General Sales Conditions

GENERAL
These General Terms and Conditions of Sale govern the relationship between CVS Marketing, a SASU with capital of 2,500 euros, registered with the Evry Trade and Companies Register under number 838 199 032, whose registered office is located at 13, rue des Maraichers - 91180 Saint Germain les Arpajon, hereinafter referred to as the "Service Provider" on the one hand,

and any individual or legal entity wishing to obtain advice and services in the various phases of defining and implementing a marketing, digital and communications strategy, hereinafter referred to as the "Customer".

These general terms and conditions of sale apply to all offers and sales of marketing services, hereinafter referred to as "the service".

All orders imply the Customer's automatic acceptance of these general terms and conditions, regardless of the Customer's general terms and conditions of purchase, which may not be invoked against the Service Provider, even if they are communicated subsequently to these general terms and conditions.

If one of the clauses of these general terms and conditions of sale should be null and void or annulled, the other clauses shall not be rendered null and void.

The fact that the Service Provider does not apply any article of these terms and conditions at a given time may not be interpreted as a waiver of the right to apply the said terms and conditions at a later date.

QUOTE / ORDER
All orders, including those placed by telephone or email, must be confirmed in writing.

The order may be placed by returning the quotation or offer from the Service Provider, duly signed, dated and bearing the handwritten words "approved".

Any addition to or modification of the order is only binding on the Service Provider if it has been the subject of an additional quotation/order form or amendment formally accepted by the Customer.

Orders placed by the Service Provider's employees are valid only if they have not been cancelled in writing by the Service Provider within eight days of receipt.

If, at the time of a previous order, the Customer has failed to meet one of its obligations (default or late payment, for example), the sale may be refused, unless the Customer provides satisfactory guarantees or payment on order.

Projects, studies, plans, diagrams and documents of any kind submitted or sent by the Service Provider in connection with a request for a quotation remain the Service Provider's entire property. They must be returned to the Service Provider on first request and may not be reproduced, communicated to third parties or executed for any reason whatsoever by the Customer without the Service Provider's written authorisation. The Customer becomes the owner after formal acceptance of the quotation in question.

PRICE
The prices invoiced are those established on the day of the order on the basis of the economic conditions in force and are valid for a maximum period of one month. They exclude Value Added Tax and will be increased by Value Added Tax and/or any other similar taxes that may become due, at the rate applicable at the time they become due.

PAYMENT / PENALTY CLAUSE
Unless otherwise stipulated, a sum representing 30 % of the total price of the service shall be received at the time the order is placed, as a deposit. The Service Provider is entitled to make any interim invoices depending on the progress of the work. The balance is payable on receipt of the invoice or on signature of the document recording completion of the service. In the event of early payment, no discount will be applied.

The Service Provider reserves the right to demand payment in full for the service from the moment the order is placed.

Whatever the method of payment agreed between the parties, payment will only be considered to have been made once the price has actually been received.

Payment by cheque may only be made by cheque drawn in euros on a French bank.

In the event of partial payment, this will be deducted first from the late payment penalties, then from the current instalments in descending order of age.

In the event of non-payment, even partial, on the due date, the Service Provider reserves the right to terminate the contract or suspend performance of the services in progress.

The parties expressly agree that all reciprocal debts and claims which they have against each other in respect of their commercial relationship are connected in such a way that they serve as mutual security and compensate each other, even if the conditions required by law for legal compensation are not all met.

In accordance with article L441-6 of the French Commercial Code, late payment penalties apply if the sums due are paid after the payment date shown on the invoice. These late payment penalties are calculated on the basis of five times the legal rate.

If the Customer's failure to act makes it necessary to take legal action to recover the debt, the Customer undertakes to pay, in addition to the principal, costs, expenses and emoluments ordinarily and legally payable by the Customer, compensation set at 10 % of the principal amount of the debt, including VAT, with a minimum of 150 euros, by way of conventional, fixed-rate damages.

If the sale is cancelled for non-payment, the sums paid by the Customer will be purely and simply acquired by the Service Provider.

In the event of total or partial non-payment of an order on the due date, the sums due in respect of this order or other orders already executed or in the course of performance shall become immediately payable after formal notice has been served.

RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The Customer must provide the Service Provider with the prerequisites mentioned in its service proposal prior to the provision of the service. In the event of non-compliance of the prerequisites with the contract or order form, the Customer undertakes to bear the additional cost of such non-compliance by accepting the additional quotation or amendment to the contract submitted by the Service Provider in such a case.

The Customer is solely responsible for providing the Service Provider with all the information and documents required to perform the service.
If there is more than one Service Provider, the Customer is responsible for coordinating and interacting with the other Service Providers.

The Customer must notify the Service Provider of any change to the start date of the service no later than five working days before the date initially scheduled. Should the Customer fail to comply with this rule, the Customer undertakes to pay compensation representing a minimum of 20 % of the amount excluding tax for the service, with a minimum of 150 euros.