These General Terms and Conditions of Sale (hereinafter the "GTCS") govern all sales of products, services, subscriptions, and software solutions offered by NG DYNAMIS—notably under the brands NGDESIGN, SHAPES, and FR SUPPLY, as well as any other brand or business activity subsequently operated by NG DYNAMIS.
Any order placed with NG DYNAMIS implies full and complete acceptance of these General Terms and Conditions of Sale.
1. SELLER IDENTIFICATION
NG DYNAMIS
SIRET : 837 717 198 00027
Adress : Route de Chacuzard, 73800 Myans, France
E-mail : contact@ng-dynamis.com
NG DYNAMIS markets products and services under various brands, including:
- NGDESIGN: graphic design, communication, printing, website creation and maintenance, subscriptions, and related services ;
- SHAPES: software and associated services offered, in particular, on a subscription basis ;
- FR SUPPLY: marketing of FORCH brand products ;
- as well as any other activity or brand operated by NG DYNAMIS.
2. SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply to all NG DYNAMIS clients, whether they are:
- consumers or private individuals (hereinafter "consumer CUSTOMER");
- professionals acting within the scope of their professional activity (hereinafter "professional CUSTOMER").
Certain provisions of these General Terms and Conditions of Sale apply specifically to consumers or to professionals. Where this is the case, the distinction is specified.
These General Terms and Conditions of Sale may be supplemented by specific terms and conditions applicable to certain products, services, subscriptions, or brands.
In the event of a conflict between these General Terms and Conditions of Sale and special conditions expressly accepted by NG DYNAMIS, the special conditions shall prevail.
3. PRODUCTS AND SERVICES
NG DYNAMIS offers various types of packages.
3.1. Product sales
The products offered for sale are presented with their essential characteristics, their price, and, where applicable, their delivery terms.
Photographs, illustrations, and product representations are provided for illustrative purposes. NG DYNAMIS strives to present products accurately, but slight differences may occur, particularly due to display conditions or the characteristics of the media.
3.2. Provision of services
Certain offers correspond to the provision of services, including:
- graphic design ;
- creation of communication materials ;
- website creation ;
- website maintenance ;
- technical services ;
- support and associated services.
The services can be customized according to the CUSTOMER's needs.
The specific terms and conditions of a service may be specified in the quote, the commercial proposal, or any other contractual document accepted by the CUSTOMER.
3.3. Subscriptions
Certain offerings are available on a subscription basis, notably certain web solutions from NGDESIGN and the SHAPES software.
The specific terms and conditions applicable to each subscription—including its price, frequency, content, and cancellation procedures—are indicated at the time of subscription.
4. ORDERS
The CUSTOMER may place an order in accordance with the procedures offered on the WEBSITE or directly with NG DYNAMIS.
Before confirming an online order, the CUSTOMER is advised to check its contents as well as the information provided.
Confirmation of the order constitutes acceptance of the characteristics of the ordered product or service, its price, and these General Terms and Conditions of Sale.
The order becomes final upon validation by the CUSTOMER and, where applicable, upon confirmation by NG DYNAMIS and/or receipt of payment.
NG DYNAMIS reserves the right to refuse or cancel an order, particularly in the event of:
- product unavailability ;
- technical or material impossibility of performing the service ;
- of a manifestly abnormal request ;
- a manifest error regarding the price or characteristics of a product ;
- of suspected fraud ;
- of default or payment incident.
In the event of the cancellation of an order that has already been paid for, for a reason attributable to NG DYNAMIS, the amounts corresponding to the services not performed will be refunded to the CUSTOMER.
5. PRICE
Prices are quoted in euros.
As NG DYNAMIS is a micro-enterprise benefiting from the VAT exemption scheme, VAT is not applicable.
Invoices must include the following statement, where the legal conditions are met: "TVA non applicable, art. 293 B du CGI"
The applicable prices are those displayed at the time of the order or those specified in the quote or commercial proposal accepted by the CUSTOMER.
Any additional costs, such as delivery charges, are indicated before the order is confirmed, provided they can be determined at that time.
NG DYNAMIS reserves the right to modify its rates at any time. Price changes do not apply to orders that have already been definitively confirmed, except where specific provisions regarding subscriptions apply.
6. PAYMENT
Payment may be made using the methods offered by NG DYNAMIS, including:
- credit/debit card via Stripe ;
- bank transfer.
Credit card payments are processed by the payment service provider Stripe. NG DYNAMIS does not store full credit card details.
Payment is due in accordance with the terms specified at the time of the order, in the quote, or in the applicable special conditions.
For subscriptions, when selecting this payment method, the CUSTOMER authorizes the recurring debit of the amounts due at the frequency specified at the time of subscription.
In the event of a refused, unpaid, or overdue payment, NG DYNAMIS may suspend the provision of the service or access to the service concerned until the situation is rectified.
7. PRODUCT DELIVERY
The products are delivered to the address specified by the CUSTOMER when placing the order.
The delivery times indicated on the WEBSITE or at the time of ordering are estimates, particularly when they depend on third-party carriers or suppliers.
For products sold under the FR SUPPLY brand, the estimated delivery time is generally 48 to 72 business hours, subject to product availability and any potential issues affecting transport or supply.
This period may be extended, particularly in the event of:
- due to a stockout or temporary unavailability of a product ;
- supply delays ;
- transportation problem ;
- exceptional weather conditions ;
- strike or industrial action ;
- of a logistical nature ;
- of force majeure ;
- or of any event beyond the reasonable control of NG DYNAMIS.
When multiple products from the same order cannot be shipped simultaneously, NG DYNAMIS may make a partial delivery.
In this case, the products actually delivered may be invoiced in accordance with the applicable terms, while the remaining products to be delivered are shipped at a later date or refunded, depending on availability.
Delivery terms may vary depending on the brand, supplier, carrier, and nature of the products.
The applicable delivery charges are indicated before the order is confirmed, provided they can be determined at that stage.
8. PROVISIONS SPECIFIC TO PARTS ORDERS
Unless otherwise indicated, FR SUPPLY orders are subject to a minimum order value of €40.
An order may be delivered in multiple shipments when certain products are temporarily unavailable or placed on backorder.
In this situation, the available products can be shipped without waiting for the remaining products to become available for delivery.
Backordered products are shipped as soon as they become available or refunded in the event of prolonged unavailability.
Delivery conditions, timeframes, and any applicable delivery charges are indicated to the CUSTOMER before the order is confirmed.
9. NGDESIGN SERVICES
The services offered under the NGDESIGN brand may include, among others, graphic design, printing, website creation, web subscriptions, and maintenance.
9.1. Time limit
Timeframes for design, production, printing, online publication, or delivery vary depending on the nature and complexity of the service.
When a timeframe is indicated, it may depend in particular on:
- upon receipt of the necessary items provided by the CUSTOMER ;
- of the validation of mock-ups or proposals ;
- the number of requested modifications ;
- supplier printing or production lead times ;
- lead times from technical service providers ;
- the availability of domain names or third-party services ;
- of delivery ;
- or any event beyond the control of NG DYNAMIS.
Any delay resulting from the late transmission of information or a lack of validation by the CUSTOMER may lead to a corresponding shift in the project schedule.
9.2. Approval of designs
When the service requires approval of a mockup, visual, proof (BAT), proposal, or prototype, the approval given by the CUSTOMER authorizes NG DYNAMIS to proceed with production.
The CUSTOMER is responsible for verifying the approved items, in particular:
- texts ;
- contact details ;
- spelling ;
- references ;
- dimensions ;
- quantities ;
- colors ;
- graphic content.
Once custom production has commenced following the CUSTOMER's approval, modifications or additional requests may be subject to supplementary charges.
10. WEBSITE CREATION AND MAINTENANCE
Website creation services include only the elements expressly specified in the offer, quote, or selected package.
Launching a website may depend on third-party services such as:
- hosting ;
- domain name ;
- messaging services ;
- statistical tools ;
- payment solutions ;
- extensions or third-party software.
When these services are included in a package, their terms and conditions are specified in the corresponding offer.
Maintenance services may include, in particular, updating, correction, backup, monitoring, or support operations, depending on the subscribed service level.
Unless otherwise specifically agreed, NG DYNAMIS does not guarantee uninterrupted operation of the site or of services dependent on third-party providers.
11. SUBSCRIPTIONS AND RECURRING SERVICES
Some services offered by NG DYNAMIS operate on a subscription basis.
The price, frequency, and content of the subscription are indicated at the time of sign-up.
Unless otherwise indicated, subscriptions are automatically renewed at the end of each term to ensure continuity of service.
The CUSTOMER may request the cancellation of their subscription in accordance with the procedures specified at the time of sign-up or within their customer area, where such an area is available.
Termination puts an end to future renewals. Amounts already due, or corresponding to a period that has already commenced, remain payable, subject to any statutory provisions to the contrary or more favorable special conditions.
In the event of non-payment, NG DYNAMIS may temporarily suspend access to the service after notifying the CUSTOMER.
12. SHAPES
SHAPES is software marketed by NG DYNAMIS, notably via a subscription model.
The subscription allows the CUSTOMER to access the features included in the subscribed offer for the duration of the subscription.
The CUSTOMER undertakes to use SHAPES in accordance with its intended purpose and any conditions of use communicated with the software.
The CUSTOMER is responsible for the confidentiality of their login credentials and must notify NG DYNAMIS of any unauthorized use of their account.
NG DYNAMIS may update the software's features, particularly to ensure its maintenance, security, and improvement.
Certain temporary interruptions may be necessary to perform maintenance or due to a technical incident beyond NG DYNAMIS's control.
13. CONSUMER RIGHT OF WITHDRAWAL
The provisions of this article apply exclusively to consumer CUSTOMERS when they are entitled to the statutory right of withdrawal.
13.1. Principle
In accordance with applicable regulations, for distance contracts, the consumer has a period of fourteen (14) days to exercise their right of withdrawal, without having to justify their decision or bear any costs other than those provided for by law.
For contracts for the sale of goods, this period runs from the receipt of the goods by the consumer or by a third party designated by them, in accordance with applicable legal provisions.
The right of withdrawal must be exercised by means of an unequivocal statement expressing the consumer's intention to withdraw.
13.2. Condition of returned products
The consumer CUSTOMERS must handle and store the products with all reasonably necessary precautions.
In accordance with regulations, the CUSTOMER may be held liable for any depreciation of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and proper functioning.
Consequently, returned products must, to the extent possible, be returned in a condition that allows them to be resold, including any accessories and components.
Opening the packaging does not, in itself and automatically, result in the loss of the right of withdrawal.
However, where the use or handling of the product has resulted in a reduction in value—specifically due to signs of use, assembly, disassembly, scratches, soiling, deterioration, or modification of the product or its packaging—NG DYNAMIS may apply a reduction to the refunded amount corresponding to the actual depreciation observed, within the limits prescribed by regulations.
13.3. Return conditions and product condition
The CUSTOMER must return the products in a condition suitable for resale, accompanied, whenever possible, by their original accessories, manuals, packaging, and protective elements.
For automotive and technical parts, the CUSTOMER is advised to verify their compatibility with their vehicle prior to any installation, assembly, or use.
Any part that has been mounted, installed, or used on a vehicle—and which, as a result, shows signs of mounting, removal, tightening, scratches, impacts, traces of grease or oil, damage to fasteners, threads, or connectors, or any other mark of use—cannot be returned if its condition no longer allows for resale under normal conditions.
More generally, NG DYNAMIS reserves the right to refuse the return of a product if its condition or any damage renders it unfit for resale—particularly where the product has been used, installed, modified, or damaged beyond what is necessary for simple inspection.
In such a case, the product may be returned to the CUSTOMER at their expense, and no refund will be issued if the condition of the product no longer allows for its return to stock and resale, subject to mandatory legal provisions regarding the right of withdrawal.
The CUSTOMER is therefore expressly advised to carry out all necessary checks regarding the product reference, compatibility, and specifications prior to any installation or use.
13.4. Personalized products
In accordance with the exceptions provided for by regulations, the right of withdrawal may not apply to goods made to the consumer's specifications or clearly personalized.
This provision may apply, in particular, to certain personalized creations or prints offered by NGDESIGN.
The applicable conditions are specified at the time of ordering, where necessary.
13.5. Provision of services
For the provision of services, the consumer generally has a period of fourteen days from the conclusion of the contract.
If the CUSTOMER expressly requests that the performance of the service begin before the end of the withdrawal period, NG DYNAMIS obtains, where required by regulations, their express agreement and acknowledgment that, in the event of full performance of the service before the end of the period, they will lose their right of withdrawal.
Once the service has been fully performed under these conditions, the right of withdrawal can no longer be exercised, in accordance with applicable legal provisions.
13.6. Digital content and software
For software, digital content, and digital services supplied without a tangible medium, where regulations so provide, the right of withdrawal may be lost when performance begins immediately following the consumer's express consent and express waiver of their right of withdrawal.
The applicable terms and conditions are indicated at the time of subscription.
13.7. Return shipping costs
When the right of withdrawal is exercised in accordance with legal requirements, the direct costs of returning the product shall be borne by the CONSUMER, unless NG DYNAMIS agrees to cover them or regulations dictate otherwise.
13.8. Refund
When the right of withdrawal is validly exercised, NG DYNAMIS refunds the amounts due in accordance with the timeframes and procedures prescribed by regulations.
Reimbursement may be deferred until the goods are recovered or until the CUSTOMER has provided proof of shipment of the goods, whichever occurs first.
14. RETURNS AND REFUNDS
Where a right of withdrawal applies, the CUSTOMER must return the products in accordance with the conditions stipulated by regulations.
Where possible, products must be returned in a condition that allows them to be resold, subject to the rules applicable to the exercise of the right of withdrawal.
Refunds are processed within the statutory timeframes.
Where permitted by law, the refund may be deferred until the product is recovered or until the CUSTOMER provides proof of shipment.
15. STATUTORY WARRANTIES
Products sold to consumers are covered by the statutory warranties provided for under French regulations, including:
- the statutory guarantee of conformity ;
- the statutory warranty against hidden defects.
These guarantees apply independently of any commercial warranty offered by the manufacturer or by NG DYNAMIS.
For professional CUSTOMERS, the applicable warranty terms are those provided for by regulations and, where applicable, by the specific terms or manufacturer's warranties.
Any warranty-related request must be addressed to NG DYNAMIS, accompanied by information identifying the order and the product concerned.
16. RESPONSIBILITY
NG DYNAMIS commits to exercising reasonable care in the performance of its obligations. However, NG DYNAMIS cannot be held liable for damages resulting, in particular, from:
- from improper use of the product or service ;
- erroneous or incomplete information provided by the CUSTOMER ;
- a delay attributable to the CUSTOMER ;
- a failure by a third-party service provider or supplier ;
- of a force majeure event ;
- an interruption of a third-party service ;
- the unavailability of a telecommunications network or service ;
- rom any fraudulent or unauthorized use of the CUSTOMER's credentials.
For consumer CUSTOMERS, no provision of these General Terms and Conditions of Sale is intended to limit or exclude the rights and guarantees granted to them by law.
For professional CUSTOMERS, NG DYNAMIS’s liability is limited to direct, foreseeable, and proven damages resulting from a breach directly attributable to it, within the limits permitted by applicable regulations.
17. INTELLECTUAL PROPERTY
Trademarks, logos, software, text, graphics, photographs, creative works, visual elements, content, and other elements belonging to NG DYNAMIS or its partners remain protected by applicable intellectual property rights.
Unless otherwise agreed, the purchase of a product or service does not entail the automatic transfer of intellectual property rights held by NG DYNAMIS or by third parties.
As part of the services provided by NGDESIGN, the terms governing the assignment or licensing of rights to the creations may be specified in the quotation or the special conditions.
The CUSTOMER warrants that it holds the necessary rights regarding the elements it transmits to NG DYNAMIS for the performance of a service.
The CUSTOMER remains responsible, in particular, for the content, images, logos, text, or other elements it provides, where such elements were not created by NG DYNAMIS.
18. PERSONAL DATA
Personal data collected in connection with orders, contact requests, and the use of the WEBSITE are processed in accordance with NG DYNAMIS's Privacy policy.
This policy specifies, in particular:
- the data collected ;
- the purposes of the processing ;
- the legal bases ;
- retention periods ;
- the recipients ;
- individual rights ;
- the procedures for exercising these rights.
The CUSTOMER may consult this policy on the WEBSITE.
19. FORCE MAJEURE
NG DYNAMIS shall not be held liable for any delay or non-performance resulting from an event reasonably beyond its control that constitutes force majeure within the meaning of applicable regulations.
Events that may be covered, provided they meet the legal requirements, include, in particular:
- natural disasters ;
- fires ;
- floods ;
- epidemics or pandemics ;
- strikes ;
- conflicts ;
- major transport disruptions ;
- major network outages ;
- cyberattacks ;
- failures of suppliers or service providers ;
- administrative decisions ;
- or any other event meeting the legal criteria for force majeure.
Performance deadlines may be extended for the duration of the event preventing the normal performance of the contract.
20. CLAIMS
Any claim must be submitted to NG DYNAMIS as soon as possible to enable it to be processed.
The complaint may be addressed to:
By E-mail : contact@ng-dynamis.com
or
By mail : NG DYNAMIS, Route de Chacuzard, 73800 Myans, France
The CUSTOMER is requested to provide all information relevant to the review of their request, including their order number, the reference of the product or service concerned, and a precise description of the problem.
21. CONSUMER MEDIATION
In accordance with the provisions applicable to consumers, NG DYNAMIS will indicate on the SITE and/or in its commercial documents the contact details of the consumer mediator to which it subscribes.
In the event of a dispute that remains unresolved following a prior complaint to NG DYNAMIS, the consumer may, provided the legal conditions are met, have recourse to the competent mediator free of charge.
Consumer mediator: CM2C
In the event of a dispute that remains unresolved following a prior complaint to NG DYNAMIS, the consumer may refer the matter, free of charge, to the consumer mediator with jurisdiction over NG DYNAMIS: CM2C, 49 Rue de Ponthieu, 75008, Paris, France.
22. APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law.
For consumer CUSTOMERS, the mandatory protective rules applicable to them remain fully applicable, particularly those relating to consumer law.
For professional CUSTOMERS, any dispute relating to the interpretation or performance of these General Terms and Conditions of Sale falls under the jurisdiction of the competent courts in accordance with general legal rules, subject to applicable mandatory legal provisions.
23. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS OF SALE
NG DYNAMIS may modify these General Terms and Conditions of Sale, particularly to reflect changes in its activities, its offerings, or regulations.
The General Terms and Conditions of Sale applicable to an order are those accepted by the CUSTOMER at the time of the order.
For contracts involving successive performance and for subscriptions, modifications may be communicated to the CUSTOMER in accordance with applicable regulations and contractual provisions.
24. NULLITY OF A CLAUSE
If any provision of these General Terms and Conditions of Sale were declared null, illegal, or unenforceable, the remaining provisions would remain fully applicable.
The parties shall endeavor, where possible, to replace the provision in question with a valid provision having an economic and legal effect as close as possible to that of the original provision.
25. ACCEPTANCE
By confirming an order, signing a quote, or subscribing to an offer, the CUSTOMER acknowledges having read and accepted these General Terms and Conditions of Sale.
Where required by regulations, the CUSTOMER also confirms having received the pre-contractual information to which they are entitled.
NG DYNAMIS, Route de Chacuzard, 73800 Myans, France
SIRET : 837 717 198 00027