Article 1 — Purpose and scope
These general terms of sale (GTS) apply to all services provided and products sold by Com un Gâté (Dyna Trouillard, SIRET 13033421200011, Marseille). Any order implies acceptance of these GTS.
Terms
General terms of sale
Services and product sales. VAT not applicable, art. 293 B of the French Tax Code. The French version prevails in case of discrepancy.
Article 2 — Prices and VAT
Prices are stated in euros. Com un Gâté benefits from the VAT basic exemption scheme: no VAT is charged. VAT not applicable, art. 293 B of the French Tax Code (CGI).
A. Services
Article 3 — Services covered
Content creation, community management, social media management and content creation, digital communication, SEO, communication strategy, graphic design, visual identity, posters, flyers, leaflets, communication materials, website creation or support, communication advice and support. For custom services, features, prices, timelines, deliverables and terms are specified in the corresponding quote.
Article 4 — Quote and order
Each service is subject to a quote. The order is firm once the dated and signed quote is returned (or accepted in writing), together with any deposit provided for.
Article 5 — Deposit and payment
Where provided for in the quote, a deposit is paid with the order. The balance is payable according to the terms and deadlines stated on the quote or invoice. In the event of late payment by a business client, late-payment penalties at the statutory rate and a fixed recovery fee of €40 are due.
Article 6 — Performance and timelines
Stated timelines are estimates. They run from receipt of the deposit and of all necessary materials. Any delay in the client's submissions postpones the timelines accordingly.
Article 7 — Client obligations
The client provides in good time the files, texts, images and information required, and warrants that they hold the rights to the materials supplied.
Article 8 — Changes and additional requests
The number of revision rounds included is specified in the quote. Beyond that, or for any request outside the initial scope, an additional quote is issued.
Article 9 — Final approval
The service is deemed accepted upon the client's written approval or, failing that, if no reservation is made within 8 days of delivery.
Article 10 — Cancellation and interruption
If the client cancels after the service has started, the deposit is retained and work already completed is invoiced pro rata.
Article 11 — Intellectual property and transfer of rights
Creations remain the property of Com un Gâté until full payment. Any transfer of exploitation rights (media, duration, territory) is specified in the quote; failing that, only a right of use consistent with the purpose of the order is granted. Unless the client objects in advance, Com un Gâté may present and share the creations made for them as professional references and for the communication and promotion of its business, in particular in its portfolio, on its website, on Instagram, on TikTok, on its other professional social networks and in its communication and sales presentation materials. Such presentation does not transfer to Com un Gâté any rights held by the client over their trademarks, logos and content.
B. Product sales
Article 12 — Products
Com un Gâté may sell physical products: prints, posters, printed graphic creations, stationery, printed materials and other physical creations. Their essential features are presented before ordering; slight colour variations may exist between screen and print.
Article 13 — Order, payment and confirmation
The order is confirmed after full payment. A confirmation is sent to the client by email.
Article 14 — Delivery
Products are delivered to the address given by the client. Delivery costs and times are specified before the order is confirmed. The client checks the parcel on receipt and reports any damage as soon as possible.
Article 15 — Damaged or non-conforming products and legal warranties
Products benefit from the legal guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). If a product is damaged or non-conforming, the client contacts Com un Gâté for an exchange or refund.
Article 16 — Right of withdrawal
For standard products bought remotely, the consumer client has 7 days from receipt to withdraw, without giving a reason; return costs are borne by the client and the refund is made within 7 days of receiving the return. In accordance with article L.221-28 of the French Consumer Code, this right does not apply to products made to the client's specifications or clearly personalised. For services, the 7-day period runs from the order; if the client expressly asks for work to start before the end of this period, they remain liable for the work carried out.
Article 17 — Intellectual property of products
Buying a print, poster or any other physical creation does not transfer any intellectual property rights in the creation: any reproduction or commercial exploitation is prohibited without written consent.
Common provisions
Article 18 — Clients outside France
Com un Gâté may work for clients located abroad, mainly in Europe. Prices are set and payable in euros; any bank or currency exchange fees are borne by the client. As Com un Gâté benefits from the VAT basic exemption scheme, no French VAT is charged (VAT not applicable, art. 293 B of the French Tax Code); the client remains responsible for any taxes or reporting obligations applicable in their country. Travel, accommodation and, where applicable, equipment transport costs for work outside France are specified in the quote. Deliverables are sent electronically unless otherwise stated. These GTS, written in French, remain governed by French law.
Article 19 — Liability and force majeure
Com un Gâté is bound by an obligation of means. Its liability cannot be engaged in the event of force majeure or incorrect materials supplied by the client, and is limited, for business clients, to the amount of the service concerned.
Article 20 — Mediation and disputes
These GTS are governed by French law. Com un Gâté works with business clients. In the event of a dispute, an amicable solution is sought first; failing that, the dispute is brought before the competent courts.