confirmation. Everything shall be done to respect this delay; in the event that the said date may not be maintained, it shall not warrant compensation nor cancellation of the order. According to Article L138-2 of the Consumer Code, the sale may only be cancelled per request by the client if delivery has not taken place after thirty (30) days past the contract date or the expected delivery date. The amounts previously paid shall then be reimbursed to the client, without additional compensation.
The company is freed of all obligations in the execution of a client’s order in the case of unforeseeable circumstances or force majeure (full or partial strike, flooding, fire... ).
4.2 Delivery Fees
Delivery fees shall be the responsibility of the client. They shall be listed in the quote. The client reserves the right to pick up the order directly from the showroom located at 30, rue des Trois-Bornes, 75011 Paris, by request, and after a period of two weeks to allow for the transfer of the order from the production site to the showroom.
4.3 Taxes and Customs Fees
Import taxes, customs fees (whether fixed or proportional), origin certification fees, and other formalities shall be the responsibility of the client.
Three options shall be available for each order:
- The client shall be responsible for the installation. The client alone shall be responsible for all fees, risks, and any agreement with a subsequent installer.
- Per the client’s request, InCréation may provide contact with a third-party company who may then provide service options to the client. The client alone shall be responsible for all fees, risks, and any agreements with the subsequent installers.
- In exceptional cases, InCréation may provide installation services to the client. The price for these services shall be provided in a quote, and paid in advance by the client. InCréation reserves the right to employ a third-party subcontractor to complete the installation. The agreement with the subsequent installer shall be the responsibility of InCréation.
Article 5 - WARRANTY AND CLAIMS
5.1 Responsibility in Transit
Responsibility for the goods shall be transferred to the client upon reception by said client, or by a third party authorized by the client. If necessary, the responsibility for the goods shall be transferred to the deliverer upon reception by said deliverer, then to the client upon delivery.
In accordance with Article L133-3 and following the Commercial Code, the client alone is responsible for protecting his interests in relation to delivery and carrier services. Upon reception of the goods, the responsibility shall be the client’s to verify the number of packages and their status. In case of damage or partial lost, within the three (3) days (not including holidays) following receipt, the client must notify the carrier, by extrajudicial act or registered mail, of his formal complaint.
5.2 Information and Claims
Requests for information, details, and claims shall be addressed to InCréation by email at firstname.lastname@example.org, or by post to the address: InCréation, 30 rue des Trois-Bornes, 75011 Paris.
The client shall be responsible for reviewing the status, dimensions, and design of his order upon receipt, imperatively before its installation.
In order to be admissible, a claim must be written and registered within a period of fifteen (15) days after receipt, and imperatively before installation. This claim must:
- clearly define the defect;
- include the shipping label;
- include photos or samples of the defects.
The contested goods shall not be transformed nor destroyed but must be preserved in good condition until review. InCréation may offer to reprint the order, after possible modifications and adjustments, or to provide credit for a future order. If the non-compliance is a result of an error by InCréation (e.g. the final print does not match the quote validated by the client in terms of the graphic proposal or colour samples), the reprinting and subsequent delivery shall be the responsibility of InCréation. The initial order and transportation fees remain the client’s responsibility. If the non-confirmatory is the result of client error (poor measurement, confirmation of an inadequate design proposal, confirmation of a quote without review, etc.), the reprinting and subsequent delivery shall be the responsibility of the client.
The amount of liability for which InCréation is responsible may not exceed the total indicated on the delivered invoice.
The client benefits from the provisions of the standard warranty in particular those relating to hidden defects. Contractual warranties do not cover:
- abnormal or improper product use. The client shall in particular respect the installation guide provided by InCréation.
- errors and their consequences due to the act of an installer.
- errors and their consequences tied to the use of the product in a way that does not confirm to its intended purpose.
- errors and their consequences tied to all external effects.
Particular care shall be given to obtain colours as accurately as possible. But in the event that all means and methods exercised to achieve the colour result in a slight difference of hue, this shall not be deemed valid for compensation nor cancellation of the order.
5.4 After-sales Service
In the event that InCréation does accept a request by a client to return goods, the client has three (3) days from the date of said acceptance to return the merchandise at the cost of the client. The return must be accompanied by the shipping label, in its original packaging, that shall not have any other signs of damages nor deterioration except for that which is necessary for its opening.
The delivery cost of the original order shall not be reimbursed.
Returns that do not include all of the elements listed above, or are worn, damaged, or spoiled by the client shall not be accepted.
Accepted returns may result in an exchange, credit, or refund, through agreement between InCréation and the client.
Article 6 – INTELLECTUAL PROPERTY
6.1 InCréation’s Files
Research and studies, plans, designs, films, models, and documents delivered or sent by InCréation remain the property of said company: they shall not be disclosed by the client to any third parties for any reason. Any reproductions, imitations, and copies, regardless of method, are prohibited under penalty of prosecution.
6.2 Files Provided by the Client
All orders for the reproduction of a design, pattern, or logo benefit from protection under the Intellectual Property Code implied by the client’s confirmation of said client’s right of ownership or right of reproduction. In terms of the printing service, InCréation shall be released from all responsibility in regards to intellectual property rights for works or patterns provided by the client. The client shall be solely responsible for any reproduction rights for these works or patterns.
In the case that an order results in an act of infringement, the client shall be the sole bearer of any subsequent reparations and any costs incurred by/upon InCréation.
Article 7 - JURISDICTION
Any dispute arising hereunder will be settled before a court within the jurisdiction where InCréation’s headquarters is registered.