PORTRAITS DE VILLES

Terms and conditions of sale #2

be-polesTM

Terms and conditions of sale for quotation No 

Article 1 - Definitions

Client: Any natural or legal person, public or private, subscribing to the services provided by be-poles.

Service: Any of the creation, development and production services provided by be-pôles and ordered by the Client in the fields of artistic and industrial design, or conventional and applied arts.

Creation: Any production of an intellectual, literary, artistic or industrial nature created and/or developed and/or produced by be-pôles as part of the Client's Order.

Article 2 - Scope

The present terms and conditions of service and sale (hereinafter referred to as the “General terms and conditions”) define the conditions for the use and application of the Services produced by be-pôles." 

Article 3 - Application and opposability of the General terms and conditions

The fact of placing an order with be-pôles shall be deemed unreserved acceptance of the General terms and conditions by the Client, to the exclusion of any other document whatsoever. In this respect, no specific condition may, unless accepted previously in writing by be-poles or the Client, may override these General terms and conditions.

Article 4 - Order conditions, changes or cancellation 

All orders placed by the Client with be-pôles shall only be accepted after payment of a 50% (fifty percent) deposit of the price stipulated in the quotation sent to the Client by be-poles following the Order.

Article 5 - Intellectual property 

The Creations produced by be-pôles are original works protected by the provisions of French intellectual property law. Subject to the terms provided in the quotation sent to the Client, the Client's order shall not be deemed to transfer to its benefit the intellectual property rights over the Creations; these rights being reserved by be-pôles. The Client acknowledges and accepts that be-poles shall mention, on its Creations, the following copyright notice “© be-poles [year of first publication]. All rights reserved.”

Article 6 – Responsibility for the prepress proofs and acceptance of the deliverables

The Client must sign prepress proofs and/or accept the deliverables for the Creations provided by be-poles before the said Creations can be printed or used. The Client must take the greatest care before signing prepress proofs and acceptance of the deliverables. Sign-off of the prepress proof and acceptance shall be deemed final agreement by the Client for the Creations, and shall be deemed complete acceptance of the work and the service provided by be-poles. Any new service from be-poles following sign-off of the prepress proof and/or acceptance shall result in the issue of a new invoice. 

Article 7 - Prices

The prices are set in the quotation from be-poles on the basis of the following set rates, exclusive of taxes:

- 2000 euros per day for creation and 1000 euros per day for execution.

The prices stipulated on the quotation issued by be-poles shall be deemed net, ex-works, excluding taxes on the set rates stipulated above, and shall only remain guaranteed for 30 (thirty) days following the issue of the quotation. All taxes, duties or rights or any other services to be paid under the application of French regulations, or those of an importing or transit country, shall be the responsibility of the Client. Unless agreed to in writing by be-poles, transport costs are always the responsibility of the Client.

Article 8 – Technical costs

The technical costs inherent in the Client's order (hereinafter referred to as the “Technical costs”) shall be the responsibility of the Client and shall be invoiced thereto by be-poles. Technical costs shall in particular be deemed to include: courier, printing to present the project (above five prints per designated page), flashing, cromalins, etc. The Technical expenses shall be paid by the Client on receipt of the invoice.

Article 9 – Payment

The price shall be payable in accordance with the following schedule:

-       50% (fifty percent) upon order placement -       25% (twenty-five percent) on work-in-progress -       25% (twenty-five percent), i.e., the balance, on delivery.

Technical expenses on delivery.

In the event of payment delay, be-poles may suspend all Orders in progress, without prejudice of any other recourse. All sums unpaid by the due date stipulated on the invoice shall be subject to late payment penalties equal to one and a half times the legal interest rate, and shall be payable upon request by be-poles.

In the event of payment default, 48 (forty-eight) hours after formal notice remains without effect, the Order shall be automatically terminated at the discretion of be-poles, which may request, under injunction, the return of the Creations, without prejudice to any damages. The cancellation will in fact not only apply to the relevant Order but also to all previous unpaid Orders, whether delivered or in the process of being delivered, and whether their payment is due or not. In the event of payment by a bill of exchange, the failure to return the bill shall be deemed acceptance refusal and considered payment default.

In all the above cases, the amounts that may be due for other deliveries, or for any other reason, shall become immediately payable if be-poles does not opt for the cancellation of the corresponding Orders.

The Client shall reimbursable expenses incurred for the recovery of the amounts payable, including the fees for all members of the legal profession and public officers.

Article 10 – Applicable law – Competent courts

By express agreement, the contractual relations between be-poles and the Client are governed by French law.

Any dispute arising between the Parties shall be brought before the competent jurisdiction of the head office of be-poles."

 

6 Rue Beaubourg 75004 Paris – France - www.be-poles.com

be-polesTM SAS  is a company with a share capital of 38,400 euros. SIRET No. 432 519°999°000°36. APE Code: 7311Z.  TVA No. FR30432519999 at the Paris Trade and Companies Register (RCS de Paris)