Terms and Conditions for Herbaceous Design
1. General Information
The website Herbaceous Design — www.herbaceousdesign.com is published by Herbaceous Design, a private limited company with its registered office at [Insert Address], represented by Hermeline Bacot, and registered in France under registration numbers SIREN 937 717 288 and SIRET 937 717 288 00016 .
The director of publication is Hermeline Bacot contact@herbaceousdesign.com, in their capacity as owner of the business.
The website Herbaceous Design (www.herbaceousdesign.com) is hosted by Behance, whose headquarters are located at New York, 532 Broadway 7th Floor, United States.
The webmaster is the company Herbaceous Design.
2. Access to the Website
Access to and use of this website are strictly reserved for personal and private use. Users agree not to exploit this site or the information it contains for commercial, political, or advertising purposes, nor for any form of commercial solicitation, including the sending of unsolicited emails.
By accessing this site, users accept these terms and conditions. Herbaceous Design reserves the right to modify these terms and conditions and the content of the site at any time without prior notice. Users are encouraged to review these terms regularly.
3. Intellectual Property
All content on this website (text, graphics, images, logos, videos, photographs, etc.) is protected under intellectual property law. It is the sole property of Herbaceous Design or its partners.
Any reproduction, representation, modification, adaptation, or exploitation of any part of this website, in any form, without prior written authorisation from Herbaceous Design is strictly prohibited.
Failure to take immediate legal action upon discovering unauthorised use does not constitute acceptance of such use or a waiver of rights by Herbaceous Design.
4. Links to the Website
Creating and generating links to www.herbaceousdesign.com requires prior written permission from Herbaceous Design.
Only links to the homepage are allowed and must redirect users to the complete URL of www.herbaceousdesign.com. Any partial reproduction or inclusion of Herbaceous Design’s content on another site or platform is strictly prohibited without written authorisation.
Links must not contain any misleading, inaccurate, or false information about the site or its services and must not use any brand, logo, or trademark belonging to Herbaceous Design without explicit permission.
Herbaceous Design is not responsible for the content or services of third-party sites linking to www.herbaceousdesign.com.
5. Website Management
To ensure the proper functioning of the website, Herbaceous Design reserves the right to:
Suspend, interrupt, or limit access to all or part of the website.
Remove any content that may disrupt the website’s operation or contravene laws or regulations.
Suspend the website for updates or maintenance.
In the event of maintenance interruptions, Herbaceous Design will endeavor to inform users in advance.
Herbaceous Design cannot be held responsible for website unavailability for any reason.
6. Responsibilities
Herbaceous Design strives to provide verified and reliable information on the website. However, it cannot be held responsible for malfunctions, interruptions, or difficulties preventing access to the website or its features.
Users are responsible for their own equipment and internet connection when accessing the website. They are also responsible for protecting their equipment and data from online threats such as viruses.
Herbaceous Design is not liable for any damage caused to users, their equipment, or third parties resulting from the use of the website.
In the event of malicious use of interactive areas (e.g., contact forms) on the website, Herbaceous Design reserves the right to remove any content that violates applicable laws. Users may face civil and/or criminal liability for posting illegal content.
7. Personal Data Management
7.1 Data Collection and Protection Herbaceous Design collects and processes personal data to identify users, including:
Identification data: Name, surname
Contact information: Email address
These data are collected and processed in accordance with the provisions of French Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, as well as the European General Data Protection Regulation (GDPR).
7.2 Use of Data Personal data is used exclusively for managing communications with users and processing their requests. Herbaceous Design will not disclose, sell, or transfer user data to third parties without consent.
7.3 User Rights Users have the right to access, correct, delete, and oppose the use of their personal data. Requests must be made in writing, accompanied by proof of identity, to contact@herbaceousdesign.com.
7.4 Data Retention Herbaceous Design retains personal data only as long as necessary for its intended purposes, considering applicable legal retention periods.
8. Governing Law and Jurisdiction
These terms and conditions are governed by the laws of France. Any disputes related to the interpretation or execution of these terms will be subject to the exclusive jurisdiction of Paris, France courts.
9. Glossary
Publisher: The owner of the website
User: Any person accessing or using the website
Personal Data: Information that allows the identification of a natural person
10. Credits
Photos & Web Design: Herbaceous Design
11. General Terms of Sale For Quotations and Invoices
11.1 The service includes everything explicitly listed under the "Nature of the Service" field. Consequently, it does not include anything not explicitly mentioned in this field.
11.2 Unless an additional payment term is agreed upon between the two parties and appears on the invoice, payment is due no later than the 30th day following the invoicing date (Commercial Code, Article L. 441-6, para. 2 as amended by the law of May 15, 2001). Any late payment may result in late fees due without notice, calculated at 10% of the total invoice amount per month of delay (Fight against Late Payments / Article 53 of the NRE Law), as well as a fixed indemnity of €40 (Commercial Code, Article D.441-5). Payments can be made by bank transfer or by check payable to "Hermeline BACOT." No discount is granted for early payment.
11.3 In accordance with the French Intellectual Property Code (CPI, Articles L.121-1 to L.121-9), only the economic rights explicitly listed in the terms of the cession will be transferred to the client for the described work, to the exclusion of all others and within the specified limits. It is recalled that the moral rights of a creation (including, among others, the right to respect for the work and the right to attribution) remain attached to its author in a perpetual and inalienable manner. Any full or partial representation or reproduction made without the author's consent or that of their successors is unlawful and punishable under laws governing copyright infringement. This also applies to translation, adaptation, transformation, arrangement, or reproduction by any art or process (CPI, Article L.122-4).
11.4 The entirety of the production and associated rights related to this order remains the sole and exclusive property of Hermeline BACOT until the invoices issued by Hermeline BACOT are fully paid by the client company, up to the total amount of the order and any amendments agreed upon during the service. Consequently, the client company will become the rightful owner of the transferred rights upon the final settlement of all invoices issued by Hermeline BACOT within the scope of the order.
11.4 The delivery of source files or working files related to this order will only occur if strictly necessary for the exploitation of the work as defined in the cession terms or in a subsequent amendment.
11.5 Hermeline BACOT reserves the right to reference the work created for the client company as a portfolio example and to quote textual or visual excerpts of the work as part of her commercial prospecting, external communication, and advertising efforts. Any restriction to Hermeline BACOT's publicity rights must be notified and negotiated prior to signing the quote and explicitly mentioned on the invoice.
11.6 The client company assumes full and complete responsibility for the choices made regarding textual and visual content included in the work delivered by Hermeline BACOT, as well as for the usage of the work and its compliance with applicable regulations. The client also guarantees that it owns the necessary rights to use all textual and visual creative elements it provides to Hermeline BACOT as part of her mission and indemnifies Hermeline BACOT against any third-party claims relating to rights violations of these elements.
11.7VAT not applicable (Article 293 B of the French General Tax Code).