Overview
The general terms of sale and provision of services (hereinafter “the General Terms”) of the micro-enterprise Pascal Degut EI, made up of this Preamble and the clauses that follow it, are concluded between, on the one hand, the micro-entrepreneur Pascal Degut EI as described in the “Legal notice” document and, on the other hand, the Client, meaning the natural or legal person who has accepted a quote issued by the micro-entrepreneur Pascal Degut EI. The website https://www.pascaldegut.com/ is hereinafter referred to as “the Site”.
No other contractual provision arising from documents sent or handed over by the Client may be incorporated into these terms. Only the express acceptance by Pascal Degut EI of any such document may be relied upon against it.
The Client here means a consumer, a non-professional or a professional. However, only consumers and non-professionals have specific rights, set out in particular in the French Consumer Code. Conversely, where contracts are concluded in a professional capacity, the Client acknowledges that these rights do not apply.
The Client declares that they have the legal capacity to enter into a contract.
A Client not resident in France must check that the law applicable to them allows them to enter into this type of contract. The existence of the Site cannot be described as an act of solicitation, and the contract concluded between the Client and the micro-entrepreneur Pascal Degut EI is a distance contract.
1. Terms of use of our website
The purpose of these General Terms is to set out the conditions under which any order for services presented on the Site takes place.
By accepting these General Terms of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Using our services for any illegal or unauthorised purpose is prohibited, and you must not, in using the Service, breach the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses or any other code of a destructive nature.
Any infringement or breach of these General Terms of Sale and Use will result in the immediate termination of your Services.
2. General conditions
We reserve the right to refuse access to the services to anyone, at any time, for any reason.
You understand that your content may be transferred unencrypted, and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for convenience and do not limit or affect these Terms.
3. Accuracy, completeness and timeliness of information
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for guidance only and should not be your only source of information for making decisions without first consulting more accurate, more complete and more up-to-date sources. If you choose to rely on the content presented on this site, you do so at your own risk.
This site may contain some historical information. Historical information is, by nature, not up to date and is provided for guidance only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Pricing
4.1. Currency, VAT and other taxes
Prices shown on the Site and in quotes are expressed in euros (€). Pascal Degut EI is under the French VAT exemption scheme for small businesses (franchise en base de TVA): VAT not applicable, Article 293 B of the French General Tax Code. The amount on the quote is the amount invoiced.
In the event of an obvious and gross typographical error in the displayed price, the contract may be cancelled.
4.2. Price changes
We may change the prices of our services at any time. However, changes will not apply to contracts validly formed beforehand, nor to quotes already accepted.
5. Payment
5.1. Settlement
The price is paid according to the terms and schedule set out in the quote accepted by the Client.
Pascal Degut EI may, exceptionally, allow payment in several instalments, in particular in view of the amount due and of what it knows about the Client concerned. However, it is under no obligation to grant such payment terms.
5.2. Payment methods
Payments are made by bank transfer, to the account details shown on the invoice.
5.3. Suspension
The micro-entrepreneur reserves the right to suspend the performance of a service in the event of non-payment.
Pascal Degut EI reserves the right to refuse to fulfil an order from a Client who has not paid this order in full, or a previous order in part, or with whom a payment dispute is being handled, without prejudice to any damages the micro-entrepreneur may claim.
6. Archiving and proof
Computerised records, kept under reasonable security conditions, will be considered proof of the communications, orders and payments made between the parties.
Accepted quotes and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the French Civil Code.
The micro-entrepreneur's computerised records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
The Client may access the archived items on request to contact[at]pascaldegut.com
7. Changes to an order
The expected service gives rise to a quote describing the assignment to be carried out and detailing its characteristics, in particular: nature, timelines, place of performance, price.
The Client will therefore know, before the contract, the characteristics and price of the services.
As orders are final and irrevocable, any request by the Client to change the service ordered must be submitted for the Provider's acceptance.
The Provider undertakes to provide a service that complies with the legal requirements in force and with the contractual requirements.
In the event of disagreement on certain points of the service, the Provider reserves the right to correct it in cooperation with the Client.
Delivery of the files constitutes acceptance and completion of the service and of the associated revisions.
8. Delivery time
Subject to the Provider receiving all the documents covered by the service, the delivery time, given for guidance and stated on the quote, must be respected by the Provider as faithfully as possible.
It is specified that delivery times are given for guidance only, and failure to meet them cannot, in principle, give rise to late-delivery penalties. In any event, the Provider cannot be held liable for direct or indirect damage caused to the Client or to third parties by a delay in delivery due in particular to force majeure or to a possible transmission problem.
9. Confidentiality
The Provider undertakes to respect the confidentiality of information brought to its attention before, during or after the performance of its service.
The submission of your personal information on our site is governed by our Privacy Policy, available at the following link.
10. Cancellation
10.1. Withdrawal conditions for the provision of Services
If an order in progress is cancelled, for whatever reason, by written notice to the Provider, the work already done is invoiced to the Client at 100% (one hundred per cent) and the work remaining to be done at 50% (fifty per cent).
For a fixed-price assignment, the amount will be calculated on the basis of the Provider's average daily rate, set here at €600 per day, multiplied by the number of working days following the date of purchase.
Refund terms are issued within a maximum of 14 days from the date on which the Provider receives the letter. Failing this, the Provider is liable to pay late-payment interest.
11. Third-party resources
11.1. Optional tools
We may provide you with access to third-party tools that we neither monitor, control nor influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We will have no liability arising from or relating to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the terms on which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these General Terms of Sale and Use.
11.2. Third-party links
Some content, products and services available through our Service may include material from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant and accept no liability for any content, website, product, service or other item accessible on or from these third-party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction carried out in connection with these third-party websites. Please read the third parties' policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products must be directed to those third parties.
12. Disclaimer of warranties and limitation of liability
We do not guarantee or claim in any way that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notifying you beforehand.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, express or implied, including all implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Pascal Degut EI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service Providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
13. Miscellaneous provisions
You can view the most recent version of the General Terms of Sale and Use at any time on this page.
The General Terms may be changed by Pascal Degut EI at any time to incorporate, on the one hand, any legislative or case-law change applicable in particular to e-commerce and, on the other hand, any technical or technological development improving the Site.
If any provision of these General Terms is void, it will be deemed unwritten, but will not render the other contractual provisions void.
Any tolerance or waiver by one of the Parties in applying all or part of the commitments made under these General Terms, however frequent and long-lasting, shall not amount to an amendment of the General Terms nor create any right whatsoever.
14. Dispute resolution
14.1. Complaints
In the event of a dispute of any kind, and before any legal action, the parties undertake to seek an amicable solution.
Any complaint must be sent to the business's customer service at the following address: contact[at]pascaldegut.com.
14.2. Mediation
If a complaint made to customer service fails, or if customer service does not reply within 15 days, the consumer, non-professional or professional Client may submit the dispute with their contracting party to conventional mediation.
The mediator will try, independently and impartially, to bring the parties together with a view to reaching an amicable solution.
The parties undertake to do their best to give this conciliation every chance of success. They undertake to act in full good faith.
14.3. Governing law and jurisdiction
These General Terms are governed by and must be interpreted in accordance with French law.
If the Client is a professional, exclusive jurisdiction is expressly granted to the court of Lyon 3rd arrondissement to settle any dispute relating to the service and these general terms.
15. Contact details
Questions about the General Terms of Sale and Use should be sent to us at contact[at]pascaldegut.com.