Terms and conditions of sale

ARTICLE 1 - PREAMBLE AND GENERAL DEFINITIONS

The website shop.louisefremand.com is governed by French law and is published, managed, and operated by LOUISE FREMAND.

This document is prepared as part of the activity of the sole proprietorship LOUISE FREMAND, whose registered office is located at 25 rue Masséna, 69006, Lyon, FRANCE, and is registered as a liberal profession under the SIRET number 888267 119 00012.

Definitions: In the following sections, the terms are defined as follows:

Sole Proprietorship: Refers to LOUISE FREMAND.

Client or Buyer: Any individual or legal entity purchasing a design from the online catalog of the sole proprietorship LOUISE FREMAND.

Creator: Refers to LOUISE FREMAND.

CGV: The General Terms and Conditions of Sale detailed below.

The General Terms and Conditions of Sale aim to define the conditions applicable to all sales of products listed in the catalog between the Creator and the Buyer. If you wish to purchase designs through the website shop.louisefremand.com, you are in the right place. To proceed with your purchase, you must accept the Creator's general terms and conditions.

These rules ensure a clear contractual relationship, precisely defining your commitments and those of LOUISE FREMAND. Reading this document is mandatory as it establishes our mutual legal obligations. The clauses in these General Terms and Conditions are independent; the invalidity of one clause does not affect the validity of the others.

If you refuse to accept the general terms and conditions, LOUISE FREMAND will not be able to provide you with her products. Access to LOUISE FREMAND’s services requires full legal capacity.

By purchasing online at www.shop.louisefremand.com, the Client declares being of legal age according to the laws of their country of residence, possessing the required legal capacity or necessary parental authorization, and not being subject to full or partial incapacity to place orders on the site. The Client must have appropriate electronic equipment, such as a computer, a mouse, a high-speed internet connection, and an active credit card.

To modify or update their account or sensitive data, the sole proprietorship may require identity confirmation in an appropriate form. Non-compliance with capacity requirements or prerequisites will result in suspended access until resolved.

Creating an Online Account: The Client or User must carefully fill in their personal data fields. When entering personal data during order validation or account creation, the Client guarantees the accuracy of the required information provided. Sharing access codes to LOUISE FREMAND’s shop is prohibited. In case of non-compliance, access rights may be suspended or revoked, and damages may be claimed.

ARTICLE 2 - MY OFFERS: SHOP OR CUSTOM WORK

The services are entirely remote.

Shop Offers

Designs are sold directly on the SHOP (online store).


Once payment is made online, you will receive a link within three business days via email, redirecting you to the online catalog platform where you can download the TIFF file. The file includes a layer with the design (flattened layer), separated from the layer with the colored background. Depending on the selected design, the file may contain one or more color variations.

Any modification requests (design coloring, element changes) will be subject to a custom quote. These costs are additional to the initial design price. LOUISE FREMAND reserves the right to refuse modifications to a design.

Custom Work Offers

For custom work, the Creator:

  • Sends a quote serving as a contract tailored to the Buyer’s request.
  • The quote is valid for 30 days.
  • Once accepted, the Buyer pays a 30% deposit before work begins.

A custom order typically includes:

  • A remote meeting (by phone or video conference) for contact and briefing.
  • Design proposals.
  • Two rounds of revisions.
  • Preparation and delivery of files (created in Photoshop and sent as TIFF files).

Unselected proposals remain the exclusive property of the Creator, who reserves the right to sell them in her online catalog, provided that:

  1. The design significantly differs from the selected one.
  2. It shares no common elements with the selected design.

General Conditions Applicable to Both Types of Offers

  • Color separation is not included in the services offered by the Creator.
  • The Creator permits the Client to modify the design under certain conditions. The Client may create color variations, modify, add, or remove elements.

Usage Rights and Conditions for Designs:

  • The background containing a distinct design cannot be used separately.
  • The main design (the central graphical element) may be used independently of the background.

In case of doubt, it is the Client’s responsibility to consult the Creator before any use.

LOUISE FREMAND peut contacter ses clients pour leur proposer de remplir un questionnaire de satisfaction, utilisé uniquement à des fins professionnelles et dans le respect de la politique de protection des données personnelles décrite dans ce document.

ARTICLE 3 - ORDERS AND FINANCIAL CONDITIONS

Any order placed on the shop constitutes a firm contractual commitment. When placing an order, you must select the desired items in your cart and verify the elements on the sales page. Confirming these elements will lead you to the payment page, where you must review and accept the terms and conditions of sale.

Validating an online order constitutes full acceptance of the general terms and conditions by the user, acknowledging that they have read them in full. This acceptance is indicated by checking the box corresponding to the following statement: "I have read the general terms and conditions of sale, including the copyright licenses, and I accept them without reservation." This action is considered equivalent to a handwritten signature by the Client.

The client has no rights to the design until it has been paid for in full. Payment must be made via bank transfer or credit card. LOUISE FREMAND does not retain any banking information. After purchasing the order, you will promptly receive a link in your email inbox redirecting you to the shop platform, where you can download your file in TIFF format.

For custom work (service provision), you will receive the file directly via email.

The purchase price of a design listed on the Creator's shop includes the preparation and delivery of digital files (designs created in Photoshop and sent in TIFF format). The prices displayed are net of taxes. The Creator is not subject to VAT under Article 293B of the French Tax Code.

The payment methods accepted by LOUISE FREMAND are:

  • Credit card (via Stripe)
  • Bank transfer

For custom work, payment is due no later than the thirtieth day following the invoice date (C. Com. art. L.441-6, al.2 modified by the Law of May 15, 2001). Any delay in payment may result in late payment penalties. Rejection fees will be fully borne by the responsible party. Late payment penalties are equal to the legal interest rate in effect. Recovery fees, in case of unpaid amounts, are €40 excluding VAT.

ARTICLE 4 - WITHDRAWAL, CANCELLATION, AND POSTPONEMENT

For digital products,no right of withdrawal is applicable under Article L221-28 of the French Consumer Code. No refunds will be made after purchase.

For service provisions, a right of withdrawal may be exercised within 14 days following the engagement act, agreement, or contract, in accordance with the Consumer Code.

In general, no cancellations are accepted after the final validation of the quote or payment of the deposit.

However, LOUISE FREMAND reserves the right to make exceptions depending on the nature of the request.

If the service has already been fully performed, no refund will be granted. Conversely, if the cancellation of the service is initiated by the Creator, a full refund will be issued.

ARTICLE 5 - INTELLECTUAL PROPERTY AND RIGHTS ASSIGNMENT FOR SHOP DESIGNS

The Creator guarantees that she holds all rights to her designs, which are original creations free from plagiarism.

All textile designs available on the shop are created by LOUISE FREMAND, who retains full intellectual property rights over these patterns.

The Client is prohibited from selling the textile design. Furthermore, the User or Client is forbidden from copying the Creator's brand image, logo, or graphic charter.

Copyright Assignment and Licenses:

The sale includes a rights assignment contract between the Creator and the Buyer, granting exclusive rights to the design for a specific duration based on the use, media, and sector of operation.

At the end of the contractual period specified in the copyright license tied to the domain of exploitation, the product may be relisted for sale. If the Buyer wishes to continue using the design, they can contact the Creator to negotiate an extension of their license rights.

The licensee is authorized to reproduce, distribute, and commercialize the design on the media defined within the territory and duration stipulated.

All licenses listed below are valid for worldwide use.

The Creator remains the sole holder of copyright over the textile design. This license grants the Licensee no ownership rights to the design, except for the usage rights expressly stipulated.

FASHION AND ACCESSORIES LICENSE

Exclusive license for 3 years from the receipt of the TIFF file, applicable to all textiles intended for fashion and accessories for women, men, children, or babies.

OBJECTS AND STATIONERY LICENSE

Exclusive license for 3 years from the receipt of the TIFF file, applicable to all home decor items and stationery products (notebooks, cards, envelopes).

PACKAGING AND COMMUNICATION LICENSE

Exclusive license for 3 years from the receipt of the TIFF file, applicable to non-textile communication and commercial media, such as packaging, window decals, point-of-sale advertising, posters, business cards, letterheads, and promotional visuals, both physical and digital.

HOME TEXTILES AND FURNISHINGS LICENSE

Exclusive license valid for 3 years from the receipt of the TIFF file, covering home furnishings (sofas, armchairs, curtains, cushions), bedding (sheets, duvet covers, pillowcases), bath linens (towels, washcloths, bath sheets), table linens (tablecloths, napkins), and tableware items such as plates.

WALL AND FLOOR COVERING LICENSE

Exclusive license for 5 years from the receipt of the TIFF file, applicable to media such as rugs, floor and wall coverings, and designs for industrial and architectural use.

ALL-MEDIA LICENSE

Exclusive license for 5 years for all media, including the fashion and accessories license, objects, stationery, and tableware license, packaging and communication license, furniture and bedding license, and wall and floor covering license.

ARTICLE 6 – PROTECTION OF INTELLECTUAL PROPERTY (Website and Creations)

The website www.shop.louisefremand.com and the creations of Louise FREMAND are subject to French and international copyright and intellectual property laws. All reproduction rights, whether for texts or images, are reserved. Reproductions of all or part of this site on paper or electronic media are only permitted for personal and private use, in compliance with the provisions of the French Intellectual Property Code.

Any reproduction, representation, use, adaptation, modification, incorporation, translation, or commercialization, whether partial or full, by any process or on any medium (paper, digital, etc.), is prohibited without prior written authorization from LOUISE FREMAND, except as allowed under Article L.122.5 of the French Intellectual Property Code. Failure to comply with these rules may constitute an infringement of copyright and/or design and model rights and/or trademarks, punishable by up to two years' imprisonment and a fine of €152,449.02. LOUISE FREMAND reserves the right to modify or correct the content of the website at any time without notice. LOUISE FREMAND is a registered trademark with the INPI.

ARTICLE 7 – PORTFOLIO AND SOCIAL MEDIA

The Buyer implicitly grants the Creator the right to share photos of products featuring her designs to promote her work on her website and/or social media (citing the Buyer's references). If the Buyer wishes to oppose this, they must inform the Creator in writing.

ARTICLE 8 – YOUR PERSONAL DATA – PRIVACY POLICY

LOUISE FREMAND requires certain information to complete transactions.

The provision of names, first names, email addresses, and postal addresses is mandatory for transactions.

This data is used solely for professional purposes and is not made public without your explicit consent.

Data is stored for three years after the end of the transaction or upon unsubscription from the newsletter. It may also be used for prospecting and information related to LOUISE FREMAND’s professional activities. Data is processed outside the European Union for a maximum of 13 months (payment methods), 3 years (commercial data), 10 years (invoices over €120), or 5 years (invoices under €120), unless otherwise requested by the User or Client.

Data is processed, transferred, and stored using the following tools : Dropbox (potential transfer outside the EU under contractual safeguards compliant with GDPR) o2switch (data stored within the EU) PrestaShop (depending on the hosting provider used).

Collected Data:

  • Name
  • First Name
  • Email Address
  • Navigation Data

Users must consent to the collection of their personal data to benefit from the service provider’s offerings. Consent can be withdrawn at any time by contacting the service provider in writing. Users withdrawing consent acknowledge that this does not affect the legality of prior data processing.

The recipient of personal data is the service provider responsible for processing this data on the website. No personal data is transmitted, sold, or rented to third parties, and no subcontracting services are used for personal data processing.

Clients or Users have the right to access, rectify, transfer, and delete their data, as well as to limit processing, in accordance with the French "Informatique et Libertés" law of January 6, 1978, as amended, and the European Regulation No. 2016/679/EU of April 27, 2016 (applicable since May 25, 2018). Any related complaint should preferably be addressed directly to the Creator to find an appropriate solution.

In case of disputes, Clients or Users may report issues to the CNIL, providing the legal information about the Creator listed in Article 1 of these general terms and conditions of sale.

All pre-contractual, contractual, and post-contractual exchanges remain strictly confidential. Legal action may be taken if the provided documents are reused for purposes other than those specified in the general terms and conditions of sale.

Data is stored outside the European Union, as specified in the privacy policy.

ARTICLE 9 – NEWSLETTER AND ADDITIONAL COMMUNICATIONS

By registering on the website www.shop.louisefremand.com, the Client agrees to receive communications from LOUISE FREMAND, including newsletters, commercial information, and promotions related to her products and services.

The sole proprietorship LOUISE FREMAND commits not to share the Client’s personal information with third parties for marketing purposes, in compliance with the prevailing privacy policy. Clients can unsubscribe from the newsletter at any time via the unsubscribe link in each email or by contacting LOUISE FREMAND directly.

ARTICLE 10 – DISPUTES AND LIABILITY

French law applies.

The Creator prioritizes amicable solutions. Any complaint must be sent in writing to contact@louisefremand.com. LOUISE FREMAND has two weeks to respond in writing.

If no satisfactory solution is found for both the professional Client and LOUISE FREMAND, any legal proceedings must be preceded by an attempt at amicable resolution. This is a mandatory conciliation clause with all related legal implications.

En cas de force majeure ou d’événement fortuit, LOUISE FREMAND ne pourra être tenue responsable envers le Client.

In cases of force majeure or unforeseen events, LOUISE FREMAND cannot be held liable to the Client. Force majeure is defined as an external, unpredictable, and irresistible event. Clients will be informed by any available means of the consequences of such events.

More broadly, LOUISE FREMAND cannot be held liable in the following cases:

  • Computer issues or malfunctions
  • Unintentional typographical errors
  • Legal or jurisprudence changes occurring after publication
  • Events beyond the reasonable control of the Company
  • Force majeure or unforeseen events as previously described.

The website is available continuously, 24/7. For updates or internal issues, it may be unavailable for a certain period.

In such cases, the Creator commits to taking measures to restore its proper functioning. However, she will not be held responsible if links, access, or areas remain inaccessible, and no financial compensation or indemnity will be provided by the Company.

Competent Jurisdiction Clause

In case of a dispute, if an amicable solution cannot be reached, the competent court shall be the one within the jurisdiction of the Court of Appeal where LOUISE FREMAND’s registered office is located, i.e. the Lyon Tribunal.