Legal information

1 PREAMBLE

HOME VIBRATIONS, a micro-enterprise registered with the RCS of 931600829 under the number 93160082900010, whose head office is located at 82 Traverse Castel Mouisson 13570 Barbentane - ... hereinafter "HOME VIBRATIONS") specialises in interior design and offers advice in interior design and decoration in order to assist its clients in their project to fit out one or more rooms in their home or business premises. 

The purpose of the present General Conditions is to define the conditions for the provision and use of the HOME VIBRATIONS Services.

Having taken note of the characteristics of the Services provided by HOME VIBRATIONS and having ensured that they are suited to his/her needs, the Client accepts the present General Conditions.

Acceptance by the Customer of the Quotation implies full acceptance, without restriction or reservation, of these General Terms and Conditions. 

The Parties have agreed as follows:

2.DEFINITIONS

Terms used in the Contract and beginning with a capital letter shall have the meaning given to them below.

Customer :  the legal or natural person designated in the Quotation who enters into the Contract to benefit from the Services. 

General Terms and Conditions : these general terms and conditions applicable to the Services.

Contract : together, the General Terms and Conditions and the Quotation.

Quotation : the specific contractual conditions applicable to the Services subscribed to by the Client with HOME VIBRATIONS. 

Duration : the period of performance of the Services indicated in the Quotation. 

Party(ies) : together or separately the Client and HOME VIBRATIONS.

Service : Any service defined in the Quotation and entrusted to HOME VIBRATIONS by the Client. 

3.DOCUMENTS 

The Contract (General Terms and Conditions and Quotation) constitutes the entire agreement between the Parties. It replaces and cancels any previous oral or written undertaking relating to the subject of the Contract and takes precedence over any other contractual document relating to the provision of the Services, and in particular over the Customer's general terms and conditions of purchase, whether they predate or post-date the present.

The contractual documents are, in descending order of priority (I) the Quotation, (II) the General Conditions. In the event of contradiction, the higher-ranking document shall prevail for the obligation in question.

4.THE SERVICES

The Services offered by HOME VIBRATIONS and to which the Client may subscribe are the interior design services described in the Quotation. 

The Services may include, but are not limited to, the following:

• Drawing plans,
• Assistance in choosing furniture, fabrics and materials,
• Development proposals
  

5.DURATION

The General Conditions come into force from the moment of the signature of the Quotation and the correlative payment to HOME VIBRATIONS. They are concluded for the Duration defined in the Quotation. 

6.FINANCIAL CONDITIONS

In return for the provision of the Service, the Client pays HOME VIBRATIONS the price indicated in the Quotation.

Unless otherwise stated in the Quotation, the prices of the Service are exclusive of tax, to which shall be added taxes at the current rate.

The Quotation sets out the terms and conditions, the provisional timetable for performance of the Service, the price and the payment schedule. 

The Customer must pay the total price indicated in the Quotation. 

Invoices are payable on receipt.

Each payment made by the Customer is due and non-refundable.

Any additional expenses not provided for in the Estimate for the Event must be presented to the Customer by any means prior to the start of execution.

Any modification requested by the Client that is the object of an additional expense and accepted by HOME VIBRATIONS will be the object of additional invoicing.

7.Obligations of the Customer

The Client commits to placing at the disposal of HOME VIBRATIONS all the means necessary for the execution of the Services, and notably: access to the places and objects subject to the execution of the Services, the taking of photographs of the rooms and objects for the study of the project by HOME VIBRATIONS, as well as the availability of these places and objects at the times and on the calendar agreed upon by the parties. 

8.PROVISION OF SERVICES

The Services will be made available on the date fixed by HOME VIBRATIONS in the Quotation, subject to full payment of the Price.

The Parties agree that this period is purely indicative.  

Consequently, under no circumstances will a delay in delivery or performance result in any penalty whatsoever or a reduction in the invoice, which the Customer acknowledges and accepts. 

9.LATE PAYMENT AND UNPAID BILLS

In the event of non-payment of a due date specified in the Quotation : 

- HOME VIBRATIONS may, as of right, without prior warning or judicial formality, suspend the Service. 

- HOME VIBRATIONS may also claim: (i) the application of late payment interest calculated monthly equal to 5 times the legal interest rate, (ii) the application of a penalty of 5 % of the price of the Service, (iii) the invoicing of reminder fees in the amount of forty (40) euros per reminder and (iv), in accordance with article L. 441-10 II of the French Commercial Code, to the invoicing of recovery costs (lawyers' fees, bailiffs' fees, etc.) which exceed the sum of forty (40) euros, without any prior formal notice being required, 

- the acceleration of the Service price payments.

The fact that HOME VIBRATIONS does not avail itself of the present Article 9 at any time, cannot be interpreted as a renunciation for the future.

10.INTELLECTUAL PROPERTY 

HOME VIBRATIONS automatically cedes to the Client, once the entirety of the Service has been paid for by the Client, all of its intellectual property rights and copyrights to the Services and deliverables such as plans, models, etc., as well as to the Client's personal data. 

The Client authorises HOME VIBRATIONS to use any visuals that may have been delivered within the framework of the Services for reference purposes, in accordance with article 11 hereafter.

11.REFERENCES 

The Client authorizes HOME VIBRATIONS to cite the work carried out in all of its means of communication (website, brochure, portfolio, etc.) and to share visuals of the projects carried out, photographs of the installations carried out, as well as elements that could identify the Client as a professional (sign, logo, etc.), as references.

In this regard, the Client authorizes HOME VIBRATIONS to take photographs of the places and objects subject to the provision of the Services.

12.TERMINATION OF THE CONTRACT 

11.1. Unless otherwise specifically stipulated, either Party may terminate the Contract if the other Party fails to comply with it, provided that the Party failing to comply with its obligations has received formal notice by registered letter with acknowledgement of receipt requiring it to comply within 30 days of receipt of the said letter, and that the formal notice has remained unsuccessful.

11.2. In the event of the use of the Service in contravention of the terms of article 6 of the present General Conditions, the Client will be deemed to be in serious breach of their contractual obligations authorising HOME VIBRATIONS, at its convenience, to : 

1. i) suspend the Service until the Customer has fully complied with its obligations and/or 
2. ii) give the Customer formal notice to comply with its obligations and/or 

iii) terminate the present Contract by right and without prior notice, and this without prejudice to any damages for direct and/or indirect damages to which HOME VIBRATIONS may be entitled. 

11.3. In addition to article 11.2 above, HOME VIBRATIONS reserves the right to pursue the Client judicially or extra-judicially in order to be compensated for the prejudice suffered by HOME VIBRATIONS as a result of the Client.

The stipulations of the Contract which, by their nature, extend beyond the termination remain in effect.

It is understood that in the event of termination of the Contract before completion of the Services, no intellectual property rights will be transferred. 

13.SUBCONTRACTING

HOME VIBRATIONS is authorised by the Client, within the framework of the realisation of all or part of the Service, to associate itself with any third party of its choice, on the condition that the quality of the services and the HOME VIBRATIONS quote are not modified (except with the prior written agreement of the Client) and that HOME VIBRATIONS remains fully and exclusively responsible for all the obligations resulting from the Contract vis-à-vis the Client.

The Client leaves HOME VIBRATIONS free to choose the service providers and suppliers with whom it will work, but HOME VIBRATIONS obliges itself to inform all third parties of the obligations that result from the present stipulations, and to take all useful measures to this end.

HOME VIBRATIONS undertakes and guarantees to obtain from the service providers, sub-contractors and/or collaborators that it will call upon within the framework of the Service, all of the guarantees that would be required of it by virtue of the contract.

HOME VIBRATIONS commits itself to paying the aforementioned suppliers in a timely manner so that the Client may never be worried, nor be held responsible in this regard.

14.LIABILITY

HOME VIBRATIONS is bound by an obligation of means.

The responsibility of HOME VIBRATIONS towards the Client can only be called into question for direct material and certain damages resulting from a fault on the part of HOME VIBRATIONS, proven by the Client. All damages not resulting exclusively and directly from the non-execution by HOME VIBRATIONS of one of the obligations of the Contract are thus excluded, and notably, without this list being exhaustive, the loss of turnover, clientele, exploitation, profit, opportunity, activity, savings, data, "bad buzz", damage to the image and damage caused to the co-contractors of the Client. 

HOME VIBRATIONS cannot be held responsible in the following cases:

- in the event of Force Majeure as defined in Article 15 below,

- in the event of proven fraud by the Customer. 

The responsibility of HOME VIBRATIONS within the framework of the Contract will not exceed, for all claims and damages combined, 50 % of the total amount of the price fixed in the Quotation and effectively paid by the Client. 

The Client renounces all recourse against HOME VIBRATIONS and its insurers beyond this amount. 

15.FORCE MAJEURE

Force majeure is defined as any event outside the control of one of the Parties, which is both unforeseeable and irresistible and is recognised as such by the case law of the French courts. Cases of force majeure temporarily suspend performance of the Contract. 

In addition and expressly, the following are considered to be cases of force majeure, provided that they meet the conditions of unpredictability, exteriority and irresistibility: the consequences of total or partial strikes, lock-outs, bad weather, blockage of means of transport or supply for any reason whatsoever, pandemics and health crises, earthquakes, fire, storms, floods, water damage, government or legal restrictions, legal or regulatory changes, telecommunications blockage, blockage beyond the control of the Parties preventing the normal performance of the Service. This list is not exhaustive.

The Party invoking a case of force majeure must, under penalty of not being able to invoke it, inform the other Party within forty-eight (48) hours of the occurrence of the event, justifying its unforeseeable, irresistible nature, beyond its control, making it impossible in its opinion to meet its obligations, indicating the measures taken or which it considers necessary to take when it is unable to do so itself, as well as the foreseeable duration of the case of force majeure. In all cases, the prevented Party must do everything in its power to limit the duration and effects of the force majeure. Throughout the duration of the event, the Customer is authorised to use any alternative solution that is essential for the performance of the services. At the end of the event, the terms of the Contract will be redefined between the Parties. If the impediment is definitive, the Contract will be terminated ipso jure. If the event is prolonged beyond a period of three (3) months, either of the Parties may terminate the Contract by registered letter with acknowledgement of receipt.  

16.DATA PROTECTION

In the context of their contractual relationship, the Parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018.

Any information transmitted in connection with the negotiation or implementation of the Contract or the provision of the Service which contains, in any respect whatsoever, elements recognised by law or jurisprudence as relating to private life or of a personal nature or data enabling individuals to be identified ("Personal Data") may only be used for the purposes explicitly stated when it was communicated.

HOME VIBRATIONS processes Personal Data in its capacity as data controller.

HOME VIBRATIONS, in its capacity as data controller, undertakes to :

- process Personal Data solely as part of its administrative and commercial management (customer file, invoicing); the Personal Data processed are: surname, first name, telephone number, e-mail and address. The duration of the processing is limited to the contractual prescription.

- guarantee the confidentiality of Personal Data processed under the Contract,

- ensure that the persons authorised to process Personal Data under the Contract :

i) undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality,

ii) receive the necessary training in the protection of personal data.

The Client may address to HOME VIBRATIONS his/her requests for access, rectification, deletion and opposition, as well as the right to limit the treatment of his/her personal data by email to COMPLETE. HOME VIBRATIONS will respond within 15 days HOME VIBRATIONS will respond within 15 days.

If necessary, when a breach of security leads to a violation of data likely to generate a high risk for the rights and liberties of a physical person, HOME VIBRATIONS will notify the persons concerned of any violation of Personal Data.

When it is no longer necessary for the fulfilment of its obligations under the terms of the Contract, and at the latest within one year of the end of the Contract, HOME VIBRATIONS will delete all of the Personal Data, unless the law of the Union or the law of the Member State requires its conservation. Once the Personal Data has been deleted (meaning that it cannot be restored or reconstructed), HOME VIBRATIONS will confirm this in writing to the Client.

17 INSURANCE

HOME VIBRATIONS is covered by professional liability insurance.

18.MISCELLANEOUS

Any amendment to the General Terms and Conditions shall be deemed to be an amendment to the Contract.

19.DIVISIBILITY

In the event that any of the provisions of the Contract are deemed invalid, inapplicable or unenforceable by any competent court, the other provisions hereof shall remain valid, applicable and enforceable. 

20.NO WAIVER

The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

21.APPLICABLE LAW AND JURISDICTION 

The Contract is governed by French law. 

In the case of a complaint or dispute arising from or in relation to the Contract, the Client must notify HOME VIBRATIONS in writing, indicating the nature of the dispute and the breaches complained of, with a view to attempting to find an amicable solution to the dispute. 

If the Parties do not find a solution to their dispute within one (1) month of the date of notification, the Parties may submit their dispute to the competent Courts.

If the Customer is a professional, the dispute may only be submitted to the Tarascon Commercial Court.