Terms and conditions of sale
1. Provider
These terms apply to the services of Fabrice David, sole trader (French micro-entrepreneur) trading as Brisco Webdesign, SIRET 488 034 505 00013, Saint-Étienne (42000), France. Contact: [email protected] · +33 7 61 21 02 34.
VAT not applicable, article 293 B of the French General Tax Code.
2. Scope
These terms apply exclusively to services sold to business customers (companies, shopkeepers, tradespeople, self-employed people, associations) acting for the purposes of their business (“the Client”). They prevail over any other document, unless the quote sets out special conditions in writing. The provider does not sell to consumers.
3. Services
- Cartoon site (standard offer): design and launch of a one-page website presenting the Client's business, with a 3D cartoon character created from a photo of the Client and animated (eye tracking, idle animation), adapted to phones and tablets, with a call button and careful search optimisation (Google and AI assistants). Texts are written from the information supplied by the Client.
- Monthly plan (optional): purchase and renewal of the domain name in the Client's name, and hosting of the site. Changes to the site after delivery are not included: they are quoted.
- Custom website, redesign and automation / AI: services provided on quote, the content of which is described in the quote.
4. Quote, approval and order
Quotes are free. For the cartoon site, the character is shown to the Client for approval before the site is built: if it is not to their liking after the revisions provided for in article 7, they owe nothing. The order is firm once the Client accepts the offer in writing (email or signed quote) and, where relevant, approves the character. Quotes are valid for 30 days.
5. Prices
Prices are those stated in the accepted quote, in euros, with no VAT (VAT not applicable). For information: cartoon site €399; monthly plan €10 a month. The accepted price remains fixed for the Client for the validity of the quote.
6. Deadlines and Client obligations
The cartoon site goes live within about one week of the order being accepted, all necessary materials being received (photo, business information, contact details) and the character being approved. The deadline is suspended until these materials are provided or an expected approval is given.
The Client warrants that they hold the rights to the content they provide (photo, texts, logo, trademarks) and that it is accurate and lawful.
7. Revisions and delivery
After the order, adjustments requested on the character and on the site are included, up to two rounds of revisions (a round = a batch of grouped changes sent all at once). Requests that change the project (new pages, new features, a new character) are quoted separately. The finished site is shown to the Client; their written approval counts as delivery. The site goes live after payment. The Client has 7 days after launch to report a defect, which is fixed free of charge.
8. Payment
Cartoon site: nothing is paid before the finished site is approved; the price is due on delivery, payable by bank transfer within 8 days, and the site goes live once payment is received. Monthly plan: payable monthly in advance, by transfer or direct debit, from launch. Quoted services: according to the payment schedule in the quote.
Any late payment incurs penalties equal to three times the legal interest rate, plus a fixed €40 recovery fee (article L441-10 of the French Commercial Code).
If the plan remains unpaid after a reminder, the provider may suspend hosting of the website after 15 days' notice.
9. Monthly plan: term and cancellation
The plan is taken out for a minimum term of 12 months from launch. It then continues month by month and can be cancelled at any time, by email, with one month's notice.
On cancellation, the domain name, already in the Client's name, remains theirs: the website files are handed over and the Client is helped, free of charge, to move the site to the host of their choice.
10. Right of withdrawal (contracts concluded away from the provider's premises)
In accordance with article L221-3 of the French Consumer Code, where the contract is concluded away from the provider's premises (for example at the Client's workplace), the Client employs 5 people or fewer and the subject of the contract is not within the scope of their main activity, the Client has 14 days from the conclusion of the contract to withdraw, without giving a reason and without penalty. To do so, they inform the provider of their decision by email or by post, for example using the form below.
The provider only starts the service once this period has expired, unless the Client expressly asks in writing for it to start earlier. If the Client asks to start before the end of the period and then withdraws, they pay for the part of the service already provided, in proportion to the whole service.
Model withdrawal form
To Fabrice David, Brisco Webdesign, Saint-Étienne (42000), France · [email protected]
I hereby give notice that I withdraw from my contract for the following service:
Ordered on: ………………
Name of the Client: ………………
Address of the Client: ………………
Date and signature: ………………
11. Ownership, image rights and character
The website and the content created for the Client belong to the Client once paid in full: the economic copyright (reproduction, representation, adaptation) is then assigned to them worldwide for the duration of the rights, for the purposes of their business. The domain name is registered in the Client's name.
The Client authorises the provider to use the photo they supply to create their cartoon character, including by means of artificial-intelligence services, for that purpose only. The provider does not keep the photo beyond the time needed for the service and the revisions, unless the Client agrees.
Unless the Client objects in writing, the provider may show the site and the character in their examples of work. The Client agrees to a discreet “Website by Brisco Webdesign” credit in the footer, which they may ask to have removed at any time. The provider's templates, creation tool code and demo websites remain the provider's property.
12. Liability
The provider has an obligation of best efforts. Search ranking depends on search engines and AI assistants: a good ranking is sought but cannot be guaranteed. Site availability depends on the host; the provider cannot be held liable for interruptions that are not attributable to them. The provider's liability is limited to the amount paid for the service concerned.
13. Personal data
The Client's data is processed as described in the privacy policy.
14. Disputes
In the event of a difficulty, the parties first seek an amicable solution. These terms are governed by French law. Failing an amicable agreement, any dispute falls under the courts of Saint-Étienne.