TERMS OF SALES.
Design and production
Celine LAURENT
1 rue Bosio
75016 Paris
06.73.53.39.19
VAT not applicable, article 293 B of the CGI
siret number: 889 311 932 00012
Professional Civil Liability Simply n°96750741
Photo credits
Céline LAURENT
Intellectual properties
Celine LAURENT. Céline LAURENT Designs is a brand of Céline LAURENT.
All the elements of the www.celinelaurentdesigns.com site, in particular the texts, illustrations, photographs, are the exclusive property of Céline LAURENT. As such, their representations, reproductions, distributions and rebroadcasts, partial or total, are prohibited.
GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF FITTING AND DECORATION SERVICES
Any customer of Céline LAURENT acknowledges having read this document before having signed an estimate with the mention "good for agreement", and having the capacity to contract with Céline LAURENT.
Any signing of a Céline LAURENT quote implies acceptance of these general conditions of sale.
ARTICLE 1 / PURPOSE OF THE SERVICE
Céline LAURENT provides advice to clients and accompanies them in their development and/or decoration project. The answers provided are only intended to provide information on the different possibilities of change (space, color, materials, light, etc.). They have no consultation value in the design office.
Article 2 / RESPONSIBILITIES AND LIMITS
Céline LAURENT has obligations of means, and not of result.
It is not engaged in carrying out the work and can in no way be held responsible for the poor performance of the work by a third party company. In order not to cause litigation, Céline LAURENT only provides dimensioned plans as an indication.
Each craftsman must imperatively take the dimensions necessary for the good realization of his work in accordance with the DUT of his profession.
Céline LAURENT is not responsible for a general contractor. It has civil liability but has no ten-year insurance.
Article 3 / CUSTOMER OBLIGATIONS FOR THE PROPOSED SERVICES
Any work ordered by a Customer must be the subject of an estimate dated and signed for acceptance by the Customer and be accompanied by a reservation check in the amount of 50% (deducted from the price of the estimate at the end of the service).
In the event that payment of the reservation check requested proves to be incomplete or non-existent, for any reason whatsoever, Céline LAURENT reserves the right to suspend any order.
Any reservation is only registered from the date on which the payment of the reservation check is received by Céline LAURENT.
As soon as the Quotation is signed, the Customer undertakes to:
(a) Make available to Céline LAURENT within the necessary deadlines, all the documents and information essential for the proper performance of the services.
(b) – Leave sufficient access to Céline LAURENT and to the premises/objects of the Estimate so that the service can be carried out.
(c) – Authorize Céline LAURENT within the framework of the service, to move any object if necessary located in the premises, excluding those that the Client may have had specified in the estimate before signature. It is understood that the term "Object" includes in a non-limiting way, any element of furniture, pantry, cupboards, drawers as well as their contents, paintings and various decorations.
(d) – To pay the company Céline LAURENT the amount indicated on the Quotation in accordance with the defined payment methods specified on the Quotation.
Payment for Céline LAURENT's consulting services is made according to the following terms (unless otherwise specified in the estimate): 50% when ordering, 50% during the file submission visit, in immediate payment.
In the event of non-payment, the Customer will be brought into litigation and all the costs of recovering the sums due will be at his expense. Any payment not received within 15 days from the payment deadline will be subject to compensation costs set at 10% of the sums.
Any attempt to fraudulently use a means of payment will be the subject of legal proceedings before the Villeurbanne district court.
Oral services will be paid at the end of the consultation.
Article 4 / RIGHT OF WITHDRAWAL
From the date of the order (signature of the estimate), and in accordance with the legislation in force (article L. 121-20 of the Consumer Code), the customer has a period of seven days to assert his right withdrawal from Céline LAURENT. To do this, he must send within this period (postmark as proof) a registered letter with acknowledgment of receipt, indicating his intention to withdraw, to the following address: Céline LAURENT 1, rue Bosio 75016 Paris. The refund of the amount of the deposit paid with the order will be made at the latest within thirty days of receipt of the letter.
Any rescheduling of appointments, by either party, must take place no later than 48 hours before the intervention. The 2 parties will mutually agree on another date.
When the order is placed by a customer, a natural person acting for purposes not falling within the scope of his commercial, industrial, craft or liberal activity, the customer has from the acceptance of the offer, a 14-day period to exercise the right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing. This right of withdrawal is applicable to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the professional solicited and that the number of employees employed by the latter is less than or equal to five. The customer sends Céline LAURENT before the expiry of the aforementioned period, a registered letter with acknowledgment of receipt indicating, without ambiguity, his desire to withdraw. The refund of the amount paid for the order will be made at the latest within fourteen days of receipt of the mail. In accordance with Article L 121-21-5 of the Consumer Code, the customer may, on express request on paper or on a durable medium, request the performance of the service before the end of the withdrawal period for contracts concluded off-site. . Notwithstanding, he retains the right to exercise his right of withdrawal before the end of the said period. In this case, the customer must pay the agreed price in proportion to the service provided until notification of his withdrawal. It is recalled that this right of withdrawal cannot be exercised for contracts referred to in the provisions of Article L 121-21-8 of the Consumer Code.
ARTICLE 5 / SCOPE
These general terms and conditions of services are automatically applicable to all contracts for furnishing and decoration services offered by Céline LAURENT operating under the trade name Céline LAURENT designs. and made with all customers, hereinafter referred to as the customer. Consequently, placing an order with Céline LAURENT implies full and unreserved acceptance by the customer of these general conditions. These general conditions prevail over all other conditions of any nature whatsoever, with the exception, however, of those which have been expressly accepted by Céline LAURENT. Any contrary condition opposed by the customer will therefore, in the absence of express and prior acceptance by Céline LAURENT, be unenforceable against the latter, regardless of when it may have been brought to her attention. It is also specified that the fact that Céline LAURENT does not take advantage at a given time of any of the provisions of these general conditions cannot be interpreted as a waiver of the right to take advantage of said provision at a later date. Finally, these general terms and conditions for the provision of services may be modified at any time by Mrs. Céline LAURENT.
ARTICLE 6 / FORMATION OF THE CONTRACT
Céline LAURENT offers within her agency, as well as on the website "www.celinelaurentdesigns.com", various services grouped into several offers. These offers, governed by these general conditions, are valid as long as they remain online or in an agency. In the event of an order received from the client, it will only be considered definitively accepted by Céline LAURENT after written acceptance on her part. The contract will therefore only be validly formed on the date of the sending of Céline LAURENT's written acceptance. Orders sent to Céline LAURENT are irrevocable for the customer, unless written acceptance by Céline LAURENT. Any request to modify the composition or volume of an order placed by the customer can only be taken into account by Céline LAURENT if the request is made in writing, including by email (electronic message), and if it has been received. to Céline LAURENT no later than three days after receipt by the latter of the initial order. In this case, a new quote must be accepted by the customer, failing which the required modifications cannot be taken into account by Céline LAURENT In the event of modification of the initial order, Céline LAURENT will, in all cases, be released from the delivery possibly agreed.
Any order transmitted to Céline LAURENT will be the subject of a study, and therefore of a work. This work cannot be disputed if the order proves to be unachievable, given the too many constraints or requirements submitted by the customer.
ARTICLE 7 / PURPOSE OF THE DIFFERENT CONTRACTS OFFERED
As part of the conclusion of furnishing and decoration service contracts, Céline LAURENT undertakes to provide its client, under the conditions defined below, with assistance and advice in the various stages preceding or concomitant to the visual and decorative transformation of any property. The role of Céline LAURENT is however exempt from any material participation in construction or renovation operations as well as in project management operations.
ARTICLE 8 / OBLIGATIONS OF Céline LAURENT
Obligations relating to planning and decoration consulting services are obligations of means. It is specified that, in the case of a consulting service, Céline LAURENT will intervene in the presence of her client, or on file. Subject to these reservations, Céline LAURENT undertakes to perform its obligations by implementing all the care required by professional diligence. The various missions likely to be carried out by Céline LAURENT are detailed on the company's website www.celinelaurentdesigns.com. The conclusion of a layout and decoration service contract only entitles Mrs Céline LAURENT to assistance for the services included in the estimate. If the client wishes to obtain from the latter a service other than that covered by the initial contract, it will be up to him to conclude a new service contract under a new service provided by the latter. The customer cannot oppose to Céline LAURENT, once delivered the document(s) drawn up by the latter, subjective arguments of taste in order to justify the refusal of payment of the services for which he is committed.
Illustrations of services already provided by Céline LAURENT are not contractual.
Céline LAURENT's obligations are limited to advice (except in special cases). Céline LAURENT cannot be designated as project manager. As a result, not participating materially in the work planned and carried out by its client and not exercising the functions of project manager. Céline LAURENT has not taken out insurance concerning the ten-year guarantee, so she cannot be held liable in any way for the work undertaken by the service providers chosen by the client, even in the event that she would have advised the client of them. The latter remains completely free to contract or not with the suggested service provider.
ARTICLE 9 / PERFORMANCE TIMES FOR THE SERVICE
The service is performed on the date or within the time fixed on the quote or on any other document attached thereto between the client and the service provider. Céline LAURENT undertakes to be diligent in order to satisfy the customer within the framework of an obligation of means and within the deadlines of 1 month per item indicated on the estimate. However, these deadlines are given for information only. When the services include the receipt of equipment or furniture delivered by third parties, any delays in delivery times cannot be attributed to it. When the services ordered have not been provided within 120 days after the indicative date specified above, for any reason other than force majeure, the act of the customer or a third party, in particular a service provider, the consumer can request in writing the resolution of the contract under the conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
ARTICLE 10 / INTELLECTUAL PROPERTY
The studies, plans, drawings, sketches and illustrations, quotes and, more generally, all documents submitted or sent by Céline LAURENT remain her full and entire property; they cannot therefore be communicated to third parties, or reproduced, for any reason whatsoever by the customer. Only the documents initially provided by the customer being returned in the state after execution of the services remain under the property of the customer. The customer undertakes not to make any use of documents likely to infringe the industrial or intellectual property rights of Céline LAURENT and undertakes in particular not to disclose them to any third party, except in the case of express and prior authorization. by Celine LAURENT.
ARTICLE 11 / MATERIAL ORGANIZATION OF Céline LAURENT'S INTERVENTIONS
Céline LAURENT's on-site interventions take place by appointment, fixed at the client's request. Céline LAURENT does not subscribe, at the end of all the contracts offered, to the slightest commitment relating to the deadlines for carrying out her interventions, so that the client of the latter waives all recourse against Céline LAURENT, in the hypothesis that he considers the intervention times to be excessive. At the end of each of her services, Céline LAURENT will submit an estimate, which must be signed by both parties to the contract and each of which will keep a copy, or an invoice, provided to the client.
ARTICLE 12 / OBLIGATIONS OF THE CUSTOMER OF Céline LAURENT
Céline LAURENT's client undertakes to provide Céline LAURENT with all information, of any nature whatsoever, relating to the premises within the framework of which the requested service is to be performed. The customer will specify in particular the usual conditions of use, maintenance, etc., of its interior as well as the furniture and materials furnishing it and will provide, more generally, any indication likely to have an impact on the conditions or the terms under which Céline LAURENT may be called upon to perform her contractual obligations. This writing will be given to Céline LAURENT no later than two days before her intervention and will be attached to the estimate drawn up on this occasion.
ARTICLE 13 / DURATION AND NUMBER OF INTERVENTIONS
The duration and the number of interventions will be defined during the first visit of Céline LAURENT, according to each contract, during the realization of the estimate.
ARTICLE 14 / RATES - PRICES
The rates for the various Céline LAURENT services are available on request. The rate applicable to a specific layout and decoration service contract is that in force on the date of its conclusion, it is indicated in euros and without value added tax (VAT not applicable, article 293 B of the CGI no. siret : 889 311 932 00012). Each intervention of Céline LAURENT will give rise to the establishment of an estimate, or an invoice, revealing the price applicable to the service considered in the event that the importance of the service to be carried out would justify exceeding the planned rates, a situation assessed on a case-by-case basis by Céline LAURENT. Travel costs are applicable on request.
The invoice relating to a specific service is drawn up in the name of Céline LAURENT's client, even if the latter does not retain the final charge. Unless otherwise agreed, said invoices are payable upon receipt, without payment delay.
ARTICLE 15 / OBLIGATION OF LOYALTY
Céline LAURENT's clients will refrain from making any remarks likely to damage her professional image, her reputation or her credibility. This provision is applicable during the term of this contract and without limitation of duration beyond.
ARTICLE 16 / RESPONSIBILITY
Céline LAURENT's liability is strictly limited to the performance of furnishing and decoration consulting services. These contracts do not create any direct contractual relationship between Céline LAURENT and service providers. In the same way, the discovery of an intervention carried out by the client of Céline LAURENT, without the latter having been informed, or the non-respect by the client of his general obligation to inform constitute causes of exemption from the responsibility of Céline LAURENT. All the legal or contractual guarantees offered to the client, in the context of carrying out the work, in particular the ten-year guarantee, will be implemented directly with the service provider companies concerned. In the event of the observation of the existence of concealed work attributable to the service providers carrying out the work or attributable to the client, Céline LAURENT declines all responsibility as well as any applicable sanctions which will be charged to the service provider or the client. When the furnishing and decoration services include the receipt of equipment or furniture delivered by third parties, any delays in the deadlines for these deliveries, or the unavailability of products, cannot in any case be attributed to Céline LAURENT. . It is not required to offer a substitute product. Céline LAURENT cannot be held liable in any form whatsoever for other direct or indirect damage suffered by the client or third parties and in particular not for direct or indirect damage, including immaterial, commercial or financial damage, for any loss of profit, materials suffered by the customer or under the claim of a third party.
ARTICLE 17 / FORCE MAJEURE
Within the framework of the present and subsequent contracts, Céline LAURENT cannot be held liable in the event that the total or partial non-performance of her obligations results from a cause of force majeure, presenting the characteristics of unpredictability, irresistibility and insurmountability. Similarly, it is agreed between the parties that constitute, in particular, hypotheses of force majeure the death of itself, or of one of its relatives, wars, civil wars, insurrections, riots, fires, floods, natural disasters of any kind, explosions, accidents, epidemic, pandemic, quarantine, restrictions, labor disputes of any kind (resulting in the interruption, slowing down or stoppage of works), strikes, lockouts, major accidents, embargoes, acts of the authorities civil or military,... Each of the parties expressly undertakes to notify its client as soon as possible of the occurrence of a case of force majeure.
The occurrence of a case of force majeure has the effect of interrupting, temporarily or permanently, the performance of Céline LAURENT's contractual obligations.
Is a case of force majeure, any event beyond the control of Céline LAURENT and hindering its normal operation at the stage of manufacture or shipment of products.
Constitute in particular cases of force majeure, total or partial, hindering the smooth running of Céline LAURENT or that of one of our suppliers, subcontractors or carriers as well as the interruption of transport, the supply of energy, materials raw materials or spare parts.
In such circumstances, Céline LAURENT will notify the Customer, in writing, or by email, within 24 hours of the date of occurrence of the events, the contract binding Céline LAURENT and the Customer being automatically suspended, without compensation, from the date of date of occurrence of the event.
If the event were to last more than 30 days from the date of its occurrence, the contract entered into by Céline LAURENT and the Client may be terminated by the most diligent party without either party being able to claim the award of damages.
ARTICLE 18 / INSURANCE
Céline LAURENT declares that she is regularly insured for the execution of these presents and undertakes to justify this at the request of her client. Mrs. Céline LAURENT's Client declares that he holds an insurance guaranteeing his professional civil liability. The customer must be able to justify this, with the provision of the related documents, throughout the contract, to Céline LAURENT.
The Simply professional civil liability contract n°96750741 remains available to the customer, should he wish to consult it.
Céline LAURENT does not have ten-year insurance, the client is in charge of checking whether the insurance of the contractors covers the work carried out by them, on the site. Céline LAURENT can in no way be held responsible for any shortcomings in terms of the insurance of the speakers.
ARTICLE 19 / PREVIOUS AGREEMENTS
The provisions of the contracts concluded in execution hereof express the entire agreement concluded between the parties. They prevail over any proposal, exchange of letters prior to its signature, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the contract.
ARTICLE 20 / TERMINATION CLAUSE BY PLEASE RIGHT
In the event of non-performance of its obligations by any of the parties, and in particular in the event of non-payment by the purchaser of any amount due under this contract, this contract shall be automatically terminated in favor of of the other party without prejudice to any damages that may be claimed from the defaulting party. The resolution will take effect 8 days after the sending of a formal notice remained unsuccessful.
ARTICLE 21 / DIFFERENT
In the event of the occurrence of any dispute relating to the conclusion, execution, interpretation, or termination of these and the contracts arising therefrom, the parties agree, prior to referral to any jurisdiction , to come together in order to negotiate in good faith an outcome to the dispute between them. In the event of failure duly noted by both parties or in the event of absence of agreement one month after the date of the start of the negotiation, the most diligent party will seize the competent courts.
ARTICLE 22 / JURISDICTION CLAUSE
All disputes related to the conclusion, execution, interpretation or termination of these and subsequent contracts will fall under the exclusive jurisdiction of the Courts within the jurisdiction of Céline LAURENT's domicile.
ARTICLE 23 / ELECTION OF DOMICILE
For the performance of the decoration service contracts entered into pursuant to these presents, Céline LAURENT elects domicile at its head office at 1, rue Bosio 75016 Paris.
ARTICLE 24 / MANDATORY MEDIATION SERVICE (for individuals)
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The chosen mediation entity is: CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, you can file your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSUMPTION -27 Avenue de la Liberation 42400 SAINT-CHAMOND