Business terms and conditions

1. Scope and contractual documents

These terms apply to e-commerce consulting and support services provided by Julie AKCAY EI, publisher of the KOE website, to clients acting for business purposes. Julie AKCAY EI — 13 rue Collas Marie, 37260 Monts, France — SIREN 952 896 363 — SIRET 952 896 363 00035 — contact@koe-commerce.com — +33 7 77 75 16 08. Registration details are set out in the legal notice. These terms are provided to the client with the quote before acceptance. Any expressly agreed specific terms take precedence in the event of a conflict. A new version of these terms does not amend an existing contract without both parties’ agreement.

2. Services and scope

KOE Start: one-off project scoping based on information shared by the client, without website or performance analysis, an audit or operational delivery. KOE Audit: a one-off review of an existing store and presentation of recommendations. KOE Pilot: ongoing support, with actions, level of involvement and frequency of meetings agreed in the quote. KOE Now: a focused engagement for a defined need.

The quote specifies the objectives, included and excluded work, deliverables, number of meetings, dependencies, timeline and resources. Complex development, advertising budgets, high-volume creative production, subscriptions and paid tools are included only where expressly stated. Any additional request requires written agreement on price and timing before work begins.

3. Quotes and contract formation

Services are tailored to each client and priced by quote. Pricing depends in particular on the size and complexity of the environment, scope, deliverables, workload, frequency of support and engagement duration. Each quote states its validity period. The contract is formed by written acceptance of the quote and these terms. Work starts on the agreed date, once the information, access and any deposit specified in the quote have been received. Downloading a request from the website does not create a contract.

4. Pricing and payment

Amounts, currency, VAT treatment and any authorised expenses are specified in the quote. KOE benefits from the French VAT exemption scheme: VAT is not applicable under Article 293 B of the French General Tax Code, for as long as the exemption conditions are met. Any change in tax status is reflected in the relevant quotes and invoices in accordance with the law. No deposit, recurring payment or minimum commitment is assumed: payment arrangements and due dates are those expressly stated in the accepted quote, within statutory limits. If no payment period is agreed, payment is due within the statutory period of thirty days following performance of the service. Payment methods are specified in the quote or invoice. No payments are collected through the website. No early payment discount applies unless agreed in writing. Any discounts are set out in the quote.

5. Late payment

From the day after the payment due date, late payment interest becomes payable automatically, without a reminder, at the applicable European Central Bank refinancing rate plus ten percentage points, in accordance with Article L. 441-10 of the French Commercial Code. A fixed recovery fee of EUR 40 is payable for each overdue invoice. If recovery costs exceed this amount, additional compensation may be claimed on production of supporting evidence, subject to applicable law.

6. Collaboration, access and timelines

The client appoints an authorised contact, provides relevant information, ensures that it holds the necessary rights to supplied content and responds to approval requests within the agreed timeframes. Access must be assigned to named individuals and limited to the needs of the engagement; passwords must not be sent through the website form. Expenditure and changes that commit the client require its prior approval. KOE may not bind the client to a third party without written authorisation. Any delay in providing information or approvals will require the parties to agree an adjusted timeline in writing.

7. Deliverables and duty of care

Deliverables and acceptance criteria are defined in the quote. The client identifies any specific deviations from the agreed scope; KOE corrects any non-conformity within its services. New requests constitute a change in scope. The client’s silence does not constitute automatic acceptance of a deliverable.

KOE undertakes to provide its services diligently under a duty of reasonable care and skill (obligation de moyens). No revenue, ranking, traffic volume or conversion rate is guaranteed. Results depend in particular on the market, the client’s resources and third-party services. This clarification does not exclude KOE’s liability for a breach of its obligations.

8. Duration, cancellation and termination

The duration, frequency of work and, where applicable, renewal and notice provisions are defined in the quote. No automatic renewal applies without an expressly accepted provision. Cancellation or postponement is handled by written agreement; services actually performed remain payable, and incurred expenses are charged only if previously authorised. In the event of a material breach, the affected party may request performance in writing and then terminate the contract in accordance with the law if the breach continues. Any deposits are accounted for against services and expenses actually due, without automatic forfeiture.

9. Confidentiality and client data

Each party protects the confidential information it receives and uses it solely for the engagement. This obligation does not cover information that is public, already lawfully held or required to be disclosed by law. No client reference, logo or identifiable result is published without authorisation. Where the engagement requires KOE to process personal data on the client’s behalf, an agreement compliant with Article 28 of the GDPR must be in place before any relevant access. It specifies, in particular, instructions, security, subprocessors, assistance, incidents, transfers and data return or deletion.

10. Intellectual property

Each party retains its pre-existing content, tools and know-how. Rights to use deliverables are specified in the quote according to their nature and intended use. Any assignment of rights must define the rights assigned, permitted uses, territory and duration. Third-party elements remain subject to their own licences. Paying for a service does not automatically transfer rights to all of KOE’s pre-existing methods and tools.

11. Liability, force majeure and disputes

Each party is responsible for damage caused by its breaches under applicable law. These terms impose no general exclusion of liability or unnegotiated financial cap. In the event of force majeure within the meaning of Article 1218 of the French Civil Code, the parties promptly inform each other and apply the statutory consequences regarding suspension or termination of the contract.

French law applies, subject to mandatory legal provisions. The parties seek an amicable resolution before referring a dispute to the courts with jurisdiction under ordinary legal rules. No exclusive jurisdiction of a commercial court is imposed.

12. Mandatory statutory protections

These terms do not deprive any client of applicable mandatory protections. For certain contracts concluded away from business premises with a business employing no more than five people, where the subject matter falls outside its main business activity, Article L. 221-3 of the French Consumer Code may extend certain protections. KOE checks the situation before signature and, where required, provides the relevant information, withdrawal form and arrangements for early performance. These business terms are not consumer terms and conditions.