General Terms and Conditions of Sale
Updated on 27 October 2026
Translation notice. This document is a translation of the original French version of these General Terms and Conditions of Sale. In the event of any discrepancy or difference of interpretation between the two versions, the French version shall prevail.
Definitions
The term “Client” means any legal entity, or any natural person acting in the course of their professional activity, who places an order with the Art Director. These terms and conditions do not apply to consumers.
The term “Art Director” means Théo Collier-Giovacchini EI, a sole trader (entrepreneur individuel) registered under SIREN number 849 768 007 (NAF code 7410Z), intra-community VAT number FR85849768007, whose place of business is located at 10 Mail Pierre Desproges, 93500 Pantin.
The term “Deliverable” means each of the items that the Art Director undertakes to deliver to the Client, as listed in the “Description” field of the quote.
1. Purpose and scope
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties for any order placed by a Client with the Art Director in the course of his graphic and/or animated design activity (design, variations and consulting).
Any order entails the Client’s full and unreserved acceptance of these general terms and conditions of sale.
Specific conditions agreed in writing between the parties (quote, email…) take precedence over these terms. The Client’s purchasing conditions apply only if the Art Director has accepted them in writing.
The service comprises exclusively what is listed in the “Description” field of the quote.
The Art Director reserves the right to modify his general terms and conditions of sale, packages and rates at any time and without notice. Such modifications shall have no effect on orders in progress.
2. Order
2.1 Placing an order
Any order becomes firm and final as soon as the Client approves the Art Director’s quote in writing (signature, bon pour accord approval notation, email or written message).
Quotes issued by the Art Director are valid for one month from their date of issue. They may be revised before approval, in particular in light of changes to the specifications.
2.2 Commencement of work and timeframes
Work will begin once all documents (approved quote and general terms and conditions of sale), any deposit, and the materials (content, access, information) required for the proper performance of the assignment are available to the Art Director.
However, in the event of an urgent request or special circumstances, the Art Director may begin work before the quote is approved, upon the Client’s mere written consent. Such consent constitutes acceptance of these terms. If the quote is not subsequently approved, the work performed is invoiced pro rata to the estimate provided.
Timeframes agreed in writing run from the commencement of work. Unless otherwise agreed in writing, they are indicative and are postponed accordingly by any delay on the Client’s part in its approvals or in providing the requested materials.
2.3 Changes to the order
Any change to the order requested by the Client must be accepted in writing by the Art Director. It may result in a revision of the price and timeframes.
2.4 Suspension and refusal of orders
For as long as an invoice that has fallen due remains unpaid, the Art Director may suspend performance of the order in progress, and refuse or defer performance of any other order, without compensation to the Client.
3. Obligations of the parties
3.1 Client’s responsibilities
In order to enable the assignment to be carried out under the best possible conditions, the Client undertakes to provide accurate and truthful information. Failing this, or if its instructions lack precision, creative choices are left to the Art Director’s free discretion.
The Client remains solely responsible for the legal, regulatory or ethical compliance of the content it provides or approves, as well as for compliance with third-party rights in the content it provides, and is the sole decision-maker regarding the choices made, including where such choices follow recommendations made by the Art Director.
The Client undertakes to inform the Art Director of any change concerning the information provided, including its contact details, and shall be solely responsible for any malfunctions that may result from inaccurate information.
3.2 Art Director’s responsibilities
The Art Director warrants that his creations are original and do not knowingly reproduce a pre-existing work. This warranty covers neither the availability of the Deliverables as a trademark, business name or domain name, the verification of which is the Client’s responsibility prior to any filing or use, nor the elements supplied or imposed by the Client.
For third-party elements that he incorporates (in particular typefaces, music, images, voices), he warrants that he has selected them under licences compatible with the agreed uses.
The Art Director undertakes to keep the Client regularly and effectively informed of the progress of the project, in particular through approvals submitted to the Client.
4. Performance of the assignment
The Art Director reserves the right to choose his place of work and his means of performance, and organises his activity according to the requirements of the project.
Any travel required for the assignment is subject to prior agreement between the parties, which sets out, where applicable, the invoicing terms for such travel. When work takes place on the Client’s premises, the Client shall provide access and inform the Art Director of the rules applicable on site.
The Art Director may entrust part of the assignment to collaborators of his choice. He remains solely responsible for their work towards the Client, imposes the same confidentiality on them and ensures that he holds the rights to their contributions.
5. Approval of work
5.1 Approval procedure
The Client undertakes to carefully review the items submitted to it during the course of the work, whether they correspond to an intermediate stage or to the final Deliverable, and to send its approvals and requests for changes in writing. The parties agree that taking into account requests for changes made by other means, in particular orally, is left to the Art Director’s discretion. Any item that has been neither approved nor the subject of a request for changes within fifteen calendar days of being sent is deemed approved.
5.2 Revision rounds
Each Deliverable includes two revision rounds, unless otherwise agreed in writing. A revision round means a set of requests for changes grouped in a single submission. Any approved item is definitively settled. Any change beyond these revision rounds, as well as any reopening of an approved item, may be subject to an additional quote and a new timeframe.
5.3 Effects of approval
Any approval, whether express or tacit, constitutes acceptance of the corresponding work. The Art Director therefore cannot be held liable for apparent errors or omissions not reported by the Client. Intermediate approvals relate to creative choices and content; the technical conformity of the files remains the Art Director’s responsibility until approval of the print proof (bon à tirer) or the final file.
Before any production or distribution, the Art Director may ask the Client to approve a print proof or the final file in writing. Any Deliverable produced or distributed at the Client’s initiative without written approval is deemed approved. On-screen colour rendering, which varies according to devices and their settings, is indicative only; colour discrepancies due to the screen or inherent in production are not attributable to the Art Director.
6. Prices
Prices are flat-rate and set by quote, according to the nature and scope of each Deliverable and the extent of the rights assigned. They are expressed in euros exclusive of tax, with VAT applied where applicable at the rate in force on the invoice date.
The price of an approved quote is firm. Any service not provided for in the quote is subject to an additional quote.
7. Invoicing and payment
Unless a payment schedule has been agreed in writing, each Deliverable is invoiced upon its final approval.
Invoices are payable upon receipt by bank transfer, unless a payment period has been agreed in writing. No discount is granted for early payment.
Any late payment renders payable as of right, from the day following the due date, penalties calculated at three times the legal interest rate in force. A fixed indemnity of €40 for recovery costs is added to these penalties.
8. Cancellation and closure of the order
The order may, in particular, end before its completion in two cases: its cancellation, in whole or in part, by the Client; its closure, notified by the Art Director, when a written request for a response or for necessary materials, mentioning this risk of closure, has remained unanswered for thirty calendar days.
In both cases, any deposit paid upon ordering shall be retained by the Art Director, as compensation for the time reserved for the project. If the value of the work performed, pro rata to its progress, exceeds the deposit, the difference is immediately invoiced to the Client. In the event of partial cancellation, these rules apply only to the cancelled part and to the portion of the deposit corresponding to it.
The items that have been approved and paid in full are handed over to the Client, and any subsequent resumption of the work will be subject to a new quote and new invoicing.
9. Intellectual property
9.1 Assignment of rights
The Art Director, as author of the creations, assigns to the Client, on an exclusive basis, the rights of reproduction and representation of each approved final Deliverable, within the limits of uses, media, territory and duration agreed in writing, and in consideration of the price stated in the quote. In the absence of written specification on any of these points, the assignment applies to the Client’s communication on the internet, worldwide, for five years. It takes effect upon full payment of the sums due for the Deliverable; until then, the Client holds only a provisional right of exploitation, within the same limits, which terminates as of right in the event of non-payment by the due date.
9.2 Limits of the assignment
Unless otherwise agreed in writing, the assignment includes neither the right to modify the Deliverables or create variations of them, including by means of artificial intelligence, nor the right to use them for text and data mining, in particular to train such systems. The Art Director objects to such mining within the meaning of Article L. 122-5-3 of the French Intellectual Property Code (Code de la propriété intellectuelle).
An idea proposed by the Client does not in itself constitute a creation. Preparatory and intermediate work (unselected concepts, research, sketches, storyboards, animatics, working versions) is not assigned. Source files are not provided, unless stated in the quote. No handover of files extends the rights assigned.
The Art Director’s pre-existing tools and elements, which he remains free to reuse, are assigned only as incorporated into the Deliverables and on a non-exclusive basis. Third-party elements (in particular typefaces, music, images, voices) are governed by their own licences.
10. Confidentiality and references
The Art Director keeps strictly confidential, during the assignment and thereafter, the non-public information relating to the Client of which he becomes aware in this context, except where disclosure is required by law.
Unless the Client objects in writing upon approval of the quote, the Art Director may nevertheless present the Deliverables and their preparatory work to promote his activity, and name the Client. Before the Deliverables are distributed, such presentation remains restricted (private link, password, meeting).
11. Liability
Except in the case of gross negligence or wilful misconduct (faute lourde ou dolosive), the Art Director’s liability is limited to the amount, exclusive of tax, of the order concerned and cannot be incurred for any indirect or intangible loss.
As the Deliverables are, after their delivery, exploited outside the Art Director’s control, the Art Director disclaims all liability relating to their use not in accordance with their intended purpose, their modification or their implementation by the Client or by a third party, as well as to the operation of the media and environments on which they are distributed.
12. Force majeure
Force majeure means any event beyond the reasonable control of the party invoking it, including that party’s incapacity, and preventing it from performing its obligations.
The prevented party undertakes to inform the other party in writing as soon as possible. The affected obligations are then suspended as of right, without compensation, for the entire duration of the impediment. Force majeure does not, however, suspend the payment of sums that have fallen due.
If the impediment continues beyond sixty calendar days from its notification, the order may be terminated by whichever party acts first, by registered letter with acknowledgement of receipt, without compensation on either side. The sums corresponding to the work performed at the date of termination are then due, and the approved items are handed over to the Client against payment.
13. Governing law and disputes
These terms are governed by French law. In the event of a dispute, the parties shall first seek an amicable solution before referring the matter to the competent court.