General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) – BeDOM

Last updated: [08.01.2025]

I – PURPOSE

  1. These General Terms and Conditions of Sale (GTCS) define the rights and obligations binding:
    – BeDOM, managed by Bertrand Domat (SIRET: 83821242100039), headquartered at 43, allée de l'Alisier, 01340 Attignat, France,
    – and any client (individual or professional) placing an order with BeDOM.
  2. The services offered by BeDOM include:
    – Development, optimization, and maintenance of WordPress and PrestaShop websites,
    – Creation and sale of modules and themes (custom or standard) for WordPress and PrestaShop.
  3. Any order made:
    – on the website https://bedom.fr/en/,
    – or confirmed after acceptance of a quotation,
    – or via freelancer platforms (ComeUp, Fiverr, etc.),
    implies full and complete acceptance of these GTCS.
    For orders placed on third-party platforms, the general terms and conditions of those platforms take precedence if they conflict with these GTCS.
  4. BeDOM reserves the right to amend these GTCS at any time. In the event of a modification, BeDOM will notify clients by email or via its website, with a period of 30 days to express any objections. In the absence of a response, the new GTCS will be deemed accepted.

II – SERVICES

  1. Nature of Services
    a) Website development: creation, customization, and integration of functionalities (WordPress, PrestaShop).
    b) Optimization: improvement of performance, natural referencing (SEO), security, and general website functionality.
    c) Maintenance: updates, fixes, technical monitoring to ensure the smooth operation of the website.
    d) Creation and sale of modules or themes: designed as custom or standard, intended for WordPress and PrestaShop.
  2. Timelines and Delivery
    a) Execution deadlines are indicated in the quotation or at the time of order.
    b) The successful completion of the service depends on the client's responsiveness in providing the necessary information and access. BeDOM cannot be held responsible for delays attributable to the client (delays, lack of documents, etc.).
  3. Limits of Services
    a) BeDOM does not offer web hosting or server management services; these aspects are the responsibility of the client or third-party providers.
    b) For orders placed on third-party platforms (ComeUp, Fiverr, etc.), the specific terms of each platform apply and take precedence in the event of a conflict with these GTCS.

III – PRICES AND PAYMENT

  1. Prices
    a) Prices are stated in euros (VAT included) and are shown in the quotation or on the relevant platform.
    b) Any additional request or substantial modification after the initial confirmation may result in extra charges, subject to agreement by both parties.
  2. Terms of Payment
    a) Unless otherwise specified, services are payable in advance.
    b) Accepted payment methods include: credit card, bank transfer, or any other method specified on the website or platform.
    c) For services ordered through third-party platforms, the platform’s payment terms apply (payment methods, deadlines, etc.).
  3. Late or Non-Payment
    a) In the event of late payment, penalties of 10% of the total amount due, as well as statutory interest, may be applied.
    b) BeDOM also reserves the right to suspend or terminate the service until payment is made.

IV – CLIENT OBLIGATIONS AND RESPONSIBILITIES

  1. Provision of Information and Access
    The client undertakes to:
    a) Provide all necessary data, access, and information required for proper execution of the service within the agreed deadlines.
    b) Ensure the validity and legality of the content used or requested.
  2. Content and Legality
    a) The client is solely responsible for the legal compliance of any content they wish to include (copyright, trademarks, GDPR, etc.).
    b) BeDOM cannot be held responsible in the event of illegal or unauthorized use of content provided by the client.

V – RIGHT OF WITHDRAWAL

  1. Scope
    a) In accordance with French law, consumers (non-professional individuals) have 14 days to exercise their right of withdrawal from the date of contract conclusion.
    b) However, this right does not apply to personalized digital services that have already begun (Article L221-28 of the Consumer Code).
  2. Methods
    a) To exercise this right, the client must contact BeDOM at contact@bedom.fr.
    b) For valid withdrawals, refunds will be made within 14 days of receiving the request, subject to any deductions for work already delivered.

VI – LIABILITY AND LIMITATION

  1. Compliance with Services
    BeDOM undertakes to provide services in accordance with the quotation and professional standards.
  2. Limitations of Liability
    a) BeDOM cannot be held responsible for indirect damages (loss of data, turnover, etc.) resulting from the use or inability to use the deliverables provided.
    b) Modules and themes developed by BeDOM are tested under standard conditions. No guarantee is given as to their compatibility with configurations or third-party plugins not previously validated.
  3. Force Majeure
    Neither party shall be held liable for failure to fulfill its obligations if this results from force majeure (catastrophe, pandemic, large-scale cyberattack, etc.).

VII – TERMINATION OF THE CONTRACT

  1. Termination by the Client
    a) The client may terminate the contract at any time, but must pay all sums due for services already performed and validated up to the termination date.
    b) In the event of termination during an ongoing service, the client is required to pay a pro-rated amount for the work actually performed.
  2. Termination by BeDOM
    BeDOM may terminate the contract in the event of non-compliance with these GTCS by the client, after a formal notice has not been acted upon; BeDOM retains the right to payment for work already completed.

VIII – INTELLECTUAL PROPERTY

  1. Ownership Rights
    a) Specific creations and developments (code, design, modules, themes) remain the property of BeDOM until full payment of the invoiced amount.
    b) After full payment, usage rights are transferred to the client unless otherwise stated in the quotation or order.
  2. Credits and Mentions
    a) BeDOM reserves the right to display a discreet credit mention on websites and deliverables produced, unless explicitly requested otherwise by the client.
    b) BeDOM may present work delivered as commercial references (portfolio, case studies, etc.), unless otherwise stated or a confidentiality clause is signed with the client.

IX – PERSONAL DATA (GDPR)

  1. Collection and Processing
    a) In providing services, BeDOM may collect and process personal data from the client.
    b) Such data is used exclusively for administrative and commercial management of orders.
  2. Data Subject Rights
    a) In accordance with the GDPR, clients have the right to access, rectify, oppose, and delete their personal data.
    b) To exercise these rights, contact: contact@bedom.fr.

X – DISPUTES AND APPLICABLE LAW

  1. Applicable Law
    These GTCS are governed by French law.
  2. Amicable Settlement
    a) In the event of a dispute, the parties agree to seek an amicable solution first (mediation, conciliation, etc.).
    b) The client may also refer to a consumer mediator in accordance with current regulations.
  3. Competent Court
    In the absence of an amicable agreement, any dispute will be brought before the competent courts having jurisdiction over the location of BeDOM's head office (43, allée de l’Alisier, 01340 Attignat, France), unless otherwise required by law.