Terms of Sales
NWL TECHNOLOGY (hereinafter referred to as NWL or the Company or the Service Provider) has developed a service for generating visual digital content from images and text using a template or template.
The User transmits images to the Application which allows him to select them on his communication station (computer, smartphone / smartphone, etc.) or through an application programming interface (Application programming Interface – API) by entering the URL address of an image already online in a dedicated form.
The User can then integrate his images into models (templates) and add customizable text elements (fonts, effects, etc.) in order to generate unique digital content that corresponds to him.
NWL not only offers a very wide range of "templates", but also a creation service by professional graphic designers to generate personalized and individualized "templates".
These general conditions of service provision (CGPS) constitute the contract concluded between NWL and the User or the Client.
The Application will be made available on the following “stores”: “Apple Store” and “Play Store”. A website (the Site) is accessible at the address: https://www.img2design.com
The Site and the application are published by NWL TECHNOLOGY is a simplified joint stock company (SAS) whose head office is located at LECLERC building, 97 139 Les ABYMES and whose registration number in the Trade and Companies Register is 8419 528 522 represented by Amael NOEL in his capacity as Managing Director.
You can also contact us by email hello@img2design.com and on social networks:
The Site host is Microsoft Azure France SAS, whose head office is located at 39 quai du President Roosevelt - 92130 Issy les Moulineaux.
The use of the site and/or the Application implies full acceptance of these general conditions.
Agreement / CGV / CGPS: these terms refer to these general conditions
Application: this term designates the digital content generation services offered by NWL within the framework of the present and as described in the preamble.
Client (or User): this term designates any person, professional or individual, who uses the Application, regardless of whether this use is free of charge or subject to payment. Professionals are informed and accept, within the limits permitted by law, not to be able to benefit from the provisions of consumer law and the stipulations of these issues or justified by consumer law.
Account means the information that you communicate to us and the management interface that allows you to view your recent creations, manage your billing address, change your passwords and Account details (last name, first name, displayed name, email address).
Configurateur désigne l’interface de personnalisation par les Clients. L’attention du Client est attirée sur le fait que les présentations graphiques sont des exemples de réalisations et non le résultat final.
Configurator designates the customization interface by Customers. The Customer's attention is drawn to the fact that the graphic presentations are examples of achievements and not the final result.
Digital Content: in the context of these terms, these terms refer to the content generated from the Information Elements transmitted by the User and the production of which is the subject of the Application.
Informational Elements means any information transmitted by the Customer for the purpose of having a personalized product produced. These elements can be but are not limited to images, text, screenshots etc.
Parties: this term refers to NWL and the Client/User.
These are exclusively applicable to the generation of Digital Content by the Application. They are written in French as well as all the contractual information mentioned in the Application or on the Site.
These conditions shall prevail over any other general or specific conditions unless approved in writing by NWL.
Availability and enforceability:
These are made available to Customers on the NWL website and in the application where they can be directly consulted.
The CGPS are opposable to the Customer who acknowledges, by ticking a box provided for this purpose, to have read them and to have accepted them without reservation before using the services.
The use of the Application implies acceptance by the Customer of the CGPS in force on the day of use.
Modification of the T&Cs:
NWL reserves the right to modify its CGPS at any time.
In the event of modification of the CGPS, the applicable CGPS are those in force on the date of use of the Application. The logs produced by NWL relating to the dates and times of use are authentic until proven otherwise.
General Terms and Conditions unit:
The nullity of a contractual clause does not entail the nullity of the CGPS.
The temporary or permanent non-application of one or more clauses of the CGPS by the Company does not constitute a waiver on its part of the other clauses of the CGPS which continue to produce their effects.
The Digital Content sold are digital graphic creations which are not intended to be printed.
These are immaterial and digital creations.
If the Customer wishes to print his creations, in particular with a view to distribution on the public highway, it is his sole responsibility to include the mandatory information and he must imperatively inform the Company which may, without this being an obligation, carry to its knowledge of all or part of the obligations incumbent on it. The Client is reminded that the Company is not intended and is not authorized to provide legal advice. This is why the Client must alone assume the legality of the Digital Content that it generates on the basis of the Information Elements that it provides.
The elements of communication and in particular the images, videos, renderings present on the Site and in the Application do not constitute contractual documents.
The Client is informed and assumes that the Digital Content is produced on the basis of the files and Information Elements that he communicates to the Company. Under no circumstances and under no circumstances can the Company be held liable if the event giving rise to it is based, even partially, on the Information Elements provided by the Client.
Price of services
The Application makes it possible to generate free Digital Content thanks to dedicated "templates".
Access to other "templates" or to certain options gives rise to the payment of a price fixed in the commercial offer.
The commercial offer also offers subscriptions so that the Customer can generate a greater number of digital content or have a greater number of options.
In practice, when you generate your Digital Content with the Configurator, you have access to the price of your product excluding VAT.
The prices can also be determined on the basis of an estimate which will then prevail over the price possibly indicated on the site.
The total amount due is indicated on the order confirmation page or on the quote accepted or indicated when the Customer takes out a subscription.
The selling price of the product is that in force on the day of the order.
Price change
NWL reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
Payability
The price and costs are due in full after confirmation of the order or when taking out the subscription.
Payment
Payment can be made directly in the Application.
Payment can also be made by credit card. NWL then sends you an online payment link.
The effective payment of the price after the Customer has received confirmation of his order entails access to the "templates" and paid services corresponding to the price paid. It is important to note that only the provisions relating to the price do not apply to free Digital Content, but that all other stipulations remain applicable in this context.
As long as the payment is not effective, the Company reserves the right to cancel at its discretion the order(s) not yet paid without this being able to open any means of recourse to the Customer.
Late and/or default in payment
The delay, default or refusal of payment have the consequences that the services and "templates" to which they correspond will not be accessible.
In the event of a payment problem, the Company reserves the right to prohibit access to its Application and its services to the disputed account and to block access to the IP addresses used.
The online sales offers presented on the site are valid, in the absence of any indication of a specific duration, as long as the customizable Digital Content on the Application.
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Account Creation
The creation of the Account implies the communication of a valid e-mail address in order to send you the e-mail confirming the creation of the Account in order to fight against identity theft and a password.
In accordance with the doctrine of the Commission Nationale de l'Informatique et des Libertés, we recommend that your password be at least composed of twelve (12) alphanumeric characters, case-sensitive (upper and lower case letters and a number at least) and at least one special character.
You can also log in using your Facebook and/or Google account.
The password is strictly personal and confidential. Under no circumstances should you share it. The Client must immediately notify the Company of the actual, supposed or potential compromise of his password and, without delay, modify his password.
Once the account has been created, you have access to your dashboard which allows you to view your recent creations, indicate your billing address and modify the Account settings (last name, first name, displayed name, email address).
The processing of personal data concerning you is described in our processing policy.
Using the Configurator
The Configurator allows you:
- choose a format: square, story, landscape, portrait...
- to choose the number of images used for the generation of digital content;
- to choose a sector of activity: real estate, vehicles, etc.
- enter a text or upload the file of your choice in high definition (logo, trademarks, etc.) under the conditions provided for herein (formats, resolution/definition, etc.).
- to choose the dimensions of your Digital Content within the limits provided by the Configurator;
- to choose a typography.
Once the choices have been made, a summary of the Digital Content is submitted to you.
You then click on the “Generated” button and You can recover the Digital Content that you created in .JPEG formats.
The Company may or may not initiate an analysis of your creation at its discretion and make recommendations to optimize use (image resolution, text size, choice of colors, etc.) or reduce the price if necessary. The fact of not exercising this option cannot engage the responsibility of the Company. The Customer is solely responsible for the suitability of the product that he himself has personalized and generated and over which the Company has no obligation to control.
Request for a tailor-made service
In order to mark your difference a little more, you may wish to use a unique, individualized and personalized “template” created to measure by our teams of professional graphic designers.
Once you have defined your needs with our teams, we send you the quote. Quotations are valid for one month from their date of issue.
The statements appearing on the quote prevail over these CGPS.
Upon acceptance of the quote, the customer must pay a deposit of 50% of the total amount of the order including tax. The Customer's attention is drawn to the fact that as long as the deposit is not actually paid, his order will not be taken into account. The payment of the deposit materializes the acceptance of the estimate.
From the payment of the deposit our teams will work on your project which requires the payment of the balance of the order in order to deliver the final "template".
You are then asked to pay the price. The payment of the price characterizes your validation of the order.
Changing the order
Once the Digital Content has been validated, generated and then downloaded by the user, the orders can no longer be modified.
Exceptionally, any modification of the order by the Customer after payment is subject to the Company's discretionary acceptance.
The modification of the order after payment may give rise to the invoicing of costs, in particular processing costs.
The Company reserves the right to make changes to Digital Content ordered which are linked to technical developments under the conditions provided for by the legal framework in force at the time of placing the order.
The contract is perfect from the moment the Customer has paid the agreed price and has validated the Digital Content he has created.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful copy. These communications, purchase orders and invoices can be produced as proof of the contract.
The Client accepts that the evidence (logs, exchanges of emails, etc.) produced by the Company are considered valid evidence as long as proof to the contrary is not provided.
Resolution
Once the Customer has validated his Digital Content and downloaded it, the contract can no longer be resolved on his own initiative. Indeed, digital constraints mean that from the moment the file has been downloaded by the customer, he can reproduce it at his leisure without the Company's agreement. It is therefore not possible for the Customer to be able to recover the file and then request the termination of the contract when his co-contractor no longer has any means of ensuring that the user does not exploit the Digital Content.
The contract may be terminated by the Company in particular in the event of:
- non-payment of the price;
- non-compliance by the Customer with its obligations as provided for by these CGPS (Informational Elements infringing the rights of third parties or the Company, previous order not settled, non-compliance with the normative framework in force, etc.);
- incident, difficulty or late payment on another Customer order.
When ordering, the Customer accepts that the provision of invoices is made electronically. No invoice will then be attached at the time of shipment.
This right can only benefit consumers within the meaning of the Consumer Code.
The User acknowledges and accepts that the services are fully executed as soon as the User has access to them and that they do not suffer from any blocking anomaly in accordance with the provisions of Article L 221-28 paragraph 13 of the consumption, according to which the right of withdrawal cannot be exercised concerning in particular contracts "for the supply of a service fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right to retract.
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
As a result of the aforementioned stipulations and the application of Article L. 221-28 of the Consumer Code, the User acknowledges and accepts that he cannot benefit from the right of withdrawal.
The User accepts without reservation that the Service Provider may use his name and, where applicable, his distinctive signs as well as the Digital Content of the Client in order to promote his activity, for example but not limited to, within the framework of a portfolio or a "They trusted us" section.
If the User does not wish his name or distinctive signs to be used or wishes to maintain the confidentiality of his contractual relations with the Service Provider, he must inform it in writing.
Except for commercial advice and subject to the provisions stipulated by these CGPS, the Customer is solely responsible for the suitability of the products that he personalizes to his needs.
The Customer acknowledges that the products are made from the Information Elements that he transmits to the company and that he alone assumes the consequences of their use, for example, if they are not suitable for obtaining the expected result or that they infringe the rights of third parties or of the Company in particular.
The Customer undertakes to use the products in accordance with their intended purpose. For example, do not distribute the flyers on the public highway if they do not include all my imperative mentions.
More generally, the Client undertakes to respect the normative and jurisprudential framework in force and guarantees the Company against any action that may be brought against him on the basis of a breach by the Client of the obligations arising from these presents. In particular, he undertakes to intervene in any conciliation procedures and, if necessary, to be called to the cause.
The Customer undertakes to provide informational elements in non-proprietary formats, that is to say in particular which do not require the acquisition of software licenses.
The Customer is informed and accepts that the supported formats are: .PNG and .JPG – 300 DPI, maximum size 64 MB.
The Client guarantees to the Company that the informational elements it transmits comply with the legal framework in force. These contents must therefore in particular not infringe the rights of third parties, nor the rights of the Company (intellectual property, privacy, defamation, competition, incitement to racial, ethnic or religious hatred, apology for war crimes, discrimination, etc.). Under no circumstances may the Company be held liable in the event of a breach of this obligation by the Client.
The Customer undertakes to pay the agreed price as well as the costs after having validated the order.
The Company undertakes to provide products that comply with their usual destination.
The Company does not guarantee that its products comply with destinations that have not been clearly expressed by the Customer. For example, a Customer cannot claim compensation if he used the Digital Content to distribute flyers on the public highway, if he did not specify that he wanted to display them outdoors, etc.
The Customer creating the desired product himself, in particular thanks to the Configurator, the Company cannot guarantee that the final product will be adapted to his needs, which he himself determined at the time of creation and on which the Company has not , under the terms of the present, no obligation of control or verification.
The Company undertakes to provide a product that complies with the specifications indicated when ordering: dimensions / resolution, form of support, character fonts, Informational Elements.
The Company has no obligation to check the Information Elements provided by the Client for the purpose of producing a personalized product. In particular, the Company does not control compliance with the legal framework in force, syntax, spelling, layout.
The Company does not check the adequacy of the Information Elements with the result expected by the client (format, proportions, resolution, etc.).
The representations generated by the Company are non-binding, in particular due to the technical constraints and settings specific to each screen on which the project or product examples are displayed. In particular, but not limited to, the result may vary depending on the quality of the screen, its settings (brightness, contrast, etc.), the type of hardware used (desktop computer and mobile phone, graphics card, etc.).
Each achievement is unique.
Liability The Company cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
Liability The Company cannot be held liable for improper installation or any other damage beyond its control, such as, for example, difficulties related to the state of the Internet network.
The Company cannot be held liable for material damage likely to affect buildings, installations and movable, tangible or intangible property of the Client or a third party.
Liability The Company cannot be held liable for non-compliance of the product with the legislation of the Customer's country, to which it is responsible to check whether the product is not prohibited for sale in his country.
Within the limits permitted by applicable law The Service Provider provides access to the Application and (if applicable) all related support services without any express or implied warranty.
The Application and the services are provided as is and with all their possible imperfections. The Service Provider expressly excludes all other implicit or express guarantees, including, without limitation, any (if applicable) implicit guarantee of quality, suitability for a particular use and any guarantee of exclusion of the rights of a third party, accuracy of information in the documentation.
The Service Provider excludes in particular, without this list being exhaustive, any guarantee against any interruption in the total or partial functioning of the Platform, its malfunctions and its errors. The Service Provider does not guarantee that the defects of the Platform will be corrected.
No information or advice, communicated in any way whatsoever, in particular orally or in writing by the Service Provider or one of its representatives can create a guarantee for the benefit of the User.
The limited warranty set out above is the only warranty granted to Users by The Service Provider. The Service Provider expressly excludes all warranties, including legal ones, other than those set out above, this exclusion including in particular any warranty for hidden defects (to the extent permitted by applicable regulations), absence of defectiveness, within the meaning of the laws and regulations in force, or suitability for use.
If the performance of the contract or of any obligation incumbent on the Service Provider is prevented, limited or altered due in particular to a failure of the transmission networks, the collapse of the installations, a power failure, a law, a governmental injunction, request or requirement (for example local or general confinement), a strike or any other circumstance beyond the reasonable control of the Service Provider then, subject to having promptly notified the situation to the User, the Service Provider will be exempted from performing its obligations for the duration of the impediment, limitation or alteration. Conversely, the User will then be, in the same proportions and in the same context, exempted from the performance of his obligations which are affected by the aforementioned context.
Restrictions
The total liability of the Service Provider for any damage whatsoever suffered as a result of the Application or the Site, and occurring in any way whatsoever, within the limits expressly specified herein may in no case exceed the amount paid for the acquisition of the rights to use the Application and/or the Site which caused the damage.
This limitation does not apply in the event of death or bodily injury resulting in particular from the negligence of the Service Provider, if (and insofar as) the legislation in force provides for this liability.
The Company ensures an availability rate of its services of 90% excluding force majeure and maintenance period.
You are nevertheless reminded that the use of the Application and the Site implies the use of an internet connection. The Company cannot under any circumstances or circumstances be held responsible for difficulties in use due to electronic communications networks over which it has no means of action. On the other hand, it guarantees to have servers with response times adapted to the needs of Users.
In the event of a malfunction of the Application or the Site, you can contact the Company, which undertakes to process your request within one working day.
The elements reproduced on this Site and on the Application (photographs, visuals, texts, drawings and images etc.), which are the exclusive property of the Company, are protected by copyright, trademark law and patent law in particular.
Any reproduction and any distribution of these elements, without the prior written authorization of the company, expose the offenders to legal proceedings.
The Client retains full ownership of the Information Elements that he transmits to the Company under his responsibility with a simple right of use for the purpose of producing the product requested by the Client.
In the event of a dispute, you must first contact the Company's customer service department, Monday to Friday, except public holidays or non-working days, or by email or post.
In the event of failure of the complaint request or in the absence of a response within two months, the Client or the Company may submit the dispute to a mediator who will attempt, in complete independence and impartiality, to reconcile the parties in with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These T&Cs are subject to French law.
Disputes are, within the limits permitted by law, submitted to the courts of Paris (Commercial Court) even in the event of multiple defendants or warranty claims, despite any stipulation that may be included in the commercial documents of the Customer.
Freshness date: June 2023