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TERMS AND CONDITIONS OF SALES (T&C)
1 – CONTRACTING PARTIES

The term “Service Provider” refers to Anju Draw - Gabrielle Renaudon, an independent Graphic Designer and Illustrator.

The term “Client” refers to any natural or legal person who has requested the services of Gabrielle Renaudon for any creation within the scope of graphic design expertise.

The term “Third Party” refers to any natural or legal person who is not a party to the contract.

The term “Service(s)” refers to all services that may be provided by Gabrielle Renaudon, including but not limited to:

• Consulting and graphic design services (visual identity, layout design, creation of print and web materials, etc.).
• Consulting and illustration services (creation of illustrated visuals, character or environment design, etc.).

2 – GENERAL TERMS

The purpose of these General Terms and Conditions of Sale (GTC) is to define the rights and obligations of the parties in the sale of products created by the Service Provider for its Clients as part of its commercial activity in graphic design and creation.

The Service Provider reserves the right to modify its general terms and conditions of sale, service packages, and pricing at any time and without prior notice. These modifications will not affect ongoing orders.

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If the Client is an individual, they acknowledge that they are of legal age in accordance with the laws of their country of residence.

By using the services of Gabrielle Renaudon, the Client acknowledges having read and unreservedly accepted these General Terms and Conditions of Sale, as well as the provisions stated in the Excerpt from Law No. 57-298 of March 11, 1957, on Artistic Property – J.O. of March 14, 1957 (attached as an annex).

To confirm their agreement, the Client must check the box “GTC read and approved” on each quotation and accompany it with their signature and stamp in the designated area.

3 – COMMITMENTS OF THE PARTIES

In general, the Client and the Service Provider agree to actively collaborate to ensure the successful execution of the contract.
Each party undertakes to communicate any difficulties they become aware of as the project progresses, allowing the other party to take the necessary measures.
a/ The Client

To enable the Service Provider to carry out their work, the Client agrees to:

  • Provide a detailed project brief that will not be modified after approval by the Service Provider, unless both parties agree. If modifications require substantial revisions to the initial brief, these will be invoiced in addition to the initial quote.

  • Provide accurate and truthful information and notify the Service Provider of any changes to the provided data. The Client is solely responsible for any malfunctions resulting from incorrect information. The Client must maintain a valid email and postal address.

  • Submit the order form/quote (dated, signed, and stamped).

  • Provide all necessary documentary, graphic, and textual elements for the proper execution of the contract, ensuring they are in the correct formats for the intended use. The Client is responsible for providing all legal information to be included in the documents and assumes responsibility for the content.

  • Hold the necessary rights for all provided elements. The Client bears sole responsibility in case of any legal issues related to these elements.

  • Actively collaborate on the project’s success by supplying the Service Provider with all relevant information and documents in a timely manner.

  • Strictly adhere to the technical and creative recommendations made by the Service Provider.

  • Indemnify the Service Provider against any claims arising from the nature of the data or information (texts, images, sounds) provided or chosen by the Client.

  • Pay the Service Provider within the agreed deadlines.

  • Inform the Service Provider if the project is being considered by other providers.


b/ The Service Provider

  • If necessary, the Service Provider may assist in developing the project brief together with the Client.

  • The Service Provider guarantees that the created materials are legally available and do not infringe upon the rights of third parties, whether employees or non-employees of the Service Provider, for the intended uses defined in the contract.

  • The Service Provider commits to regularly updating the Client on the project's progress, particularly through validation steps.

  • Under confidentiality terms, the Service Provider agrees to keep all information and documents related to the Client strictly confidential during the contract period and after its termination, regardless of the reason.

4 – ADDITIONAL COSTS

Various elements that may be necessary for the execution of the Service Provider's work and that are not included in the standard offers are not covered by the indicated prices. These elements may include typography fonts, photographs, or illustrations from stock image libraries.

Additionally, the following will be invoiced separately:

  • Any modifications requested by the Client during the project that require a substantial revision of the initial design (author corrections).

  • The textual content required for the product’s creation must be provided by the Client.

  • Any travel expenses necessary for the proper execution of the contract may also be charged to the Client.

5 – ORDER FORM AND COMMENCEMENT OF SERVICES

The quotation and the General Terms and Conditions of Sale (GTC) signed by the Client together constitute acceptance of the terms and serve as an order form and contract. This must be accompanied by a payment of 30% of the total price of the Services to be provided.

The Services will commence once all required documents (signed quotation and GTC, 30% of the total amount paid) and all necessary graphic and textual materials for the proper execution of the contract are made available to the Service Provider.

6 – VALIDATIONS

6-1 – After the creation phase(s) of the project (e.g., layout, sketching, inking, coloring, proofing, etc.), the Client agrees to provide clear and explicit validation to the Service Provider by sending a dated and signed email or letter.

6-2 – In the absence of validation or a request for modification of the drafts by the Client within fifteen days, they will be considered as approved by both parties. The work completed, delivered, and tacitly approved implies that the corresponding amounts are due.

7 – INVOICE AND PAYMENT

Unless an extended payment deadline has been explicitly granted, the invoice payment is due and requested on the delivery date. Payment must be made via bank transfer or PayPal to Gabrielle Renaudon. In case of late payment (30 days after the invoice issuance), penalties will be applicable without the need for a reminder, in accordance with the law.

These penalties amount to 5% of the total invoice amount per day of delay.

In addition to these daily penalties, a Fixed Recovery Compensation of €40 will be charged to cover the collection costs incurred by the Service Provider. This amount is fixed and applies to each overdue invoice.

As with late payment penalties, this compensation is due automatically without the need for a reminder from the Service Provider.

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8 – TERMINATION CLAUSE AND DEPOSIT

In the event of contract termination by the Client before its completion, the Client formally agrees to settle and compensate for the services provided or in progress, as well as any additional services performed.

To this end, a compensatory indemnity of 40% of the total order amount will be required, in addition to the initial deposit already paid. This deposit remains acquired by the Service Provider as part of the compensation for the work undertaken.

All rights (including copyright, moral, and economic rights) remain the exclusive and full property of the Service Provider, except for the data provided by the Client.

The source files and data created and used by the Service Provider cannot be claimed by the Client without financial contribution. The mock-ups, and more broadly, all original works, remain the property of the Service Provider, including any rejected projects.

9 – INTELLECTUAL PROPERTY

a/ Work Performed
The entirety of the work produced and the related rights, subject to the order, remain the full and exclusive property of the Service Provider until all invoices issued have been paid in full by the Client, up to the total amount of the order and any amendments agreed upon during the service. Consequently, the Client will become the rightful owner of the assigned rights only upon the final payment of all invoices issued by the Service Provider within the scope of the order.

Unless otherwise stated in the quotation, production files and source files remain the property of the Service Provider. Only the final product will be delivered to the Client. If the Client wishes to obtain the source files, an amendment to this agreement must be requested.

b/ Transfer of Rights
The transfer of these rights applies only to the use specifically outlined in the quotation. Any further or different use requires a new agreement. Modifications or reinterpretations of a graphic creation may not be made under any circumstances without the consent of the Service Provider. The signature may not be removed without the Service Provider's approval. An idea proposed by the Client does not constitute a creation in itself.

Any modification of the work by the Client is strictly prohibited. Any work created for personal use may under no circumstances be used commercially.

10 – COMMERCIAL CREDIT

Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include a commercial credit in the final work, clearly indicating their contribution. This may take the form of a statement such as “Graphic Design by AnjuDraw or Gabrielle Renaudon: Graphic Designer – Illustrator,” along with a hyperlink to their business website (www.anjudraw.com), when the medium allows.

11 – RIGHT TO PUBLICITY

The Service Provider reserves the right to mention the work completed for the Client in their external communications and promotional materials (website, portfolio, etc.), as well as in commercial prospecting efforts.

12 – WORK DISABILITY

In the event of work incapacity due to illness or accident, the Service Provider reserves the right to adjust the current schedule without the Client being entitled to any compensation. The Service Provider agrees to inform the Client of their incapacity from the first business day of the interruption.

13 – FORCE MAJEURE

Neither party shall be held liable or deemed to have failed in their contractual obligations when the non-performance of said obligations is due to force majeure. The contract between the parties will be suspended until the causes of force majeure cease.

Force majeure includes irresistible, external, unforeseeable circumstances beyond the parties’ control, despite all reasonable efforts to prevent them. These include but are not limited to: transportation or supply blockages, earthquakes, fires, storms, floods, lightning, telecommunication network failures, including all Internet networks, or difficulties related to external telecommunication networks.

The affected party must notify the other within five (5) business days from the date they become aware of the force majeure event. Both parties will then agree on the terms for resuming contract execution.

14 – DISPUTE RESOLUTION – JURISDICTION

This contract is governed by French law. In the absence of an amicable agreement, any dispute concerning the interpretation or execution of this contract shall, failing an amicable resolution between the parties, be submitted to the competent courts of La Rochelle, which are expressly granted jurisdiction.

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