General conditions of use & terms of sale
Here are our general conditions of sale, all this information and conditions are written in contracts that we submit to our customers, suppliers and collaborators, before starting a mission and collaboration. Additionally, an NDA (non-disclosure agreement) can be signed.
START DATE AND DELIVERY:
A quote is sent to the customer free of charge, then a contract is submitted.
Start dates and a delivery schedule are agreed with customers according to clear specifications and are contracted.
COSTS & FEES MANAGEMENT:
The standard rates applicable for 2022 are calculated on the basis of 850 euros, eight hundred and fifty euros including tax daily rate. (Article 293B of the CGI, VAT not applicable) The taxes are 22% for 2022 in the event of an increase in taxes they will be added to the estimate and the contract. Fees submitted for a quote are valid for 3 months from the date of submission.
Additional professional expenses (work session, trips to the factory, suppliers, exhibition and factory visits) will be covered at actual cost, after agreement between the parties to the contract. Additional and actual travel costs (transport, accommodation, meals), customer meetings, trips to production sites, visits to trade fairs or suppliers at the customer's request, are considered additional costs. The service provider's costs will be covered from his place of residence to the final destination (workplace, factory, fair)
Usual mission contract:
Delivery and work begins when the contract is signed and the deposit is paid. The deposit is not refundable.
Important: as stipulated in the remuneration conditions (art3 of the contract), the start of the execution of the contract is confirmed by the signing of this contract and the receipt of the 30% deposit.
The deposit not refundable, it books the provider's schedule. The deposit amount must be received in the supplier's bank account within 5 (five) working days of the signing of this contract. Interim payments must be made upon delivery of the relevant intermediate stage within 8 (eight) days after the invoice has been sent. In the event of withdrawal by the client within two weeks of the intervention or defined date of return or end of mission, the entire cost is due. The mission balance is payable on delivery at the end of the mission.
Payment of the balance must be made upon receipt of the work within 8 (eight) days of sending the invoice.
Payment of the balance will result in the transfer of intellectual property rights to the designs and works to the client. In the event of non-payment of the balance within 8 (eight) days, all the drawings and work will remain the property of the service provider until payment. The contract can be terminated if the customer does not pay the amount fixed by article n° 3, 30 (thirty) days at the latest after the issue of the invoice.
Only members who have paid the fees for the master class have full and permanent access to online courses and masterclasses. Fees are listed on the purchase page. The purchase of access to the masterclasses is not refundable. More info at: email@example.com. The content, shared tools and information are the property of Entada Textile, and their distribution and reproduction are prohibited. According to articles L.111-1 and L.123-1 of the intellectual property code, any reproduction or distribution without the written consent of Entada Textile will be considered a violation of copyright.
According to article 1122 of the Civil Code, resulting from the reform of contract law, a forfeiture clause is applied in the event of cancellation of an estimate or contract. The amount of this clause will represent 30% of the amount of the balance due to the provider ENTADA TEXTILE. This clause releases the parties from their obligation to perform the contract. A forfeiture clause is not an installment clause.
The withdrawal clause does not constitute a penalty clause3, so that this clause cannot be reduced by the judge by application of articles 1152 and 1236 of the civil code. The Court of Cassation highlighted the distinction to be made between the revocation clause and the penalty clause (Cass. com., Jan. 18, 2011, n°09-16863). This distinction is important: the first cannot be revised by the judge, unlike the penalty for revocation, which cannot be reduced by the judge (Cass. com., January 22, 2013, appeal no. 11-27293 see on this distinction, the new article 1231-5 of the Civil Code relating to the penalty clause).
INTELLECTUAL PROPERTY & COUTERFEITS
Aude PENOUTY & ENTADA TEXTILE are the owners of the intellectual property rights or hold the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except with the prior written authorization of: Aude PENOUTY & ENTADA TEXTILE
Any unauthorized use of the site or the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
Aude PENOUTY & ENTADA TEXTILE cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the site https://entadatextile.com/ and resulting either from the use of equipment or supplier product not meeting the specifications indicated or the appearance of an incompatibility problem, in particular for downloading or consulting masterclasses
Aude PENOUTY & ENTADA TEXTILE cannot be held liable for direct or indirect damage caused to the material or the product and resulting either from the use of a material or supplier product that does not meet the specifications indicated after execution of the contract, or from the appearance of an incompatibility problem.
Aude PENOUTY & ENTADA TEXTILE cannot also be held liable for consequential damages (such as loss of market or loss of opportunity) resulting from the use of the site https://entadatextile.com/ or after a mission .
Interactive spaces (possibility to ask questions in the contact space) are available to users. Aude PENOUTY & ENTADA TEXTILE reserve the right to delete, without prior notice, any content posted in this space which would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, Aude PENOUTY & ENTADA TEXTILE also reserve the right to challenge the civil and/or criminal liability of the user, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the media used (text, photography, videos, etc.).
The parties expressly declare that they are and will remain, throughout the duration of this contract, commercial partners and independent professionals. In any case, the service provider cannot be considered bound by an exclusive contract with the client.
APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION:
This contract will be governed and interpreted according to French law. Any dispute or dispute that may arise between the parties arising from the application, interpretation, execution and termination of this contract will be the subject of an attempt to conclude an amicable agreement. In case of failure, the dispute will be brought to the Commercial Court of Toulon, France.