Terms of Sale

Article 1 — Purpose

These Terms of Sale govern the contractual relationship between Tobia Demian, sole proprietor (SIRET 100 196 518 00011), hereinafter "the Provider," and any individual or legal entity purchasing IT services, hereinafter "the Client." Any order implies unreserved acceptance of these Terms.

Article 2 — Services

The Provider offers IT systems and software consulting, software development, website and mobile app development, as well as support, maintenance, training, and IT security audit services. Service details are defined in the quote or product sheet accepted by the Client.

Article 3 — Pricing

Prices are expressed in euros (€), inclusive of all taxes (TTC). Prices are those in effect at the time of order validation. The Provider reserves the right to modify prices at any time; services will be invoiced at the price in effect at the time of order.

Article 4 — Order and Contract Formation

The contract is formed upon receipt by the Provider of the signed order form or online payment by the Client. Any order constitutes acceptance of prices and these Terms.

Article 5 — Payment Terms

Payment is made by credit card through our secure payment platform or by bank transfer. For custom quotes, a 30% deposit may be required at order. The balance is due upon delivery or per the schedule defined in the quote. Late payment automatically incurs penalties at 3 times the legal interest rate, plus a fixed indemnity of €40 for recovery costs (article L.441-10 of the French Commercial Code).

Article 6 — Delivery Timelines

Delivery timelines are provided as estimates in the quote or product sheet. The Provider commits to making all reasonable efforts to meet announced deadlines. Delivery delays cannot give rise to damages or order cancellation, except by express agreement of both parties.

Article 7 — Right of Withdrawal

In accordance with articles L.221-18 et seq. of the French Consumer Code, consumer Clients have 14 calendar days from contract conclusion to exercise their right of withdrawal, without reason or penalty, provided service execution has not begun with their express consent before this period expires. If execution has begun at the Client's express request, the Client shall owe an amount proportional to the service already provided. To exercise this right, the Client sends their request to contact@tobiademianconsulting.com.

Article 8 — Warranties and Liability

The Provider commits to performing services diligently and in accordance with professional standards, as an obligation of means. The Provider's liability is limited to the amount of the relevant order. The Provider shall not be liable for indirect damages (data loss, lost profits, loss of clientele) related to service execution or non-execution.

Article 9 — Intellectual Property

Unless otherwise agreed in writing, the Client acquires a non-exclusive right of use over deliverables upon full payment. The Provider retains intellectual property of its methods, tools, libraries, and frameworks developed independently of the project.

Article 10 — Confidentiality

Each party commits not to disclose confidential information communicated by the other party under the contract. This obligation continues for 2 years after contract termination.

Article 11 — Force Majeure

The Provider shall not be held liable for any delay or non-performance resulting from force majeure as defined by article 1218 of the French Civil Code and French court jurisprudence.

Article 12 — Personal Data Protection

Data collected as part of orders is processed in accordance with the GDPR and our Privacy Policy available on the site. The Client has rights of access, rectification, deletion, and portability of their data.

Article 13 — Mediation

In case of unresolved dispute, consumer Clients may use the consumer mediation service free of charge. In accordance with article L.612-1 of the French Consumer Code, Clients may contact the mediator via the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

Article 14 — Governing Law and Jurisdiction

These Terms are governed by French law. In the event of a dispute and after an attempt at amicable resolution, the competent courts of Rouen shall have exclusive jurisdiction.