Terms & Conditions - B-DESIGN Painting
These Terms & Conditions govern the B-DESIGN helmet painting services provided by Grégory Brand.
1. Service provider
B-DESIGN painting services are provided by:
Grégory Brand - Entrepreneur individuel (sole trader)
8 rue Albert Falsan
69450 Saint-Cyr-au-Mont-d'Or - France
SIREN: 493 803 993
SIRET: 493 803 993 00010
EU VAT number: FR55 493803993
Email: info@b-design.fr
Phone: +33 (0)4 78 47 85 05
In these Terms & Conditions, the service provider is referred to as B-DESIGN.
2. Purpose and scope
These Terms & Conditions apply to helmet painting, graphic design and artistic creation services entrusted to B-DESIGN.
They apply to both individual and professional customers, subject to any mandatory legal provisions applicable to each category of customer.
The accepted quotation, these Terms & Conditions and, where applicable, the separate B-DESIGN Project Framework document together constitute the contractual framework applicable to the service.
3. Quotation and formation of the order
Before the quotation is prepared, the customer provides the information required to assess the project: helmet type, brief, inspirations, logos, graphic elements, specific requirements and, more generally, any useful information.
The stage prior to preparation of the quotation does not include the creation of an artistic mock-up unless otherwise agreed in writing.
Unless otherwise stated, the quotation is valid for 3 months from its date of issue. After this period, the proposed prices and conditions may be revised and a new quotation may be issued.
The painting order becomes binding once B-DESIGN has received:
- the quotation accepted by the customer;
- the deposit specified in the quotation;
- acceptance of these Terms & Conditions;
- and, where required, the separately signed B-DESIGN Project Framework.
The customer's helmet does not necessarily have to have been physically received by B-DESIGN when the order is confirmed. It must, however, be delivered or shipped at the time agreed with B-DESIGN.
4. Price and deposit
The price of the service is the price stated in the quotation accepted by the customer.
Unless otherwise stated in the quotation, a deposit of 30% of the VAT-inclusive price of the painting service is payable when the order is confirmed.
This deposit represents a firm commitment by both parties. It is not a cancellation deposit.
Where a helmet, accessories or other products are purchased from the B-DESIGN Online Store, their sale is legally separate from the painting service and is governed by the B-DESIGN Online Store Terms & Conditions. These products may be invoiced separately by the entity operating the online store.
5. Payment of the balance
The balance of the painting service becomes payable at an advanced stage of completion, before the helmet is handed over or shipped.
At this stage, B-DESIGN may also ask the customer to confirm any required accessories, the method of collection or shipment, the final delivery address and the billing address.
The helmet will only be handed over or shipped once all amounts due in connection with the project have been paid in full.
Any photographs or videos provided during the work are for information purposes only and do not constitute, unless expressly agreed otherwise in writing, a proof for approval or a mandatory approval procedure on which payment of the balance depends.
6. Mock-up and artistic direction
Where a mock-up is included in the quotation, it is produced after the order has been confirmed and in accordance with B-DESIGN's schedule. It is not produced immediately upon acceptance of the quotation.
The mock-up establishes the general direction of the project. It does not constitute a contractually exact reproduction of the final result on a three-dimensional helmet.
Where a mock-up or visual is supplied by the customer, B-DESIGN remains free to make the technical and artistic adaptations required to transpose it onto the helmet.
The curves, vents, contours, joins, proportions, surface constraints and specific characteristics of the helmet necessarily require graphic and artistic adaptations during production.
B-DESIGN retains the technical and artistic freedom necessary to adapt the project to the helmet and achieve a result consistent with the intended level of finish.
7. Approval of the mock-up and requests for changes
Where a mock-up is provided, approval may be given by email or by any other unambiguous written confirmation from the customer.
Unless otherwise stated in the quotation, the price of the mock-up includes one reasonable set of adjustments grouped together in a single round of feedback.
Requests must be made in writing, preferably by email, grouped together and described with sufficient precision. Instructions given only by telephone become final only once confirmed in writing.
Numerous, successive or contradictory requests, or requests substantially changing the original concept, may be treated as a new mock-up or additional work and may result in an additional charge and a revised timeframe.
Once a mock-up has been approved, any further change remains subject to B-DESIGN's acceptance and technical feasibility. Where part of the work has already begun or been completed, B-DESIGN may refuse the requested change or, if accepted, charge for the corresponding reworking and additional work.
8. Project without a mock-up
Where the customer chooses a project without a detailed mock-up, the customer grants B-DESIGN artistic freedom to interpret the brief, the materials provided and the agreed direction.
The absence of a mock-up means that no detailed final visual is submitted for approval before the work is carried out.
A subjective difference between the final result and what the customer had personally imagined does not, in itself, constitute defective performance where the agreed brief and framework have been respected.
9. Mock-ups, files, logos and materials supplied by the customer
The customer may supply B-DESIGN with a mock-up, visual, graphic files, logos, drawings, photographs, text or other material intended to serve as a basis or reference for the project.
The fact that a mock-up or visual has been supplied by the customer does not necessarily mean that it is directly usable for painting the helmet and does not automatically eliminate the need for graphic or technical preparation work by B-DESIGN.
A customer-supplied mock-up may in particular require adaptation to the shapes, curves, vents, contours, proportions and constraints of the helmet, as well as vectorisation, redrawing, reconstruction, separation of graphic elements, resizing, modification or technical preparation of the files.
Where this work exceeds the adaptations normally included in the service or requires additional graphic preparation time, B-DESIGN will inform the customer and may propose an additional charge before proceeding.
These provisions also apply to images, mock-ups, visuals or files generated or assisted by artificial intelligence tools. Where such materials are not technically usable, require substantial reconstruction or reworking, do not allow the different graphic elements to be properly isolated, or cannot reasonably be adapted to the helmet, B-DESIGN may propose an additional charge for the work required or refuse to use them where satisfactory use is not reasonably possible.
B-DESIGN may also refuse a file, mock-up or other supplied element where its quality, format, design or technical characteristics do not allow it to be incorporated into the project in conditions compatible with B-DESIGN's quality standards.
The customer guarantees that they hold all necessary rights and authorisations relating to the logos, trademarks, drawings, photographs, texts, mock-ups, visuals and other materials that they ask B-DESIGN to incorporate into the project, including where such materials have been obtained or generated using artificial intelligence tools.
10. Colours, effects and final appearance
Colours displayed on a screen, reproduced in a photograph or supplied as a reference may vary depending on the medium, screen, lighting, clear coats and techniques used.
Certain colours, metallic, chrome, fluorescent, pearlescent, glitter or other technical finishes may present variations inherent in the handcrafted and artistic process.
References supplied by the customer provide artistic guidance. B-DESIGN may adapt shades and effects where necessary for consistency, technical feasibility and the quality of the finished work.
11. Timeframes and estimated production period
B-DESIGN provides an estimated production period rather than a firm delivery date, unless a specific contrary commitment has been expressly accepted in writing.
The time required for each helmet may vary depending on artistic complexity, technical constraints, the condition of the helmet, preparation stages, materials used, any necessary reworking and the time required to complete earlier projects.
A race, competition, event, departure date or other deadline requested by the customer is not guaranteed unless B-DESIGN has expressly accepted a firm date in writing.
An express option, where offered and charged, provides priority treatment and a shorter estimated production period. It does not guarantee a specific date unless otherwise expressly agreed in writing.
Any delay by the customer in sending the helmet, providing information, approving a mock-up, choosing accessories or paying amounts due may result in the estimated production period being postponed.
12. Helmet supplied by the customer
A helmet supplied by the customer remains the customer's property.
The customer must inform B-DESIGN of any significant impacts, repairs, previous work or known defects that may affect the painting service.
A previously used helmet may require additional preparation work, including repairing impacts, correcting surfaces, filling, preparing existing paintwork or any other work necessary to achieve the required finish.
Where such work can be identified before the quotation is prepared, it may be included in the quotation. Where it is discovered only after receipt or preparation of the helmet, B-DESIGN will inform the customer and may propose an additional charge before continuing.
B-DESIGN may refuse or suspend a service where the condition, construction, materials, previous repairs or any other characteristic of the helmet do not, in its professional assessment, allow the painting work to be carried out in conditions compatible with its technical and quality requirements.
Where amounts due remain unpaid, B-DESIGN may retain the helmet in accordance with applicable law until the amounts due in respect of the service have been paid.
13. Helmet purchased from the B-DESIGN Online Store
Where the customer purchases a helmet from the B-DESIGN Online Store for painting, the sale of the helmet is governed by the B-DESIGN Online Store Terms & Conditions.
Once paid for and made available, the helmet may be transferred directly to Grégory Brand for the B-DESIGN painting service without first being shipped to the customer.
If supplier availability is insufficient or there is a supply delay, the customer will be informed and an appropriate solution may be considered: waiting, changing the expected timeframe, choosing an alternative model or cancelling the sale of the helmet where its supply cannot reasonably be ensured.
A delay in obtaining the helmet may result in the estimated painting period being postponed.
14. Choice of size, model and homologation
The customer selects the model, size and reference of the helmet they wish to purchase or have painted.
It is the customer's responsibility to check that the selected helmet is suitable for their morphology and intended use and complies with the standards or homologations required for the relevant sporting discipline, championship, competition or other intended use.
B-DESIGN remains responsible for ensuring that the product actually supplied corresponds to the reference ordered and for the information expressly provided to the customer.
15. Helmet sent for fitting before painting
Where there is uncertainty regarding the size of a helmet purchased from the B-DESIGN Online Store, the helmet may be sent for fitting before painting with B-DESIGN's prior agreement.
Unless otherwise agreed, the initial shipment for fitting is paid for by B-DESIGN. The return of the helmet to B-DESIGN is arranged and paid for by the customer.
The helmet may only be tried on to check the size. It must not be used for driving or riding and must be returned complete, clean and undamaged with its original accessories and protective materials.
The helmet must be returned or the size definitively confirmed within 7 calendar days from receipt of the helmet. Any delay may result in the estimated painting period being postponed.
Any marking or damage requiring additional preparation before painting may result in an additional charge after the customer has been informed.
16. Use, care and ageing of the paintwork
Helmets painted by B-DESIGN are intended for use in environments that may expose them to significant stresses, including sporting use, temperature variations, humidity, radiation, friction, projections, storage conditions and cleaning products.
The customer is responsible for the use, storage and care of the helmet after it has been handed over.
B-DESIGN cannot be held responsible for changes, variations in appearance, deterioration or ageing of the paintwork resulting from inappropriate or abnormal use, exposure, storage or maintenance conditions, or more generally from causes external to the painting work itself.
Given the handcrafted and artistic nature of the techniques used and the diversity of colours, effects and finishes, certain changes resulting from use and ageing may occur without in themselves constituting a defect in the work.
These provisions do not affect the customer's rights where a defect is actually attributable to the performance of the service by B-DESIGN.
17. Workshop collection and shipping
Where the customer chooses to collect the helmet from the B-DESIGN workshop, the helmet will only be handed over once all amounts due in connection with the project have been paid in full.
Any accessories purchased at the time of collection, where they were not already included in the order, constitute a separate sale and are paid for using the available payment methods.
For painted helmets shipped by B-DESIGN, an appropriate shipping service may be offered, including Chronopost with insurance where this option is available and suitable.
Where the customer independently arranges collection by a carrier selected by the customer and not offered by B-DESIGN, the applicable statutory rules governing transfer of risk apply from the time the helmet is handed over to the carrier selected by the customer.
18. Photographs, videos and communication
For the purpose of presenting its expertise and activities, B-DESIGN may produce and publish photographs, videos, making-of content and other material showing completed helmets and certain stages of their production, including on its website, social media, portfolio, in the press, at events or through other communication materials.
This use may include a name or driver's name where it appears directly on the helmet as part of the design.
The customer may request in writing at info@b-design.fr that their project be subject to specific confidentiality arrangements or that their identity not be highlighted. Where possible, this request should be made before the relevant publication.
Where content directly shows an identifiable person, their face, voice or other personal features separate from the representation of the helmet itself, B-DESIGN will comply with the applicable authorisation and legal requirements.
19. Intellectual property rights in the creation
Payment for the service and ownership of the physical helmet do not automatically transfer intellectual property rights relating to original creations produced by B-DESIGN.
Unless specifically transferred in writing, B-DESIGN retains the rights relating to its creations, drawings, graphic compositions, mock-ups and artistic elements within the limits provided by law.
The customer acquires the painted helmet for normal personal or professional use but may not reproduce, commercially exploit, transfer to a third party as a graphic file or have the B-DESIGN creation separately reproduced without authorisation where such use would infringe the author's rights.
20. Consumer right of withdrawal
Where the contract is concluded at a distance with a consumer and no statutory exception applies, the consumer has 14 days from the conclusion of the service contract in which to exercise their right of withdrawal.
If the consumer wishes the service to begin before the end of this period, B-DESIGN will obtain the consumer's express request in writing or by any other unambiguous means allowing evidence of that request to be retained. This request may, in particular, be made by the consumer in reply to the email accompanying the quotation or contractual documents.
The consumer will also be asked to acknowledge that once the service has been fully performed by B-DESIGN, they will no longer have a right of withdrawal.
If the consumer exercises the right of withdrawal after performance has begun at their express request but before the service has been fully completed, the consumer may be required to pay an amount corresponding to the services actually performed up to the time when the withdrawal decision is communicated, proportionate to the total agreed price and in accordance with applicable law.
Where the service has been fully performed before the end of the withdrawal period at the consumer's express request and after the consumer has acknowledged the loss of the right of withdrawal once the service has been fully performed, the right of withdrawal can no longer be exercised.
Where a separate sale governed by the B-DESIGN Online Store Terms & Conditions concerns goods made to the consumer's specifications or clearly personalised, the statutory exception to the right of withdrawal applicable to such goods may apply.
The consumer may notify their decision to withdraw by sending an unambiguous statement to info@b-design.fr or by using the standard withdrawal form at the end of these Terms & Conditions.
21. Complaints
Any issue relating to a service should be reported to B-DESIGN as soon as possible at info@b-design.fr, together with the information and, where useful, photographs required to assess the situation.
B-DESIGN will examine each request in order to determine whether the issue arises from the performance of the service, the condition of the helmet, its use, storage or maintenance, or an external cause.
22. Consumer mediation
Following a prior written complaint to B-DESIGN that has not resulted in a satisfactory solution, the consumer may refer the matter free of charge to B-DESIGN's designated consumer mediator:
CM2C
49 rue de Ponthieu
75008 Paris - France
Website: www.cm2c.net
Phone: +33 (0)1 89 47 00 14
23. Personal data
Personal data required for the management of enquiries, quotations, orders, payments and services is processed in accordance with the B-DESIGN Privacy Policy available on the website.
24. Force majeure and external circumstances
B-DESIGN cannot be held liable for any delay or inability to perform resulting from an event of force majeure within the meaning of French law or from an external event temporarily or permanently preventing performance under the agreed conditions.
Where possible, B-DESIGN will inform the customer and seek an appropriate solution to the situation.
25. Applicable law and disputes
These Terms & Conditions are governed by French law.
For consumers, this choice does not deprive the customer of any more protective mandatory provisions from which they may benefit under the law applicable to their situation.
The parties will seek an amicable solution before initiating legal proceedings.
Standard withdrawal form
Complete and send this form only if you wish to withdraw from a contract for which the right of withdrawal applies.
For the attention of:
Grégory Brand - B-DESIGN
8 rue Albert Falsan
69450 Saint-Cyr-au-Mont-d'Or - France
Email: info@b-design.fr
I hereby notify you of my withdrawal from the contract relating to the following service:
Quotation / order no.:
Date on which the contract was concluded:
Consumer's name:
Consumer's address:
Date:
Signature, only if this form is submitted on paper: