Terms & Conditions of Sale
Preamble
These Terms & Conditions of Sale (hereinafter "T&C") apply to all services concluded between:
The service provider:
Gabriel Sdika, sole proprietor (micro-entrepreneur)
SIRET: 10122816100010
Address: 22 Rue Gandhi, 59229 Téteghem-Coudekerque-Village, France
Email: contact@orlan.me
And the client, any natural or legal person who has ordered a service.
The services offered include: website creation, web development, website maintenance and optimization, and digital services for professionals.
Article 1 – Purpose
These T&C define the rights and obligations of the parties in the context of the sale of website creation and digital services offered by the service provider to the client.
Article 2 – Acceptance of T&C
Validation of an order by the client implies unreserved acceptance of these T&C. They shall prevail over any other general or specific conditions not expressly approved by the service provider.
Article 3 – Services
The services provided by the service provider are as follows:
• Custom website creation
• Web development (front-end and back-end)
• Search engine optimization (local SEO)
• Google Business profile setup
• Maintenance and technical support
• Digital services for professionals
Detailed characteristics of each service are defined in the quote or commercial proposal provided to the client before any order.
Article 4 – Pricing and Payment Terms
Prices are indicated in euros (€) or shekels (₪) according to the quote.
VAT not applicable, article 293 B of the French General Tax Code.
Payment terms:
• A deposit of 50% of the total amount is required upon order to start the service.
• The remaining 50% is due upon delivery or launch of the website.
• Payment is made by bank transfer or any other method agreed between the parties.
For the Monthly Care Plan, billing starts after the website goes live. No long-term contract is required.
Article 5 – Delivery Times
The service provider commits to delivering services within the agreed timeframes.
As an indication, most websites are delivered within one week from the validation of the quote and receipt of the deposit.
Delivery times are given as an indication and do not constitute a firm commitment. The service provider shall not be held responsible for delivery delays resulting from force majeure or delays attributable to the client (delay in providing content, late validation, etc.).
Article 6 – Late Payment
In case of late payment, late payment penalties shall be automatically applied, without prior formal notice.
The late payment penalty rate is equal to three times the legal interest rate in force.
A flat-rate compensation of €40 for recovery costs shall also be due, in accordance with applicable French commercial law.
In the event of late payment, the service provider reserves the right to suspend any ongoing service.
Article 7 – Intellectual Property
The transfer of intellectual property rights of deliverables (source code, design, content created by the service provider) to the client only occurs after full payment of the agreed price.
Until full payment, the service provider retains all intellectual property rights over the deliverables.
The service provider reserves the right to mention the website in their commercial references and portfolio, unless the client objects in writing.
Elements provided by the client (logos, texts, images) remain their property. The client warrants that they have the necessary rights over these elements.
Article 8 – Liability
The service provider commits to providing all necessary care and diligence in the execution of services. This constitutes a best-efforts obligation.
The service provider shall not be held liable for:
• Dysfunctions related to third-party hosting
• Data loss due to force majeure
• Content published by the client on their website
• Consequences related to the use of the website by the client or visitors
In any event, the service provider's liability is limited to the amounts actually received for the service in question.
Article 9 – Right of Withdrawal
In accordance with French Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period, when performance has begun with the prior express consent of the consumer.
For professional clients, the right of withdrawal does not apply.
For consumer clients, if the service has not yet begun, the right of withdrawal may be exercised within 14 days from the validation of the order, by sending an email to contact@orlan.me.
Article 10 – Termination
In the event of a breach by either party of its contractual obligations, the contract may be terminated by the injured party, 30 days after sending a formal notice that has remained without effect.
For the Monthly Care Plan, either party may terminate the contract at any time with 30 days' notice, by email to contact@orlan.me.
In the event of termination, amounts already paid remain with the service provider for services already performed.
Article 11 – Force Majeure
Neither party shall be held liable for the non-performance of its contractual obligations if such non-performance is due to force majeure as defined by French civil law.
Force majeure events include: natural disasters, fires, strikes, internet network failures, cyberattacks, pandemics, government decisions, and any irresistible, unforeseeable event beyond the parties' control.
In case of force majeure, the performance of obligations is suspended for the duration of the event. If force majeure continues beyond 3 months, either party may terminate the contract without compensation.
Article 12 – Applicable Law and Disputes
These T&C are governed by French law.
In the event of a dispute relating to the interpretation or performance of these T&C, the parties commit to seeking an amicable solution.
Failing an amicable agreement, the dispute shall be brought before the competent courts of Dunkirk (France).