Terms and conditions of sale

1. Who we are

These terms and conditions of sale (the “Terms”) apply to services sold by BOU MADE, SASU with a share capital of €500, registered office 27 avenue Jean Médecin, 06000 Nice, France, registered in Nice under no. 131 400 608 (“Bou Made”). Contact: contact@bou-made.fr.

They cover: the creation of showcase websites, e-commerce sites and business platforms, mobile apps and online software (SaaS), graphic design, logos and brand identity, and maintenance and hosting subscriptions (together, the “Services”). They apply to business clients and consumers alike (the “Client”).

2. Quote and order

Every project gets a free, detailed quote: scope, deliverables, number of revision rounds included, indicative schedule, price and payment schedule. The quote states how long it is valid.

The order is binding once the Client has signed the quote (handwritten or electronic signature, or “approved”) and paid the deposit it provides for. Signing the quote means accepting these Terms. Specific terms in the quote prevail over these Terms in case of conflict.

3. Prices

Prices are in euros, excluding and including VAT. They are fixed for the validity period of the quote.

Any request outside the scope of the quote (new page, new feature, revisions beyond those included) gets an additional quote, approved before the work is done.

4. Payment

Creation Services are invoiced according to the payment schedule in the quote (deposit on order, balance on delivery, or intermediate milestones). Invoices are payable by the date shown on the invoice, by bank transfer or card.

Maintenance and hosting subscriptions are paid monthly in advance, by card or any other method offered at sign-up, through our payment provider Stripe.

Business clients: any late payment automatically incurs penalties at the European Central Bank refinancing rate plus 10 points, plus a fixed €40 recovery fee (French Commercial Code, articles L441-10 and D441-5). Consumers: unpaid amounts bear interest at the legal rate after formal notice.

If payment is still outstanding 8 days after a formal notice, Bou Made may suspend ongoing work and subscription services until full payment.

5. Process and timing

The schedule is set out in the quote. It is indicative and depends on the Client providing content (texts, photos, logo, access) and approvals on time at each step. Any delay by the Client shifts the schedule accordingly.

Bou Made keeps the Client informed of progress and of any foreseeable delay.

6. Client commitments

The Client provides accurate content to which it holds the rights (texts, images, trademarks, logos, fonts) and indemnifies Bou Made against any third-party claim in this respect.

The Client remains responsible for the content published on its site or app, for its own legal obligations (legal notice, terms of sale, its users’ personal data) and for keeping its credentials safe.

7. Acceptance and delivery

When the work is complete, Bou Made presents the Service to the Client, who checks it and reports in writing any defect compared with the quote within the period set in the quote. Justified defects are fixed at no cost.

The Service is deemed delivered and accepted upon the Client’s written approval, upon going live at the Client’s request, or failing any written reservation within the set period.

8. Intellectual property

Once the price is paid in full, Bou Made assigns to the Client the economic copyrights (reproduction, representation, adaptation) in the deliverables created specifically for it, worldwide and for the full term of the rights, for the purposes described in the quote. Until full payment, deliverables remain the property of Bou Made.

Bou Made retains ownership of its tools, methods, components and generic code reused from project to project; the Client receives a right to use them as part of the deliverable. Open-source libraries and third-party services remain subject to their own licences.

Unless the Client objects in writing, Bou Made may cite the project (name, visuals, link) in its portfolio and communication.

9. Maintenance and hosting subscriptions

The content of each plan (hosting, updates, backups, small changes, support) is described in the offer subscribed to.

Subscriptions are monthly and renew automatically each month. The Client may cancel at any time by e-mail to contact@bou-made.fr; cancellation takes effect at the end of the current, already-paid month. On cancellation, Bou Made provides on request the files and access needed to host the site elsewhere.

10. Right of withdrawal (consumers)

Consumers have 14 days from the conclusion of the contract to withdraw, without giving a reason, by e-mail to contact@bou-made.fr or using the model form annexed to article R221-1 of the French Consumer Code. Amounts paid are refunded within 14 days.

If the Client expressly asks for the Service to start before this period ends, it must pay for the part already performed if it withdraws. The right of withdrawal is lost once the Service has been fully performed before the end of the period with the Client’s express consent (article L221-28 of the French Consumer Code).

11. Liability

Bou Made has a best-efforts obligation. It is not liable for the third-party services the Services rely on (hosts, domain names, the App Store and Google Play and their publication decisions, payment providers, APIs), nor for indirect damage (loss of revenue, customers or data).

For business clients, Bou Made’s liability is capped at the amount paid by the Client for the Service concerned. These limits do not apply to consumers beyond what the law allows.

12. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. Obligations are suspended for the duration of the event.

13. Personal data

Client data is processed as described on the Privacy page of this site.

14. Governing law and disputes

These Terms are governed by French law. In case of difficulty, the parties first seek an amicable solution.

Consumers may use a consumer mediator free of charge under articles L611-1 et seq. of the French Consumer Code, or bring the matter before the competent court under ordinary rules.

Business clients: failing an amicable agreement, any dispute falls under the exclusive jurisdiction of the Commercial Court of Nice.