Represented by Virginie Courty
152 boulevard Chanzy 93100 Montreuil
Tél : +33 6 37 10 09 63
Web : www. maisoncourty.com
Email : email@example.com
SIRET : 89442432400032
TVA : not subject to VAT
General Conditions of Sale (GTC)
Article 1. Scope
The general conditions of sale apply exclusively to current and future commercial relations between MAISON COURTY, whose head office is located at 152 boulevard Chanzy 93100 Montreuil, hereinafter designated by MAISON COURTY, and the author of the order hereinafter designated by The CLIENT. All transactions are governed by French law only.
Any order, that is to say any acceptance of the quote, implies full acceptance of the following general conditions and, where applicable, the special conditions specified at the time of the order.
Article 2. Services of MAISON COURTY
MAISON COURTY intervenes for all types of real estate such as: apartment, house, business premises, trade, as well as for stands at exhibitions or trade fairs for the general public or professionals. The services of MAISON COURTY consist in providing the CLIENT with advice in terms of interior decoration, layout, choice of colors, furniture, advice on general harmony, advice on home staging & home organizing, event decoration, as well as as the realization of site monitoring and the installation of small decorations and arrangement of small furniture. MAISON COURTY offers, among other things, shopping lists. The client remains free to follow and choose these recommendations as he sees fit without this calling into question the work of MAISON COURTY.
For the performance of certain services, MAISON COURTY may offer the CLIENT the intervention of certain service providers. MAISON COURTY can then put the CLIENT in contact with qualified service providers in the decoration or building sector. THE CUSTOMER will directly and freely contract each service provider. However, the CUSTOMER remains free not to carry out or to carry out himself and under his responsibility, the consulting services required by MAISON COURTY.
Article 3. Estimate
Any intervention by MAISON COURTY is the subject of a detailed and personalized estimate delivered or sent (email, and/or simple letter) to the CLIENT. This estimate includes the designation and type of services requested by the CLIENT, as well as the terms and costs relating thereto. The commitment of the CLIENT and the acceptance of these conditions will be valid by the signature of the estimate or by simple written agreement validating the estimate (email or postal mail). Upon signature, the order will be considered firm and will definitively bind both parties.
In the event of work started and carried out during initial meetings with the CLIENT, and at the CLIENT's even oral request without an estimate having been sent and signed beforehand, the general conditions here present apply in the same way.
MAISON COURTY undertakes to carry out all the services for which the company has been contracted on the signed estimate. However, exceptionally and at the discretion of MAISON COURTY, adjustments may be made to these documents, at the CLIENT's request. These adjustments will be validated by both parties.
Article 4. Duration of the offer
Pricing offers (quotes) are valid for 2 months from the date of publication.
Article 5. Prices and invoicing
The prices, as shown on the quotes and invoices, are indicated in euros and are payable exclusively in this currency regardless of the CLIENT's nationality. They correspond to the prices of the various services described and are only valid for these on the date indicated. The prices are inclusive of all taxes, relating to the auto-entrepreneur regime "VAT not applicable, art 293 B of the CGI".
THE CUSTOMER is and remains fully responsible for the payment of all sums invoiced under the contract spent with MAISON COURTY. The total or partial default of the amount due under the contract for payment 15 days after the end of the service or 15 days from the issue of the invoice, may automatically and without prior notice result in:
The suspension of any service in progress,
The immediate payment of all sums remaining due by THE CUSTOMER under the contract, regardless of the method of payment provided,
The application of a late payment penalty calculated on the totality of the sums remaining due and as provided for at least according to the Commercial and Consumer Code and at the most equal to 10% of this remaining sum per month of delay.
The application of a lump sum indemnity legal recovery. However, if the recovery costs that you actually incur are higher than this amount, you have the option of requesting additional compensation from your client. The additional amount must be justified.
Between a professional and a private client, the provisions of article L 441-6 of the Commercial Code are not applicable. In general, payment of the balance of the invoice is required upon receipt of the goods or at the end of the performance of the service.
If the customer, individual or professional, does not respect the agreed payment deadlines, the company may claim late payment penalties.
Article 6. Payment
Payment for MAISON COURTY's services is made according to the following terms (unless otherwise specified in the quote):
by bank transfer (RIB indicated in the estimate) or in cash delivered by hand or to be sent to MAISON COURTY at 152 boulevard Chanzy 93100 Montreuil. Maison Courty does not accept checks.
first payment / 1st deposit on order (50% of the total) to be sent a maximum of 7 days after validation of the quote in order to start the service
second payment / 2nd installment at mid-construction – estimated by Maison Courty – (40% of the total) to be sent upon receipt of the elements or failing that within a maximum of 5 days following the delivery of the elements and / or progress of the work and the benefit
final payment, remaining balance due (20% of the total) to be paid a maximum of 15 days after conclusion of the service, or at least a maximum of 15 days after sending the final invoice or 15 days after the delivery of all the contractually agreed elements .
The terms of payment may vary depending on the amount of the quote and will become applicable as mentioned on the quote.
In the event of a "short" service such as "Decoration advice appointment", for example, a service taking place in a single appointment, payment is 100% on D-Day, payment in cash.
Article 7. Complaints
To be valid, any complaint must be sent in writing by registered letter with acknowledgment of receipt to the registered office of MAISON COURTY within 8 days of the performance of the service. If no complaint is registered within this period, the service(s) are considered to have been fully accepted by the CLIENT. Any problem invoked by the CLIENT does not authorize him to suspend payment for work already completed. Complaints will be heard with regard to the contract concluded and assessed in a circumstantial, measured and proven manner. As a reminder, MAISON COURTY has an obligation of means and must work in the direction of the initial request of the customer but does not have an obligation of result.
Article 8. Right of withdrawal (applicable only to individuals, articles L 121-20 and following of the consumer code)
From the date of the order (signature of the quote), and in accordance with the legislation in force, the CUSTOMER has a period of seven days to exercise his right of withdrawal from MAISON COURTY. To do this, the CUSTOMER must send within this period (postmark as proof) a registered letter with acknowledgment of receipt, indicating his intention to withdraw, to the following address: MAISON COURTY, 22 rue du Commandant Mowat 94300 Vincennes.
The refund of the amount paid for the order will be made at the latest within thirty days of receipt of the letter.
This right only applies if the work carried out by MAISON COURTY has not started. In the event of work started, MAISON COURTY will be obliged to invoice the entirety of the work carried out.
Article 9. Cancellation, postponement and modification
Apart from the right of withdrawal defined in article 8 above, any request for postponement or modification of an order is subject to the agreement of MAISON COURTY. In the event of cancellation by the CLIENT, any service undertaken (started) under an accepted estimate must be paid in full.
Article 10. Obligations and responsibilities
10-1 Obligations and Responsibilities of the CLIENT
The CLIENT acknowledges having received from MAISON COURTY all the information and advice necessary to subscribe to this commitment knowingly. Thus, the choices made by THE CUSTOMER when ordering, as well as possibly thereafter, remain under his full responsibility. THE CUSTOMER undertakes to provide MAISON COURTY with all the documents, information and information to enable it to carry out the agreed service(s). THE CUSTOMER also undertakes to make every effort to facilitate the intervention of MAISON COURTY and the required and accepted service providers, in particular in terms of the availability of the building, subject of the service(s). If the CLIENT changes his mind at the beginning, middle or end of the service with regard to the work initially requested, MAISON COURTY will not be required to work the agreed service again. If the CLIENT wishes to modify the agreed work during the performance, a new estimate must be signed without this canceling the previous one.
10-2 Obligations and Responsibilities of MAISON COURTY
MAISON COURTY undertakes to provide all the care and diligence necessary for the implementation of a quality service in accordance with the practices of the profession.
MAISON COURTY can be mandated by its CUSTOMER to ensure in its place the follow-up of the services required from the various service providers. MAISON COURTY is neither the contracting authority nor the prime contractor in carrying out the works, carried out by the service providers, and as such does not incur any contractual liability. All the legal or contractual guarantees offered to the CLIENT in the context of carrying out the work are offered directly by the service providers concerned (ten-year guarantee, etc.). In the event of a dispute, the CUSTOMER may only turn to the service provider in question. In this respect, MAISON COURTY recommends that its customers take out property damage insurance (DO) before starting a construction site. In any event, MAISON COURTY's liability to the CLIENT could only be incurred for established facts which would be exclusively attributable to it.
When the services include the receipt of equipment or furniture delivered by third parties, any damage or any delays in their delivery times can in no way be attributed to the responsibility of MAISON COURTY.
For "Home Staging", MAISON COURTY does not guarantee in any way:
Any delay in the sale of the building subject to the services at the end of their completion.
The very principle of the sale of the building in question.
THE CUSTOMER expressly acknowledges that the responsibility of MAISON COURTY would in no case be sought on this point. The responsibility of MAISON COURTY cannot be implemented if the non-execution or the delay in the execution of one of its obligations defined in the CGPS results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Article 11. Termination
In the event of non-compliance by one of the parties with one or more obligations, this contract will be terminated automatically, one month after the other party has sent a warning. remains, by registered letter with acknowledgment of receipt specifying the alleged contractual faults.
Article 12. Insurance
MAISON COURTY has taken out Professional Civil Liability insurance. This insurance policy can be provided on request and covers the CLIENT for direct damage that may possibly be caused by the MAISON COURTY representative during the services. However, it is agreed that MAISON COURTY cannot be liable to the CLIENT for consequential damages. It is hereby agreed that any financial and/or commercial loss, loss of profit, order, customer or use of the premises subject to the services of the estimate will constitute consequential damages.
Article 13. Intellectual property
All elements of the MAISON COURTY website are and remain the exclusive intellectual property of MAISON COURTY. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited.
Article 14. Image rights
The CUSTOMER accepts the use of photographic and video images of the achievements on all media (website, catalog, press, social networks) and to be cited as a reference. In the event of the CLIENT's refusal, an initialed annotation may denounce this use, and must be indicated from the start of the work in writing (email or registered letter).
Article 15. Protection of personal data (C.N.I.L)
Among the information that MAISON COURTY is required to request from the CUSTOMER, some are mandatory because they are essential for the performance of the services under the best conditions, others are optional and collected in the aim of better satisfying the CUSTOMER by responding in a more personalized way to their expectations. These data are collected by MAISON COURTY, recorded/stored in electronic and/or paper format and some may be transmitted to service providers for the purpose of processing the order. In accordance with article 34 of law 78.17 of January 6, 1978, known as the Data Protection Act, the CUSTOMER has the right to access, modify, rectify and delete his personal data. The CUSTOMER may exercise this right by sending a letter to MAISON COURTY, 152 boulevard Chanzy 93100 Montreuil, or by sending an e-mail to firstname.lastname@example.org.
Article 16. Applicable law and competent court
MAISON COURTY is a company governed by French law dependent on the URSSAF. The law applicable to contractual relations with customers is French law. In case of disagreement between the parties, each will pledge allegiance to settle the dispute amicably. If the dispute persists, the competent court will be the one located at the CLIENT's address.