General conditions of sale
These general conditions of sale are systematically addressed or given to each client to enable them to place an order for full and unreserved membership. Our sales are subject to the present general conditions of sale that prevail over any condition of purchase, except in the case of formal and express derogation by Friendly Agency. When a quote is established by Friendly Agency, it constitutes the special conditions that modify or supplement these general conditions of sale. They are signed and initialled by the client. The client who has sent an order to Friendly Agency is deemed to have read and accepted these general conditions of sale without any reservation.
The order is effective only after acceptance of the quotation by both parties and once the quote has been signed by the client with the mention “agreed and signed” and after the payment of an advance specified in the quote. This quote shall therefore be considered as an order form. Once signed, Friendly Agency agrees to provide the work, and the client therefore agrees to pay the order according to the payment terms.
Modification or cancellation of the order
Any modification of the order requested by the client can be taken into consideration only if it reaches the Friendly Agency in writing while the respective implementation phase is still in the design and development stage. If the client chooses to forfeit their order, the start-up deposit is not refundable, and they will owe to Friendly Agency a cancellation penalty equal to 10% of the total amount of the cancelled order.
Our quotes as well as our drawings and models remain our property. They can not be disclosed to third parties without our authorisation under penalty of damages and interest. In the event of cancellation of an order or modification of the order during production, the work carried out, finished or in progress, will be handed over to the client and will be invoiced to them. Our services are often carried out in collaboration with partners; any delay by these parties will change our delivery times.
The announced delivery times are indicative. Any possible delays do not give the buyer the right to cancel the order or to claim damages. Friendly Agency will be released from any delivery time commitments:
– In the event that the payment terms provided for are not fulfilled;
– In the event that the information necessary for the execution of the work is not given to us in due time;
– In the event of delays with our partners (printer, hosting services…).
The work will be delivered to the client once finished and will be validated by them. Thus, any modification of the work after reception may be refused by Friendly Agency. In the event that the product is to be printed, a validation will be requested from the client before it is sent to the printer. Therefore, no claim can be made once the product is printed and delivered. Moreover, Friendly Agency can not be held responsible for any errors in the manufacturing or printing of the product committed by the printer. All orders are due, even if the final result does not meet the client’s expectations.
All creations generate copyrights governed by the Intellectual Property Code. The amount is based on the actual use of the creation by the client; any use other than that indicated on the bill will be subject to additional rights. The creation, subject of the order, can be exploited only under the conditions laid down in the said command. An idea proposed by the client does not, in itself, constitute a creation. Models (refused or not) remain the property of the author. Only the final realisation chosen by the client is transmitted to them; any other realisation not retained by the client remains the property of Friendly Agency. Friendly Agency reserves the right to use the creations for self-promotional purposes. All the source files (graphical and technical) will be returned to the client at the end of the project and payment of the order. Friendly Agency agrees to assign the operating rights of the media created for all the media (without the purchase of Art created or supplied by the client, for which they would have paid the rights).
Supplies such as typography, photographs and illustrations of all originals, archival documents etc., which may be necessary for carrying out the work, are not included in the prices indicated. The documents provided by the client for the implementation of their order are either free of copyright protection or their property, the fact of supplying us with these documents implies the previous verification by the client of their property. Under no circumstances can we be held responsible for any document provided by a client that does not belong to them.
The client acknowledges Friendly Agency’s right to mention their name and their status as a client of Friendly Agency as well as to reproduce the graphic creation, once it has been publicly disclosed by the client, in any event, document or publication for promotional purposes, when presenting Friendly Agency’s services (fairs, shows, brochures, professional directories etc…). The client authorises the signature of his documents by the mention friendly-agence.com
In the event of delivery by Friendly Agency to the client of the material elements containing the graphic creations, it is expressly specified that these elements can not be modified, transmitted, used for other projects or used for any other purpose than that expressly mentioned in the agreed-upon quote.
In the event of participation in a competition organised by a current or potential client, Friendly Agency reserves the right to invoice, at the end of the competition, the expenses incurred by participation in the competition.
All expenses related to the mission (subscriptions, freelancers, research, exceptional travel…) will be invoiced separately, in an expense report accompanied by copies of the invoices.
All information and rates submitted are covered by confidentiality.
The following will also be invoiced in addition: modifications requested by the client during the implementation process, if they involve a redesign of the project, the supply of materials that can be used for certain models, possible participation in photographic shots, technical monitoring, travel expenses and the supplies mentioned above on the basis of €200 per hour of work provided.
Payment of fees is made according to the terms of payment validated by the client. A deposit of 50% for the start of the works is paid; the balance will be settled upon receipt of the order or at the latest, at the end of the current month (excluding delivery delays for which Friendly Agency is not responsible). Any order cancelled on the client’s initiative does not entail the return of the deposit paid for the validation. In case of late payment, Friendly Agency reserves the right to interrupt the implementation phase currently in progress. Any amount paid after the date of payment shown on the invoice, where the payment is made after the deadline set in the general conditions, will give rise to penalties equal to three times the legal interest rate. These penalties will be payable upon request by Friendly Agency.
Applicable law and juridiction
Any complaint about any part of the invoice must be brought to our attention within a maximum of one week after receipt. In case of dispute of any kind whatsoever relating to our services and in the absence of amicable conciliation, even in case of warranty claims or plurality of defendants, competence is given to the Commercial Court of Strasbourg. It is recommended that any tolerance on our part does not in any way constitute a derogation from the present general conditions and can not be opposed as such.