Legal Notice & GTC
In accordance with the provisions of Law No. 2004-575 of June 21, 2004, on trust in the digital economy, users of the Laura Peterman Design website are informed of the identity of the various contributors involved in its creation and monitoring.
This website, accessible at the URL www.laurapeterman.fr (the ‘Site’), is edited by:
Laura Peterman Design SAS, a company with a capital of 1000 euros, registered with the Trade and Companies Register of LYON under the number 952 842 946 R.C.S Lyon, whose registered office is located at 43 rue du Docteur Albéric Pont 69005 Lyon, represented by Laura Peterman duly authorized.
The Site is hosted by the company O2Switch, located at 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, (phone contact or email: (+33) 4 44 44 60 40).
The Publication Director of the Site is Laura Peterman. The photographs were taken by the talented and lovely Elise Morgan. The design and texts are the creation and property of Laura Peterman.
General Terms and Conditions (GTC)
the company Laura Peterman Design SAS, with a capital of 1000 euros, registered with the Trade and Companies Register of LYON under number 952 842 946 R.C.S Lyon, whose registered office is located at 43 rue du Docteur Albéric Pont 69005 Lyon, represented by Laura Peterman.
The company can be contacted by email via the site’s contact form.
Hereinafter referred to as “the Service Provider.”
On the one hand,
And the natural or legal person proceeding with the purchase of products or services from the company,
Hereinafter referred to as “the Client”
On the other hand,
It has been stated and agreed as follows:
The Company is the publisher of products and services for brand identity creation, web and print communication media, and scenography (setting up showcases, retail spaces, photo styling).
1 – GENERAL PROVISIONS
These general terms and conditions of sale aim to define the rights and obligations of the parties during the sale of products made by the Service Provider for its Clients in the context of its graphic design and creation activity. The Service Provider reserves the right to modify its general terms and conditions of sale, packages, and prices at any time and without notice. These modifications will not affect ongoing orders. If the Client is an individual, they acknowledge being of legal age according to the laws of the country where they reside. The Client using Laura Peterman’s services acknowledges having read and unconditionally accepted the following general terms and conditions of sale, as well as the warnings set forth in the Extract from Law No. 57-298 of March 11, 1957, on artistic property (Official Journal of March 14, 1957) regarding the laws of intellectual property. To do this, the Client will affix their signature, preceded by the handwritten mention “read and approved” at the bottom of this document during the order. Any contractual modification is valid only after a written and signed agreement of the parties.
2 – CLIENT’S RESPONSIBILITY
The Client agrees to provide accurate and truthful information and undertakes to inform the Service Provider of any changes to the provided data and will be solely responsible for any malfunctions that may result from incorrect information. The Client must maintain a valid email address and postal address.
3 – COMMITMENT OF THE PARTIES
In general, the Client and the Service Provider agree to collaborate actively to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties it becomes aware of as the project progresses, to enable the other party to take necessary measures.
a/ The Client
To enable the Service Provider to fulfill its mission, the Client agrees to:
Establish a detailed specifications document that will not undergo any further modifications, except by agreement of the parties, after being approved by the service provider. In the event that modifications would require a substantial revision of the initial specifications, these will be invoiced in addition to the initial quote.
Provide the Service Provider with the purchase order/quote (dated, signed, and stamped).
Fill out the questionnaire provided by the Service Provider at the contract signing.
Provide all documentary, graphic, and textual elements necessary for the successful completion of the contract (especially in the appropriate formats for the targeted media). The Client agrees to provide all legal information to be added to the documents and assumes responsibility for providing the content of the documents it publishes.
Have the necessary rights over the provided elements above. Only the responsibility of the client can be engaged in this regard.
Actively collaborate in the success of the project by providing the Service Provider with all necessary information and documents in a timely manner for a proper understanding of the needs and the successful execution of the services.
Strictly adhere to the technical and creative recommendations made by the Service Provider.
Ensure the Service Provider against any action that could be brought against it due to the nature of the data or information (texts, images, sounds) provided or chosen by the Client.
Pay the amounts due to the Service Provider on time.
Inform the Service Provider of any possible competition with other service providers.
b/ The Service Provider
If necessary, the Service Provider may participate in the elaboration of the specifications, jointly with the Client.
The Service Provider guarantees that the creations are legally available and are not burdened by the rights of third parties, employees or not of the service provider, for the intended uses under the contract.
The Service Provider undertakes to inform the Client regularly and effectively about the progress of the project, notably through validations submitted to the Client.
For confidentiality and throughout the duration of these terms and even after their termination for any reason whatsoever, the Service Provider undertakes to strictly keep confidential all information and documents of any nature whatsoever relating to the Client, to which it may have had access, notably in the context of the execution of this mission.
4 – INCIDENTAL EXPENSES
Various elements possibly necessary for the completion of the Service Provider’s services and not covered by its offers are not included in the indicated prices. These may include, for example, typographic fonts, photographs or illustrations from image banks, WordPress plugins and themes, domain names, and hosting. The following are to be invoiced separately: modifications requested by the client during the course of production, if they involve a reworking of the project (author’s corrections). The textual content enabling the production of the product must be provided by the Client. Travel necessary for the proper execution of the contract may also be billed to the Client.
5 – ORDER FORM AND START OF WORK
The quote and the GTC (general terms and conditions) signed by the Client exclusively constitute acceptance of these and act as an order form. This must be accompanied by a 50% advance payment of the total price of the services to be provided. The work will commence when all documents (signed quotes and GTC, 50% advance payment) and graphic and textual elements necessary for the proper completion of the contract have been transmitted to the Service Provider.
6 – VALIDATIONS
6-1 – After the creation phase(s) of the project, the Client undertakes to send the Service Provider their validations clearly and explicitly by sending a dated and signed email or letter.
6-2 – In the absence of validation or a request for modifications to the mockups by the client within fifteen days, they will be considered validated by both parties. The work done, delivered, and tacitly validated implies that the corresponding amounts for this work are due.
7 – INVOICE AND PAYMENT
Unless a clearly agreed-upon additional payment period, the invoice must be paid on the delivery date or at most 30 days after its issuance. Payment is made by bank transfer or by check payable to Laura Peterman. In case of delay, penalties will be due without a reminder being necessary in accordance with the law. These penalties amount to 20% of the total amount of the invoice per day of delay. In case of non-payment, the client will bear all collection costs.
8 – ADVANCE PAYMENT AND ORDER CANCELLATION
In case of termination of the contract by the Client before its term, they undertake to regularize and remunerate the amounts related to the current calendar, completed or ongoing items, as well as additional services performed. All copyright remains the exclusive and full property of the Service Provider, except for data provided by the Client. The files and source data created and used by the Service Provider cannot be claimed by the Client without a financial contribution. The mockups, and more generally,
all original works, remain the property of the Service Provider, as do rejected projects. The advance payment already made will remain acquired by the Service Provider, constituting compensation for the work undertaken.
9 – INCAPACITY TO WORK
In case of incapacity to work due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Client being able to demand the payment of indemnities. It is understood that the Service Provider must notify the Client on the first working day of their incapacity.
10 – FORCE MAJEURE
The parties cannot be considered responsible or having failed in their contractual obligations when the failure to perform their respective obligations originates from force majeure; the contract between the parties is suspended until the causes of force majeure are extinguished. Force majeure includes irresistible facts or circumstances, external to the parties, unpredictable, and independent of the will of the parties, despite all reasonably possible efforts to prevent them. Also considered as force majeure are the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunication networks outside the parties. The party affected by force majeure will notify the other within five (5) working days following the date on which it became aware of it. The two parties will then agree on the conditions under which the execution of the contract will continue.
11 – SETTLEMENT OF DISPUTES
The contract is subject to French law. Any dispute or litigation concerning the interpretation or execution of this contract will be brought, failing amicable agreement between the parties, before the competent courts of Lyon, to whom they expressly grant jurisdiction.
12 – OWNERSHIP OF THE WORKS PRODUCED
The entirety of the production and related rights, the subject of the order, remains the entire and exclusive property of the Service Provider until the invoices issued are fully paid by the Client, up to the total amount of the order and any amendments concluded during the provision. As a corollary, the Client will become the de facto owner of the production and rights transferred from the final payment and settlement of all invoices issued by the Service Provider within the framework of the order. Unless otherwise stated on the quote, production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Client. In the absence of such a mention and if the Client wishes to have the source files, an amendment to this document must be requested.
13 – CESSION PRINCIPLES
The reproduction and republication of the Service Provider’s creations are subject to copyright fees according to the law of March 11, 1957. The transfer of these rights concerns only the use specifically provided for. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic creation cannot be made, under any circumstances, without the consent of the Service Provider. The signature cannot be removed without the agreement of the Service Provider. An idea proposed by the Client does not constitute, in itself, a creation.
14 – RIGHT OF REPRODUCTION AND DISTRIBUTION
The reproduction and distribution rights are calculated based on the dissemination of the creation. They can be transferred on a lump sum or partial basis. Each different adaptation of the original work constitutes a new transfer of copyright. For each new edition, the amount of the rights must be updated. The rights are transferred within the temporal and geographical scope of this contract and may not exceed this limit. To allow the client to freely exploit the service provided in the context of their activity, all the patrimonial rights related to the creation of the service provider, under the project, will be fully and exclusively transferred to the client, and this for dissemination on the media specifically addressed during the order, upon effective payment of all due fees.
15 – COPYRIGHT AND COMMERCIAL MENTION
Unless explicitly stated by the Client, the Service Provider reserves the right to include in the realization a commercial mention clearly indicating its contribution, such as the formula “Design: Laura Peterman, brand identity creator,” accompanied, when the medium allows, by a hyperlink pointing to the commercial website of its activity (https://laurapeterman.fr).
16 – RIGHT TO ADVERTISE
The Service Provider reserves the right to mention the achievements made for the Client on its external communication and advertising documents (website, portfolio, etc.) and during commercial prospecting efforts.
17 – PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, the Client has the rights of access, modification, opposition, and rectification of personal data concerning them. It is sufficient for them to contact the Service Provider.
By adhering to these general terms and conditions of sale, the Client consents to the Service Provider collecting and using this data for the fulfillment of the contract and project monitoring. The information collected on this form is recorded in a strictly confidential computer file.