1 PROPERTY OF CREATIONS:
1.1 The client who transmits an order for printing or reproduction is deemed to have the right to do so and assumes sole responsibility to third parties in this regard.
1.2 Our creations, such as projects, models, sketches, interpretations and layouts, typographic compositions as well as our photographic shots, always remain our exclusive property, both material and intellectual, and are protected by the provisions of the code intellectual property.
1.3 In case we assign the right of reproduction, it is granted only for the number of copies and the destination specified when ordering. Our prior agreement is required for any future production and / or use. The client acquires no exclusivity with respect to the application of our intellectual property.
1.4 Reproduction or imitation, in any form or by any means whatsoever, is strictly prohibited and constitutes an infringement punishable by the penalties provided by the law of 11 March 1957 on copyright.
1.5 The tolerance that we accept, even tacitly and even for a prolonged period, that a specific use of our creations and / or equipment is made without our intervention, does not mean that we cede our rights in any way. In other words, we can demand at any time that this use be immediately terminated and that all material be returned to us. In this regard, it suffices that we oppose by registered letter that the customer must respond within 24 hours.
1.6 It is expressly agreed that any breach by the customer, or by a third party having knowledge of the present contractual relationship with our client, to the above provisions, under 1.1 to 1.5., Will irrevocably result in a compensable amount of damages, fixed at a fixed rate. to 15.000 € minimum, subject for us to demonstrate if necessary a more serious prejudice.
1.7 Projects that are not followed up by the customer are subject to all the above provisions, 1.1 to 1.6.
1.8 The customer can not oppose the mention of our name on our creations and reproductions.
2 OBJECTS INVOLVED IN OUR CARE:
2.1 The objects to be photographed or any other material or object put at our disposal by the customer, are in our workshops at the risk and peril of the customer. In other words, we are not responsible for damage, loss or theft. In this respect, it is up to the customer to contract special insurance if necessary.
2.2 Items delivered to our workshops must be delivered, unloaded and taken back by the customer. In case of non-return within 10 working days after their use, the refund is made by us at the expense and risk of the customer.
3 COMPLIANCE OF EXECUTION:
3.1 The client receives for approval a "good to shoot". Subsequent tests are counted as additional fees, as are costs resulting from a lack of clarity in the original model or copy or subsequent reworkings or deletions, which constitute copyright corrections. The execution is done exclusively on the basis of the signed draft note for approval, taking into account the correction requests clearly indicated on it. This voucher remains our property and irrevocably absolves us of any liability if the work has been performed in accordance with the draw. This applies notwithstanding the existence of all other documents or writings of any kind.
3.2 Work, which, because of the urgency, is transmitted in production without signed proof of execution, will be executed at best, but at the risk of the client, without recourse.
3.3 In the event that we are not responsible for the reproduction, the use of the material (such as files, forms to print, typographic compositions, etc.) delivered by us, disclaims any responsibility. Our responsibility is limited to repair, redo or correct the equipment used or to use, that we have delivered. We will not accept any request for payment for these repairs, reductions or corrections if they have been executed by the customer or by third parties.
4.1 Deadlines: our deadlines are given as an indication. A delay in relation to the time provided can not give rise to refusal to accept delivery or to claim damages. This provision applies notably in the case of force majeure delaying or suspending the delivery of the goods, or due to the non-compliance by the client of the schedule provided for the delivery of the necessary materials and / or documents or to return the slip.
4.2 Quantities: unless otherwise agreed otherwise, the customer can not assert any claim in case the quantity delivered reaches 10% maximum in more or less than the quantity ordered. It is agreed that the invoice is based on the quantity delivered. The customer accepts this clause which comes from the very nature of our activities.
4.3 Insurance: goods, even sold free of charge and packaging, travel at the risk of the customer. It is therefore his responsibility to make any reservations deemed useful by him to the carrier, only responsible.
5.1 The exact conformity of the colors to be reproduced and the identical reproducibility from one print run to another are not guaranteed. A latitude corresponding to the nature of the work and the uses of the profession must be allowed.
5.2 Claims: To be valid, any claim must be received in writing within 10 working days after the day of delivery. Other forms of claim (including return of the invoice, telephone complaints, refusal to take delivery, etc.) are not of any value.
6.1 Our price offers are valid for one month, the date of the offer being authentic, and as long as the customer makes no changes to the elements used in the pricing. After 1 month, we are allowed to change the price. The prices agreed upon verbally commit us only if they have been followed by a written offer.
7 FINANCIAL TERMS:
7.1 Billing: Project costs (such as travel, blank models, specific shots, etc.) can still be billed separately from execution even if they are only part of a global order. The same goes for the establishment costs (mockups, files, tools, etc.), when the drawing slip, sent for approval, is slow to come back to us. Partial deliveries are invoiced separately.
7.2 Payment: Unless otherwise stated, invoices are payable 30 days after the date of issue. Any discounts, rebates or rebates are indicated on the invoice. The goods remain the sole property of Digitalice® Solutions until full payment of the invoice price. The customer is responsible for the proper storage and insurance of the goods delivered.
7.3 Late payment: If the customer defers the payment of one or more invoices without having obtained the written agreement of Digitalice® Solutions, we are authorized, without formal notice, to postpone any other execution as long as the invoices remain unpaid. This is valid even if the contract for the work in progress has been established after the invoice becomes due. If, despite a formal notice by registered letter, the customer does not pay the unpaid bills within a week, we will be released from any other obligation. In addition, we will be justified in demanding the payment of a late penalty equal to three (3) times the legal interest rate on the day of the invoice, this penalty being applicable the day after the settlement date specified on the invoice. bill.
8.1 An exception to these conditions is valid only if it has been fixed in writing and accepted by us.
8.2 Jurisdiction clause: In the event of a dispute, whether we are sellers or buyers, the Lyon courts (69) alone will have jurisdiction, even in the event of a warranty claim or multiple defendants, and whatever the case may be. place of delivery and the method of payment accepted.