General conditions of sale
Any order placed implies the customer's full and unreserved acceptance of these general terms and conditions of sale to the exclusion of any other document.
Object
Any service provided by the company Mélanie Robin, acting in a professional capacity as an individual entrepreneur (EI) whose registered office is located at 9 rue des Colonnes, 75002 Paris, France, Siret 831 960 323 00036, therefore implies the unreserved acceptance by the customer of these general conditions of sale.
Mélanie Robin offers one-off or regular services, including web content writing and digital communication advice, at her home or on-site.
Mélanie Robin works completely independently, without time constraints or subordination.
Quote and order
Each customer order is preceded by a free quote, established by Mélanie Robin, based on the information provided by the customer.
The quote, sent by email, specifies in particular:
- the description of the service to be performed;
- the terms for determining the price of the service;
- the delivery time of the service, any price increases applied in particular due to urgency, specific research or any other request which is not a service usually provided by Mélanie Robin.
The order is considered confirmed when the quote is returned signed, without any modifications, annotated with the words "good for agreement" by return email. The pure and simple acceptance of these General Terms and Conditions by the customer is immediate.
In the absence of confirmation of the order in accordance with the terms defined above within fifteen (15) days from the date of sending the quote, the latter will be deemed null and void.
Deadlines and delivery
Mélanie Robin undertakes to deliver the services on the dates set in advance, mentioned in the quote, unless prevented or interrupted beyond her control.
Payment terms
Deposit
A deposit of 30 % of the total amount indicated on the quote, net of VAT, is due upon signing the quote, regardless of the amount. The quote signed and accompanied by payment of the deposit constitutes a firm order.
Pay
The balance of the service is due upon receipt of the invoice, and payable at the latest 30 days end of month from the invoice date, by bank transfer or PayPal.
In the event of late payment, the penalties provided for in Article 7 will be automatically applied.
Rates
The client agrees to pay Mélanie Robin the amount of the rates specified in the quote.
Prices for services may change at any time except for quotes accepted and returned by Mélanie Robin.
Late payment
In accordance with Articles L. 441-6 et seq. of the French Commercial Code, any amount not paid on the due date shown on the invoice will give rise, automatically and without any formal notice being necessary, to the application of:
- Late payment penalties calculated on the basis of 1.5 × the legal interest rate in force on the due date. These penalties are calculated pro rata temporis from the day following the due date until the day of actual payment;
- A fixed compensation of €40 for recovery costs, due automatically from the first day of delay (art. D. 441-5 of the Commercial Code).
Late payment penalties and fixed compensation will be automatically and immediately payable, without the need for a new enforceable title.
Cancelation
Cancellation of an order in progress, whatever the cause, must be expressly notified in writing to Mélanie Robin.
Cancellation requires full payment for the work already performed. To the extent that the service has not yet started, Mélanie Robin and the client may terminate the contract by mutual agreement.
The texts written remain the property of Mélanie Robin until full payment.
Confidentiality
The parties undertake not to communicate any of the information transmitted to them as part of the conclusion of the service and its execution, as well as not to use this information for their own account or that of third parties.
Mélanie Robin considers as strictly confidential, and prohibits herself from disclosing, any information, document, data or concept of which she may become aware during the course of this contract.
Transfer of intellectual property
The transfer of intellectual property from Mélanie Robin to the client takes place upon payment of the remaining balance due by the Client.
Mélanie Robin reserves the right to mention on her website https://noesna.com, the name and URL address of the client site for reference purposes, unless refusal is notified in writing.
Responsibility of Mélanie Robin
Mélanie Robin is obligated to carry out her service successfully and also undertakes to deliver her service within the agreed timeframe.
Mélanie Robin is only bound by an obligation of means towards the client.
The client accepts the possibility that a typo may remain, an omission that escaped Mélanie Robin's attention. Once this has been noted, the client may return the text for review. No additional fees will be charged to the client; Mélanie Robin will bear the costs.
Customer Responsibility
The client is obligated to pay the agreed price within the timeframes stipulated in this agreement. The client must also provide Mélanie Robin with access to sufficient information and resources to enable her to successfully complete her assignment. The client is responsible for the accuracy of the data and information provided for the performance of the services. The client therefore undertakes to collaborate with Mélanie Robin to provide this information.
Under no circumstances will Mélanie Robin be liable to customers for any intangible damage such as loss of business, loss of income, loss of profits, loss of contract, or indirect damage that the customer may suffer.
The client undertakes to take out its own insurance, with waiver of recourse, by itself, its insurers or agents against Mélanie Robin, intended to cover all damage, whatever the nature or origin, to property and people, which could occur during the implementation and implementation of the project whose organization is entrusted to Mélanie Robin.
Mélanie Robin reserves the right to refuse to work on the content of certain texts or subjects which she considers suspect and immoral and/or non-compliant with the laws in force in France.
Complaints
Complaints or disputes will always be received with attentive kindness.
Any complaint must be sent by email, from the day of receipt of delivery, within 48 hours.
In the absence of a complaint, the customer will accept the work delivered without reservation.
Force majeure
The parties may be exempted from their contractual liability by demonstrating the occurrence of a force majeure event, making the performance of the contract impossible beyond their control.
They must nevertheless inform the other party of the occurrence of this event by email.
In this respect, external, unforeseeable and irresistible events are considered to constitute force majeure.
If the case of force majeure, or the delay caused by it justifies it, because it makes the performance of the obligations of a party impossible, this agreement and the obligations of the parties are extinguished.
Jurisdiction
In the event of a dispute, the client will contact Mélanie Robin as a priority to obtain an amicable solution.
In the event of a dispute, the parties undertake to attempt to resolve their disagreements amicably before proceeding to refer the matter to the civil court.
If no agreement is reached, the dispute will be under the exclusive jurisdiction of the Paris Court, regardless of the place of delivery of the services.
