Terms and Conditions of Sale

1. Purpose

These Terms and Conditions of Sale (hereinafter the “T&Cs”) govern all services provided by Tarek BELHADJ, sole trader (entrepreneur individuel) trading under the name KAYZEN (hereinafter “the Service Provider”) on behalf of its clients (hereinafter “the Client”), in the fields of website design, search engine optimisation, digital marketing and website maintenance, as well as putting websites online with the hosting provider chosen by the Client.

Any order for services implies the Client’s unreserved acceptance of these T&Cs.

2. Identification of the Service Provider

Tarek BELHADJ, sole trader (entrepreneur individuel) — trading name KAYZEN
Registered office: 6 rue Pierre Termier — 69009 Lyon, France
SIRET: 493 857 262 00098 — SIREN: 493 857 262
APE code: 62.01Z — VAT not applicable, Article 293 B of the French CGI (tax code)
Email: contact@kayzen-lyon.fr
Telephone: +33 4 87 77 68 61

3. Services

The Service Provider offers the following services: website design and development, redesign of existing websites, organic search engine optimisation (SEO) and paid search advertising (SEA), digital strategy, visual identity, maintenance, putting websites online with the hosting provider chosen by the Client, and bespoke AI solutions.

The Service Provider does not provide hosting: the hosting contract is entered into directly between the Client and the hosting provider of its choice.

The nature, scope and terms of each service are defined in a quote or commercial proposal drawn up in advance and accepted by the Client.

4. Quotes and orders

Quotes are free of charge and valid for 30 days from their date of issue. An order is deemed firm and final upon receipt of the quote signed by the Client, together with the agreed deposit, subject to the right of withdrawal available to a Client who is a consumer (Article 5).

5. Right of withdrawal (consumer clients)

In accordance with Article L. 221-18 of the French Consumer Code (Code de la consommation), a Client who is a consumer has a period of fourteen (14) days from acceptance of the quote in which to withdraw, without having to give reasons for their decision or bear any penalties. Withdrawal is notified by any written means sent to contact@kayzen-lyon.fr.

If a Client who is a consumer expressly requests that performance of the service begin before the end of this period, they remain liable, in the event of withdrawal, for the amount corresponding to the service provided up to the time they communicate their decision to withdraw (Article L. 221-25 of the French Consumer Code).

6. Prices and payment terms

Prices are stated in euros, net of tax. The Service Provider is covered by the VAT exemption scheme for small businesses (franchise en base de TVA): no VAT is charged and none is recoverable. Mandatory statement: “VAT not applicable, Article 293 B of the CGI”.

Unless otherwise stated in the quote, payment terms are as follows:

• 40% deposit upon signature of the quote;
• 40% upon approval of the design mock-up;
• 20% upon delivery of the project.

Payment is made by bank transfer or by any other means agreed between the parties. Invoices are payable within 30 days of the invoice date, unless otherwise agreed.

7. Late payment

In the event of late payment, late-payment penalties shall be due at a rate of three times the applicable statutory interest rate, without any reminder being required. For professional Clients, a fixed indemnity of €40 for collection costs shall also be due in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code (Code de commerce).

8. Lead times

Lead times are given for information only and do not constitute a firm commitment, unless otherwise stipulated in the quote. The Service Provider undertakes to use all necessary means to meet the agreed deadlines.

For professional Clients only: any delays shall not give rise to the payment of damages or to the cancellation of the order, save with the express agreement of the parties.

A Client who is a consumer retains the rights conferred on them by law, in particular the right to terminate the contract if the service is not performed within the agreed time, under the conditions of Article L. 216-6 of the French Consumer Code.

9. Client’s obligations

The Client undertakes to:

• Provide the materials required to carry out the service (texts, images, access credentials, etc.) within the agreed deadlines;
• Appoint a single point of contact authorised to approve the stages of the project;
• Approve each stage within a reasonable time (5 working days, unless otherwise agreed);
• Ensure that the content supplied does not infringe the rights of third parties.

10. Intellectual property

Intellectual property rights in the works created by the Service Provider are transferred only after full payment of the agreed price. Until payment in full, the Service Provider retains all rights.

The Client grants the Service Provider the right to mention the work in its commercial references (portfolio), unless the Client objects in writing.

11. Termination

In the event of a breach by either party of its contractual obligations, the other party may terminate the contract by registered letter with acknowledgement of receipt, after a formal notice has remained without effect for 15 days.

For professional Clients only: in the event of termination by the Client, sums already paid shall remain with the Service Provider and services already performed shall be invoiced in full.

A Client who is a consumer retains the rights conferred on them by law, in particular the right of withdrawal provided for in Article 5.

12. Legal guarantees

A Client who is a consumer benefits from the legal guarantee of conformity for digital content and digital services provided for in Articles L. 224-25-12 et seq. of the French Consumer Code. In the event of a lack of conformity, they may have the digital content or digital service brought into conformity or, failing that, obtain a price reduction or termination of the contract, under the conditions laid down in those articles.

To invoke this guarantee, a Client who is a consumer should contact contact@kayzen-lyon.fr.

13. Liability

For professional Clients only: the Service Provider’s liability is limited to the amount actually received under the contract concerned, and the Service Provider cannot be held liable for indirect damage, operating losses, loss of data or loss of revenue.

With regard to a Client who is a consumer, the Service Provider is answerable for its obligations under the conditions laid down by law, in particular under the legal guarantees referred to in Article 12: nothing in these T&Cs limits the rights that the consumer derives from the law.

14. Force majeure

Neither party shall be liable for any failure to perform its obligations if such failure results from an event of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil).

15. Mediation and disputes

In accordance with Articles L.611-1 et seq. of the French Consumer Code (Code de la consommation), a Client who is a consumer may use a consumer mediator free of charge with a view to the amicable resolution of any dispute. The designated mediator is CM2C — Centre de Médiation de la Consommation de Conciliateurs de Justice, 14 rue Saint-Jean, 75017 Paris — www.cm2c.net (opens in a new tab).

In the event of a dispute, the parties undertake to seek an amicable solution before taking any legal action. Failing this, the dispute shall be brought before the competent courts of Lyon.

16. Governing law

These T&Cs are governed by French law. Any difficulty relating to their interpretation or performance shall be submitted to the competent courts of Lyon.