Terms of sale

Informative translation

This English translation is provided for convenience. The French terms of sale are authoritative and govern the contract.

1. Scope

These terms govern design, development and consulting services supplied by Creadiv. Signing a quotation constitutes acceptance. No order or payment is completed on the Website.

2. Order and deposit

An order becomes binding when the quotation is signed and a 30% deposit is received. Work starts after both conditions are met unless stated otherwise.

3. Prices and payment

Prices are set out in the quotation and stated in euros excluding tax. VAT is not applicable under Article 293 B of the French General Tax Code. Unless the quotation states otherwise, no discount is granted for early payment. The balance is invoiced on delivery and payable within 30 days of the invoice date using the payment method stated in the quotation or invoice.

Late-payment penalties become payable automatically, without notice, from the day after the due date. They accrue daily at the European Central Bank refinancing rate applicable on 1 January or 1 July of the relevant half-year, plus ten percentage points.

A fixed €40 recovery charge is due for each late invoice. Where actual recovery costs exceed this amount, Creadiv may claim additional compensation upon evidence.

4. Performance and collaboration

The client supplies required content, access, approvals and information on time. Client delays postpone delivery according to Creadiv’s availability.

Revisions are unlimited within the approved scope. Out-of-scope requests may require an additional quotation.

5. Delivery and acceptance

Deliverables are defined in the quotation. Specific reservations must be provided within ten business days after delivery; otherwise deliverables are deemed accepted, without prejudice to non-apparent defects.

6. Cancellation

If the client terminates after ordering, except for Creadiv’s breach or force majeure, completed work and incurred costs become payable. The deposit is credited against those amounts.

7. Intellectual property

Each party retains its pre-existing materials, tools, methods and know-how. Unless a separate written and paid assignment states otherwise, Creadiv retains all rights in its creations, source code, components and deliverables.

An assignment only takes effect after full payment and must specify its scope, purpose, territory and term.

8. Liability

Subject to mandatory law, gross negligence, wilful misconduct and bodily injury, Creadiv’s liability is limited to the fees paid for the service giving rise to the claim. Indirect loss is excluded.

9. Confidentiality and data

Both parties protect confidential information. Where required, the parties enter into an Article 28 GDPR agreement.

10. Force majeure

Neither party is liable for delay caused by force majeure under Article 1218 of the French Civil Code. The affected party promptly informs the other. If the event continues for more than thirty days, either party may end the affected services.