Terms and Conditions of Sale (T&Cs)

Article 1 - Purpose

These Terms and Conditions of Sale (T&Cs) define the terms and conditions under which Baptiste Dary, a sole trader operating under the trade name HelloDary, provides services in the field of website creation, development, and publishing.

Any order implies the client's full and unconditional acceptance of these T&Cs.

Article 2 - Service provider identity

Name: Baptiste Dary

Legal status: Sole trader

Trade name: HelloDary

Address: Provided upon request

Email address: contact@hellodary.fr

SIRET number: 99414511800018

Article 3 - Services offered

The services offered include in particular:

• brochure website creation
• graphic design and web integration
• display optimization (responsive design)
• website publishing
• project guidance and advice
• integration of online payment solutions via third-party services (e.g. Stripe)

The details of the services are specified in the quote accepted by the client.

Article 4 - Quote and order

Each service is subject to a free, detailed, and personalized quote.

The order is considered final upon receipt of:

• the dated quote, signed and marked “Approved”
• and, where applicable, the deposit payment

Article 5 - Prices

Prices are expressed in euros (€).

In accordance with article 293B of the French General Tax Code, VAT does not apply:

VAT not applicable, article 293B of the CGI.

The applicable prices are those stated in the quote at the time of the order.

Article 6 - Payment terms

Unless otherwise stated in the quote:

• a deposit of 30% to 50% may be required when ordering
• the balance is payable upon delivery of the project

The accepted payment methods are specified in the quote.

For subscriptions, payments are made monthly according to the terms defined at the time of subscription.

Any late payment may result in the suspension of the work.

Article 7 - Completion times

Completion times are given for information only and may vary depending on:

• the complexity of the project
• the client's responsiveness
• intermediate approvals

The service provider cannot be held responsible for delays caused by a lack of communication or delayed approvals from the client.

Article 8 - Client obligations

The client undertakes to:

• provide accurate and complete information
• send the necessary content (texts, images, logos)
• respect approval deadlines
• create and configure their accounts with the third-party services required for the proper functioning of the website (e.g. Stripe for payments)

The client is solely responsible for the management and use of these third-party services, particularly with regard to payments, refunds, invoicing, and related data.

Any delay attributable to the client may lead to a postponement of the initial schedule without entitlement to any compensation.

Article 9 - Intellectual property

The website created remains the property of the service provider until full payment of the service has been made.

Once payment has been made, the rights to use the website are transferred to the client, excluding technical elements, methods, know-how, and generic code.

The service provider reserves the right to mention the project in their portfolio, unless the client objects in writing.

Article 10 - Liability

The service provider undertakes to deliver a service in accordance with the accepted quote.

The service provider cannot be held liable for:

• indirect damage
• data loss
• malfunctions related to the host or third-party services

When integrating online payment solutions, especially Stripe, the service provider acts solely as a technical integrator. The client is solely responsible for managing their account, transactions, refunds, and all financial operations.

The service provider's liability is limited to the total amount invoiced for the service.

Article 11 - Termination

In the event of termination of the contract by the client after validation of the quote:

• all sums already paid remain the property of the service provider
• work already completed remains payable in proportion to progress made

No refund may be requested for a service that has already started.

Article 12 - Personal data

Any personal data collected is used solely within the framework of the commercial relationship and in accordance with the website's privacy policy.

Article 13 - Consumer mediation

In accordance with articles L.612-1 and following of the French Consumer Code, private clients may refer the matter free of charge to a consumer mediator.

Designated mediator:

CNPM - Médiation Consommation
27 avenue de la Libération
42400 Saint-Chamond
https://www.cnpm-mediation-consommation.eu

Article 14 - Governing law and disputes

These T&Cs are governed by French law.

In the event of a dispute, an amicable solution will be sought before any legal action. Failing that, only the French courts shall have jurisdiction.

Article 15 - Subscription and maintenance

The service provider may offer services in the form of a monthly subscription, including hosting, maintenance, backups, and technical support.

This subscription is non-binding and may be canceled by the client at any time.

The cancellation takes effect at the end of the current monthly period.

In the event of cancellation, the client keeps access to their website and files, but the services associated with the subscription, including maintenance, support, and hosting where applicable, come to an end.

The details of the services included in the subscription are specified in the quote or on the service provider's website.