Preamble
The General Conditions of Sale (CGV) constitute the elements of the contract for the provision of services offered by Marie Heuman. The order will only be taken into account when the Customer has accepted these general conditions of sale. Any Client of Marie Heuman acknowledges having read this document before having signed a quote with the mention “good for agreement”, and having the capacity to contract with Marie Heuman. Any signature of a quote constitutes express and unreserved acceptance of these conditions.
These General Terms and Conditions present the rights and obligations of Marie Heuman, specialized in interior decoration and design, SIRET 89744468300014, hereinafter referred to as “We”, “our company” or by its name on the one hand. , and any natural or legal person wishing to benefit from the services of Marie Heuman, hereinafter referred to as “Client” on the other hand. These general conditions of sale will prevail over all other conditions appearing in any other document, unless otherwise waived, expressly and in writing. Any national of the European Community and countries respecting directive 95/46/EC cannot claim their lack of linguistic knowledge as a clause for cancellation of the contract. These general conditions of sale may be modified at any time by Marie Heuman. Indeed, We reserve the right to modify the General Terms and Conditions according to the evolution of our activities. The company Marie Heuman EI offers advice on interior design and decoration to Clients and supports them in formalizing their design and/or transformation project of one or more rooms in their home or professional premises.
Article 1: object
The General Terms and Conditions govern and apply without restriction or reservation to all relations between Marie Heuman and any person who requests her services. These General Terms and Conditions aim to define the terms in which We will carry out our services following the express request of the Customer. These presents may be supplemented, if necessary, by special conditions, which in this case will be annexed. We undertake to do everything possible to provide satisfaction to our Client, in accordance with the estimate established, by regularly informing them of the progress of their achievements. Once the file has been given to the Client, the Client cannot submit subjective arguments to Us (example: taste) to justify restarting these deliverables or refusing payment for the services for which they have committed. However, exceptionally and at the discretion of Marie Heuman, adjustments may be made to these documents, at the Client's request. Any other request will be the subject of a new study and therefore, the establishment of an amendment to the estimate.
Article 2 – Quote and acceptance
For any intervention a written estimate will be established. This quote will specify the Customer's contact details, details of the services, details of the products required as well as the total cost of the intervention expressed excluding taxes and all taxes included. Producing the quote is free. The quote will have a validity period, which will be indicated on it, during which the Customer can choose to contract or not. Following its completion, the Client must, if he accepts the implementation of the service, sign the quote. This quote will set the location, date, terms and price of the service to be carried out. It will list the equipment necessary to carry out the service. The Customer acknowledges having read these General Terms and Conditions before having signed a quote with the mention “good for agreement” and having the capacity to contract with Marie Heuman. Any signature of the quote constitutes acceptance of these conditions which will be made available to the Customer with the quote following which, the order will be firmly taken into account, which will definitively bind both parties. The Customer will be required to pay the amount indicated on the quote. In return, We undertake to carry out all the services indicated on this same quote.
Article 3 – Services
The services that We provide are intended to respond to a need for advice, support, realization of an interior architecture design project, decoration and interior layout and assistance. We provide, among other things, the services of:
- Decorative arrangement formula : creation of two mood boards, one furniture board per mood board, a 3D plan, 3D visuals, a shopping list adapted to your budget, a revision is included if necessary.
- Layout study formula : production of a statement of quotations (if necessary), a plan of the existing layout, plans of the various layout proposals (2 to 3), B&W 3D views of the various layout proposals, side plans and elevations of the final layout chosen, the electrical plan.
- Formula Design: creation of an statement of quotations, a plan of the existing, two mood boards/room, one furniture board per mood board, plans of the various layout proposals, B&W 3D views of the various layout proposals, the side plans and elevations of the final layout chosen, the electrical plan, the layout plan, drawing of tailor-made furniture with technical plan if necessary, photorealistic 3D visuals of the final project, a materials, colors and furniture board, a shopping list.
- Renovation formula: a statement of quotes, a plan of the existing, two mood boards/room, one furniture board per mood board, plans of the various layout proposals, B&W 3D views of the various layout proposals, side plans and elevations of the final layout chosen, the electrical plan, the layout plan, tailor-made furniture design with technical plan if necessary, photorealistic 3D visuals of the final project, a materials board, colors and furniture, a shopping list, a work description, site monitoring with written report every week
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We can put the Client in touch with qualified service providers in the decoration and building sector. The Customer contracts directly and freely with each service provider after having ensured the conformity of the service provider's products and services in relation to his expectations. The answers provided are only intended to provide information on the different possibilities of change (space, color, materials, light). They do not constitute consultation in the design office under any circumstances. This list is not exhaustive and We reserve the right to add, delete or modify any service, if We deem it necessary, the Customer will be informed of these modifications if they have an impact on him. We only intervene following a request from the Client with whom We will agree in advance on the date and place of performance of the services. When there is a connection between a Client and an external service provider, the Client retains the free choice of the company to which he wishes to entrust his work and We do not interfere in any way whatsoever in the relationship. contractual, it being specified that the third party company does not act as a subcontractor of our company. Thus, the estimate for the work will be issued directly by the third party company and no payment will pass through Us. We are committed to monitoring the progress of the site and the execution of contractors' interventions. In the event of damage and/or theft of architectural elements and/or furniture, we cannot be held responsible under any circumstances, under the safety and liability clause previously put in place with the contractors. When We provide plans to the Client, these plans are provided for information purposes only and are not intended to be directly intended for the realization or execution of the work. The Client must ensure that the external service provider will take the plan and validate the final dimensions before carrying out the work. Each craftsman must take the dimensions necessary for the successful completion of his work. All written and graphic documents transmitted by our company cannot in any way replace the technical execution plans (layouts of various networks, plumbing, electricity, various fluids, etc.) or any other form of design necessary for the carrying out work prior to interior decoration work. As a result of the above, Our liability cannot be engaged in the event that the external service provider relied exclusively on the plans established by our company without having taken the precaution of resuming the measurements and carrying out its own plans. Our company incurs no responsibility for the realization and implementation by the Client of the decoration and layout recommendations provided by Marie Heuman as well as for all damages of any nature whatsoever which could result from the execution of the decoration and layout proposals recommended by our company and carried out directly or indirectly by the Client.
Article 4 - Fees
The prices charged by Marie Heuman, proposed on the quotes, are indicated in euros including tax. Quotes are valid for one month from their receipt by the Customer. A payment schedule can be determined on the quote. The Customer is required to respect his commitment upon presentation of each invoice. Any request by the Customer for an additional service, not included in the initial quote attached, will be the subject of an amendment to the quote. Failure to pay results in forfeiture of the term for all sums remaining due and their immediate payment. In the event of non-payment, the Customer will be placed in litigation and all costs of recovering the sums due will be their responsibility. A fixed compensation of 40 Euros will also be collected for recovery costs in accordance with current legislation. Any attempt to fraudulently use a means of payment will be subject to legal action. Our trips within a radius of 30 km around Toursare included in the total quote price. Beyond that, an additional travel package will be applied to0.50€ excluding VATof the kilometer.
Article 5 - Payment conditions
For à la carte services up to €250, payment will be made in cash directly before the start of the mission. For other services, a deposit of 30% of the amount of the service will be due upon signature of the quote, the remaining amount will be paid by the Client as indicated on the quote previously validated, dated and signed by the latter. For the “Shopping” option, the Customer must plan to provide the funds used for purchases.
Payments will be made either by transfer. In the event of late payment and payment of sums due by the purchasing Customer beyond the set deadline, and after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the rate of 15.00 % (per year) of the amount including tax of the purchase price appearing on the invoice will be automatically and automatically without any formality or prior notice, without prejudice to any other action that the Supplier would be entitled to take, in this regard. title, against the purchasing Customer. In accordance with articles 441-6 c. com. and D. 441-5 c. com., any late payment automatically entails, in addition to late payment penalties, an obligation for the debtor to pay a fixed compensation of €40 for recovery costs. Additional compensation may be claimed, upon proof(s), when the recovery costs incurred are greater than the amount of the fixed compensation.
Article 6 – Customer Commitment
The Client undertakes to provide the service provider with all the necessary means to carry out the defined services: access to places and objects subject to the performance of the services, taking photographs of the rooms and objects for the study of the project by the service provider. , as well as the provision of these places and objects at times and schedules agreed between the parties. The Client undertakes to make the modifications necessary for the proper execution of the service, requested by Marie Heuman.
Any appointment postponement, by either party, must take place no later than 48 hours before the procedure. The two parties will mutually agree on another date. In the event of cancellation during the service by the Client, the deposit paid will be acquired as damages. In accordance with article L121-20 of the Consumer Code, from the date of the order, namely upon signature of the quote, you have a period of fourteen (14) days to assert your right of withdrawal from by Marie Heuman. To do this, you must send Us within this deadline (postmark as proof) a registered letter with acknowledgment of receipt, indicating your intention to withdraw, to the following address:Marie Heuman EI, 14 route des Evées, 41 000 VILLERBON.The refund of the amount paid for the order will be made no later than fourteen (14) days following receipt of the letter. This provision only applies to consumers. In the event of a withdrawal occurring outside this period, the Customer will lose the price of the quote and the deposits paid.
Article 8 - Intellectual Property and Confidentiality
All intellectual property rights, as well as the know-how incorporated in the documents transmitted during a service remain the exclusive property of Marie Heuman. All documents provided are intended for the personal use of the Client, the Client refraining from any reproduction, partial or total resale of these documents. The parties reciprocally undertake to a general obligation of confidentiality relating to all oral or written information, whatever it may be and whatever the medium, exchanged within the framework of the service, and this throughout the duration of the contract. and even after its maturity.
Article 9 – Liability
The services that We provide are only subject to a simple obligation of means and not to an obligation of result. It is agreed that Our liability can only be incurred for direct and foreseeable damage resulting from an order. Compensation for indirect damage suffered by the Customer is excluded. We will under no circumstances be liable for damage caused by any non-performance by the Customer of his obligations. When Marie Heuman intervenes in the coordination of the achievements, any contractual breach, delay, poor workmanship or hidden defect, attributable to a third party cannot under any circumstances be blamed on her and incur her liability. Marie Heuman is neither the client nor the project manager in carrying out the work, and as such does not incur contractual liability. Its intervention consists of putting its Client in contact with qualified service providers in the decoration and building sectors. The Client contracts directly and freely with each service provider. Marie Heuman is mandated by her Client to ensure on her behalf the monitoring of achievements with the various service providers. All legal or contractual guarantees offered to the Client in the context of carrying out work are provided directly by the service providers concerned (ten-year guarantee, etc.). In the event of a dispute, the Customer can only turn to the service provider in question.
Article 10 – Force majeure
The agreed delivery deadlines will be respected except in cases of force majeure. The occurrence of a case of force majeure has the effect of suspending the execution of Marie Heuman's contractual obligations. Force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence completely renders impossible to fulfill obligations. The following are in particular assimilated to cases of force majeure or fortuitous events discharging Marie Heuman from her obligation to provide the agreed service within the time limits initially planned: strikes by all or part of her usual partners, illness, fire, flooding, war, production stoppages due to fortuitous breakdowns, epidemics, thawing barriers, roadblocks, strikes, shutdown of telecommunications networks or disruption of EDF-GDF supply, etc. In such cases circumstances, Marie Heuman will notify the Client, in writing, within 24 hours of the date of occurrence of the events, the contract binding Marie Heuman and the Client being automatically suspended, without compensation, from the date of occurrence of the event. event. If the event were to last more than 30 days from the date of its occurrence, the contract concluded by Marie Heuman and the Client may be terminated by the most diligent party without any of the parties being able to claim the award of damages. This achievement will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing said contract.
Article 11 – Referencing
The Client accepts that Marie Heuman can include among its references the work carried out as part of this service. The Client will not object in any way to the sharing of work on which photos of the location of the service appear.
Article 12 - Protection of your personal data
In accordance with the Data Protection Act No. 7 8-17 of January 6, 1978 amended in 2004, it is recalled that the information requested from the Customer is necessary to process his order and is intended for the internal use of our company. . These personal data may nevertheless be communicated to the contractual partners of our company. They may also be transmitted to any competent authority for the settlement of disputes between Us and one of our Clients. The Customer has a right of access, modification, rectification and opposition concerning his personal data. He can make a request: - by email: contact@marieheuman.com - by post: Marie Heuman EI, 14 route des Evées, 41 000 Villerbon.
Article 13: Intellectual property
Marie Heuman retains full ownership of the creative concept and image of the completed project. Therefore, the Client must inform him of any publication, filming, report, use of the image of the work... The Client authorizes Marie Heuman via the acceptance of these General Terms and Conditions to take photos of his interior before and after the production of Marie Heuman's performance for promotional purposes. Mare Heuman will be able to reproduce and modify these photos according to needs and use them on all possible media (magazine, TV, web, mobile, etc.) existing and future. Marie Heuman undertakes to respect the anonymity of the Client. The photos, images and graphic representations appearing on the website or in commercial documents are simply illustrative of the services offered by our company and not contractual.
Article 14: Completeness
The fact that one of the clauses of these General Terms and Conditions is void does not entail their nullity; the other clauses will always be valid. Furthermore, the fact that our company does not take advantage, temporarily or permanently, of one or more clauses of these General Terms and Conditions of Sale will in no case constitute a waiver of the rest of the latter.
These General Terms and Conditions are subject to French law. In the event of a dispute or claim arising regarding the execution, termination or conditions of these General Terms and Conditions, the parties will endeavor to resolve their dispute amicably. In the event that no amicable solution is found and in the event that you act as an individual or professional, the dispute will be brought exclusively before the courts of Tours.