They constitute the elements of the service contract offered by dcb_interior_design.

Each CLIENT acknowledges having read this document, before signing an estimate with the mention  "Good for agreement" .

Any signature implies express and unreserved acceptance of these conditions.

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dcb_interior_design, decorator and interior designer, hereinafter referred to as "THE SERVICE PROVIDER", is an individual entrepreneur offering advice on interior design, layout, decoration and assisting its clients in the aesthetic orientation and in the support and monitoring the completion of their transformation project, one or more rooms in their home.

The CUSTOMER is any person who solicits the PROVIDER, for the production of advice, basic plans, 2D and 3D visuals, sketches, research of concepts, interior fittings, and sourcing of furniture, accessories and additional , search for realization companies.

The PROVIDER is an individual entrepreneur, registered under number 801 035 908 and whose head office is located at:

45-ter, avenue de Port Louis - 97419 LA POSSESSION – SIRET 801 035 908 00020.

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The General Conditions are notably published on the website of the micro-enterprise at the following URL address:  

www.dcb-design.com/cgv

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ARTICLE 1: PURPOSE AND SCOPE

The general conditions of sale, (hereinafter referred to as the "GTC"), govern and apply without restriction or reservation, to all relations between the SERVICE PROVIDER and any person who requests it, (THE CUSTOMER). In the context of these T&Cs, the term “service” refers to the service(s) offered by the PROVIDER. Consequently, any person requesting the said services, fully and completely accepts these general conditions of sale, of which the CLIENT acknowledges having read prior to the signature of the estimate and he declares to have full legal capacity, allowing him to commit under these general conditions of sale. The SERVICE PROVIDER reserves the right to modify these general conditions of sale at any time and to provide a corresponding amendment to its customer.

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ARTICLE 1.1: SERVICES

The General Conditions are applicable to the material and intellectual services provided by the service provider, which mainly consist of:

• Provide advice/coaching in decoration and interior styling,

• Provide advice/coaching in layout and space planning;

• Provide advice/coaching in interior design for the provision of home staging or seasonal rental.

• Provide advice / coaching in layout and space planning for the provision of home staging or seasonal rental.

• Make 2D and 3D plans -  [DELIVERABLE]

• Realization of a APS, (Preliminary Project Summary)  -  [DELIVERABLE]

• Realization of an APD, (Preliminary Final Project) -  [DELIVERABLE]

• Assistance in the search for work providers with a view to carrying them out.

• Provision of a DCE, (Company Consultation File for the performance of works) -  [DELIVERABLE]

• Provision of a DQE, (Quantitative Estimated Detail for the supply of Furniture and Accessories) -  [DELIVERABLE]

• Make the aesthetic follow-up of the construction site;

• Proceed to sourcing and purchases, resales, rental of furniture, decorative elements and accessories.

The documents drawn up by the service provider are layout and/or interior design proposals but are not technical plans or execution plans, the service provider not being a design office or a consulting firm. DPLG architecture.

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The services we provide are intended to meet a need for advice, support, the realization of a decoration and interior design project.  The SERVICE PROVIDER provides, among other things, the services of decoration consulting visits, design of a decoration and interior design project, home staging, shopping support, staging and aesthetic follow-up of the construction site. This list is not exhaustive and The PROVIDER reserves the right to add, delete or modify any service, if we deem it necessary. The CUSTOMER will be informed of these changes if they have an impact on him. The answers provided are only intended to provide information on the different possibilities of change (spaces, colors, materials, lights). They have no consultation value in the design office. Once the consulting service has been completed or/and the documents have been delivered to the CLIENT, (DELIVERABLES), the latter will not be able to oppose subjective arguments,  (of taste, for example), to justify the complete restart of the work handed over and delivered or the refusal to pay the services for which he has undertaken.

The SERVICE PROVIDER undertakes to make every effort to satisfy its CLIENT, in accordance with the specifications which will be established. The SERVICE PROVIDER intervenes only following a request from the CLIENT. The date and place of performance of the services are agreed in advance by mutual agreement by telephone between the two parties.

The PROVIDER does its best to illustrate your proposals in order to give you a realistic overview of the services offered. The PROVIDER specifies, however, that the photos, images and graphic representations appearing on the website or on the commercial documents are simply illustrative of our services and are therefore not contractual. The PROVIDER does not guarantee in any way that the colors on the screen or printed correspond exactly to the products on sale. Thus, the CUSTOMER is required to carry out the necessary checks concerning the finishes by physically moving to the suppliers, in the store and/or by obtaining samples. If this is part of the estimate/contract, the SERVICE PROVIDER will be responsible for compiling the samples mentioned above, with a view to their validation by the CLIENT.

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Responsibility of the service provider

By the nature of the services offered, the service provider is bound by an obligation of means and not an obligation of result.

The liability of the service provider may possibly be engaged in the event of material damage caused to the co-contracting party due to faults attributable to him in the performance of his service.

Under no circumstances may the service provider be held liable for damage caused to the beneficiary of the service as a result of use of the service or of the property covered by the service which has proved to be non-compliant with the service provider's prescriptions and the rules of art.

Under no circumstances, if the service provider intervenes in the coordination of the achievements, for example as a pilot within the framework of a co-contracting, the service provider cannot be held liable for any contractual breach, delay, poor workmanship or hidden defect, attributable to a third party participating in this achievement. The service provider is neither the contracting authority nor the prime contractor in carrying out the work, and as such, does not incur any contractual liability.

The service provider may put its client in contact with qualified third-party service providers in the building sector (modifications and constructions) and in this case, the client will agree directly and freely on the contractual conditions with each third-party service provider who will assume all the legal guarantees and warranties contractual agreements agreed with the client as part of the performance of the work.

Under no circumstances may the service provider be held liable for any breach of the regulations, in particular social and criminal, committed by a third party involved in a project. The service provider and any third party involved in the realization of the project are independent, no subcontracting being put in place.

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1.1.1: Interior decoration and Home Staging

It is understood that the visuals and other documents are part of an advisory service, which aims to give ideas to the CUSTOMER and he will obviously be free to adapt it.

The PROVIDER provides advice to the CLIENT and accompanies them in the formalization of their project for the development and/or transformation of one or more rooms in their home. The answers provided are only intended to provide information on the different possibilities of change (space, color, materials, light). They have no consultation value in the design office.

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1.1.2: Aesthetic follow-up on the site  

The services consist of putting the CLIENT in contact with qualified service providers in the decoration and building sector. The CUSTOMER contracts directly and freely with each service provider after ensuring the conformity of the service provider's products, insurance and services in relation to its expectations.

Any contractual breach, delay, faulty workmanship or hidden defect attributable to a third party cannot in any way be blamed on it and incur its liability. The interior decorator is neither the contracting authority nor the prime contractor in carrying out the work, and as such does not incur any contractual liability. Under no circumstances does the SERVICE PROVIDER act as an architect. All the legal or contractual warranties offered to the CUSTOMER in the context of carrying out the work are offered directly by the service providers concerned (ten-year warranty, guarantee of conformity, hidden defect, etc.)

In the event of a dispute, the CUSTOMER may only turn to the offending service provider. The SERVICE PROVIDER recommends that its CUSTOMERS take out work eligible for structural damage insurance (DO) before the start of a construction site, in accordance with the law of January 4, 1978. As a result of the foregoing, the SERVICE PROVIDER cannot be held liable. be engaged in the event of total or partial non-performance of the contract concluded by the CLIENT with the external service provider.

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1.1.3: Shopping_List

The service consists of making purchases of furniture and accessories on behalf of the CUSTOMER or accompanying them to help them choose. The CUSTOMER must first pay the invoice to the supplier or store in question or to the PROVIDER.  

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1.1.4: Staging  

The service consists of receiving deliveries of furniture and accessories on behalf of its CLIENT and positioning and setting them up as indicated in the "specifications" previously submitted. For the performance of this service, the SERVICE PROVIDER may have to call on external service providers of its choice.

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1.2. EXTERNAL PROVIDER

When a CLIENT is put in contact with an external service provider, the CLIENT retains the free choice of the company to which he wishes to entrust his work and the SERVICE PROVIDER does not interfere in any way whatsoever in the contractual relationship, it being specified that the third-party company does not act as a subcontractor of the PROVIDER. Thus, the estimate for the work will be issued directly by the third-party company and no payment will pass through the SERVICE PROVIDER.

The PROVIDER undertakes to monitor the progress of the site and the execution of the interventions of the contractors. In the event of damage and/or theft of architectural elements and/or furniture, the SERVICE PROVIDER is in no way liable, under the security and liability clause previously put in place with the contractors.

When the SERVICE PROVIDER sends the principle plans to the CLIENT, they are not intended to be directly intended for the realization or execution of the works. They are therefore transmitted for information only. The CLIENT must ensure that the external service provider takes over the plan and validates the final dimensions before carrying out the work. Each craftsman must imperatively take the dimensions necessary for the good realization of his work in accordance with the DTU of his profession. All the written and graphic documents transmitted by the SERVICE PROVIDER cannot in any way replace the technical execution plans, (the layout of various networks, plumbing, electricity, various fluids, etc.), or any other form of necessary design to carry out the work prior to the interior decoration work.

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As a result of the foregoing, the SERVICE PROVIDER cannot be held liable in the event that the external service provider has relied exclusively on the plans drawn up by the SERVICE PROVIDER without having taken the precaution of taking the dimensions and carrying out its own plans. .

The PROVIDER does not incur any liability:

• as to the realization and implementation by the CLIENT, of the decoration and layout recommendations provided by the interior designer

• for all damages of any kind whatsoever, which could result from the execution of the decoration and layout proposals recommended by the SERVICE PROVIDER and carried out directly or indirectly by the CLIENT.

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ARTICLE 2: WEBSITE AND CONTRACTUAL COMMITMENT

The PROVIDER's website aims to provide general information on the services offered. We only take into account orders after signature of an estimate with the mention “good for agreement”. The CUSTOMER will demonstrate his commitment and acceptance of these conditions of sale by signing the quote. From this moment, the order will be firmly taken into account, which will definitively commit both parties. The CUSTOMER will be committed to paying the amount indicated on the quote and in return the SERVICE PROVIDER undertakes to perform all the services indicated on this same quote.

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ARTICLE 3: MAKE AN APPOINTMENT

All of the services offered by the SERVICE PROVIDER are defined beforehand before an appointment is made. You can request it on the Internet via the website www.dcd-design.com , in the "my services" section, by telephone on 06 92 24 06 03 or by email: contact@dcb-design.com

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ARTICLE 4: PRELIMINARY QUOTE AND ACCEPTANCE

For any intervention, a written estimate will be established. This quote will specify the CUSTOMER's contact details, the services and products required as well as the total cost of the intervention, expressed all taxes included. The realization of the estimate is free and has a period of validity of fifteen days from its delivery. During this period, the CUSTOMER may choose to contract or not to contract.

Following its delivery, the CLIENT must, if it accepts the implementation of the service, sign the estimate. This quote will set the place, date, terms, duration and price of the service to be performed. It will list the equipment necessary for the performance of the service.  

The rates applicable to the various services will be brought to the attention of the CLIENT before any intervention via the estimate. The prices are net, all taxes included on the basis of the rates in force.

In return for the performance of the services relating to the mission defined in the estimate appended to this contract, the CLIENT will pay the service provider the sum inclusive of all taxes indicated on the estimate signed and accepted by the CLIENT. Any request by the CUSTOMER for an additional service, not included in the appended initial estimate, will be the subject of an additional estimate.

From the date of the estimate, the customer has a period of 7 days to exercise his right of withdrawal from the service provider.

To do this, the customer must send within this period a registered letter with acknowledgment of receipt, indicating his intention to withdraw, to the following address: dcb_interior_design_ 45-ter, avenue de Port Louis - 97419 LA POSSESSION.

The refund of the amount paid for the order will be made at the latest within 30 days of receipt of the letter.

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ARTICLE 4.1: THE INTERIOR DECORATION CONTRACT

As part of a complete "turnkey" service  interior decoration, the quote will be replaced by a single and personalized interior decoration contract between the CLIENT and the PROVIDER.

In the event of an update of the CLIENT's needs and expectations, said contract will be the subject of an amendment, whenever necessary. Each of them must be signed by both parties. All of the T&Cs apply to this contract as well as to the quotes.

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Article 5: PAYMENT

5.1. Fee-for-service payment (coaching)

The service is paid before each appointment.

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5.1. Development services with delivery of deliverables, site monitoring

A deposit of 40% of the price indicated in the estimate or contract must be paid upon acceptance of the estimate, according to the attached invoice and will be the subject of a receipt.

A second deposit of 40% of the price must be paid upon delivery of the report and/or plans and/or boards, (atmosphere, furniture, etc.) and/or shopping list according to the attached invoice and generally for all contractually expected deliverables.

This second payment will also be the subject of a receipt.

The balance of the price must be paid on delivery, according to the attached invoice and giving rise to a receipt.

The down payment or down payments paid shall remain automatically acquired and cannot be refunded.

5.2. Late and/or default in payment

In the absence of payment on the due date, the customer is given formal notice by registered letter with acknowledgment of receipt to make payment within fifteen days from the date of receipt of the letter of formal notice. . This formal notice is the starting point for the calculation of the interest to be paid, interest calculated on the unpaid sum, at the legal interest rate applicable to individuals.

In the absence of payment fifteen days after the formal notice to perform, the service provider reserves the right to suspend the performance of the services in progress and/or to pronounce the automatic termination of the contract by simple registered letter with request for acknowledgment of receipt and to retain, as compensation, the deposit paid with the order.

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Article 5: INTELLECTUAL AND CONFIDENTIAL PROPERTY

All of the SERVICE PROVIDER's creations are the result of creative work and intellectual property.

The SERVICE PROVIDER retains full and complete ownership of the documents transmitted during a service and of the images of the completed project. Therefore, the CLIENT must inform it of any publication, filming, report, use of the image of the work. All the documents provided are intended for the personal use of the CUSTOMER, the CUSTOMER refraining from any reproduction, partial or total resale of these documents. The CUSTOMER authorizes the SERVICE PROVIDER, by accepting these T&Cs, to take photos of its interior before and after the performance of the service for promotional purposes. The SERVICE PROVIDER may reproduce and modify these photos as needed and use them on all possible media (magazine, TV, web, mobile, etc.), existing and future. The PROVIDER undertakes to respect the anonymity of the CLIENT. The photos, images and graphic representations appearing on the website or on the commercial documents are simply illustrative of the services offered by the PROVIDER and are not contractual.

The information requested by the PROVIDER during the realization of each project can be modified or deleted at any time, in accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978, which gives a right of access to the CLIENT , rectification, opposition and deletion of data concerning him.

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Intellectual property, copyright, know-how and prohibition of reproduction

The service provider is the owner of the plans, visuals and illustrations produced as part of its services with customers or any other place of intervention. They may not be reproduced or sold without his authorization.

Ownership of the results of the work is transferred to the client who is prohibited, when the intellectual work carried out constitutes a creation within the meaning of the Intellectual Property Code, from exercising all rights over the work, in particular the right of reproduction, if the copyrights resulting from this creation have not been the subject of a transfer agreement in its favour.

The customer undertakes not to exploit or appropriate by filing or attempting to file an intellectual property title the know-how developed by the service provider in terms of interior decoration and layout and space planning.

Any reproduction of a specific space layout developed for the customer cannot be made without the intervention and written authorization of the service provider.

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The use of the PROVIDER's creations by the client for the purpose of exchanging services with another decorator is strictly prohibited.

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By definition, the shopping list published by the service provider is intended to make purchases from suppliers. If this mission has not been entrusted to the service provider, the customer can communicate it to the suppliers of his choice. However, it is the property of the service provider and the client only and must not be used by a third party for any service other than that paid for by the client.

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Privacy

All the 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 a general obligation of confidentiality relating to any oral or written information, whatever it is and whatever the medium, exchanged within the framework of the service, and this throughout the duration of the contract. and even after it expires.

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SEO

The customer authorizes the service provider via the acceptance of the GCS to take photos before and after the performance of the service for promotional purposes. The service provider may reproduce and modify the photos and illustrations according to the needs and use them on all possible media (internet broadcasting, catalogs or other commercial media) existing and future.

The service provider undertakes to preserve the identity of the place and the identity of the customer.

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ARTICLE 7: CUSTOMER COMMITMENT  AND CANCELLATION

The CUSTOMER undertakes to provide the service provider with all the means necessary for the performance of the defined services: access to the places and objects subject to the performance of the services, taking pictures of the parts and objects for the study of the project by the service provider , as well as the provision of these places and objects at the times and schedule agreed between the parties.  

The CUSTOMER undertakes to make the changes necessary for the proper performance of the service, to determine the budget at his disposal, to ensure its financing and to respect a maximum period of one week during the study and three calendar days during the work to make known its opinion on the documents submitted to it by the interior designer. Beyond this period, his approval is deemed granted and the corresponding remuneration is due.

Any rescheduling of appointments, by either party, must take place no later than 48 hours before the intervention. 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. Under Article L121-20 of the Consumer Code, the CUSTOMER has a withdrawal period of 7 days from the signing of the quote. To do so, you must send us within this period (postmark as proof) a registered letter with acknowledgment of receipt, indicating your intention to withdraw, to the following address: dcb_interior_design_ 45-ter, avenue de Port Louis 97419 POSSESSION. In the event of a withdrawal occurring outside this period, the CUSTOMER will lose the price of the estimate and the deposits paid.

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Customer responsibility – Withdrawal and Cancellation

From the date of the estimate, the customer has a period of 7 days to exercise his right of withdrawal from the service provider.

To do this, the customer must send within this period a registered letter with acknowledgment of receipt, indicating his intention to withdraw, to the following address: dcb_interior_design_ 45-ter, avenue de Port Louis 97419 LA POSSESSION.

The refund of the amount paid for the order will be made at the latest within 30 days of receipt of the letter.

If the customer fails to take delivery within the set deadline, the service provider may seek legal action, at his choice, for forced execution and/or deposit costs and/or damages for the damage suffered. In the event of refusal to take delivery, the service provider may also seize the judge to obtain authorization to sell the property not withdrawn at public auction and be paid on the sale price.

Once the service has been provided, the customer may not oppose the service provider with subjective arguments, (of taste or style), to justify the restarting of the service or the refusal of payment for the services for which he has undertaken.

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Termination of the contract and termination clause

The client may request the termination of the contract by registered letter with acknowledgment of receipt in the event of non-performance of the service on the date indicated in the estimate or, failing that, no later than thirty days after the conclusion of the contract, after having previously ordered, under the same terms and without result, the service provider to provide the service within a reasonable additional period.

In the event of termination by the customer, apart from a case of force majeure and the withdrawal period, the service provider reserves the right to retain the deposit(s) and to claim a sum according to the progress of the service and a sum equal to the damage suffered by the cancellation of the contract.

In the event of breach by the customer of any of its obligations and fifteen days after formal notice to have to perform this obligation within a reasonable time, the service provider may request the termination of the contract without prejudice to damages.

The termination of the contract will be pronounced by registered letter with acknowledgment of receipt and will be automatically acquired without legal formality.

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ARTICLE 8: RESPONSIBILITY

The SERVICE PROVIDER is neither the contracting authority nor the prime contractor in carrying out the work, and as such does not incur any contractual liability. Its intervention consists in putting its CLIENT in contact with qualified service providers in the decoration and building sector.

The CLIENT contracts directly and freely with each service provider. The PROVIDER is mandated by its CUSTOMER to ensure in its place the aesthetic follow-up of the achievements with the various service providers. 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 offending service provider and not to the interior designer.

When the SERVICE PROVIDER intervenes in the coordination of the works, any contractual breach, delay, faulty workmanship or hidden defect attributable to a third party cannot in any case be blamed on it and incur its liability. The SERVICE PROVIDER may provide dimensioned plans for information purposes. Each craftsman must imperatively take the dimensions necessary for the good realization of his work in accordance with the DTU of his profession. The PROVIDER recommends that its CUSTOMERS take out property damage insurance, (DO), before the start of a construction site, in accordance with the law of January 4, 1978.

The PROVIDER cannot be held liable in the event of non-performance of the contract concluded with the CLIENT resulting from a case of force majeure or events beyond its control such as interruption of service, failure of the telephone network or of the supplier. internet access. The unavailability of the service could not entitle the CLIENT to damages.

Under no circumstances will the PROVIDER be held liable for any direct or indirect damage whatever the cause, origin, nature and consequences resulting from the use of the site or other sites linked to it, in particular for any financial or commercial damage, loss of program or data suffered by the CUSTOMER who declares to have been aware and to have been informed of the possibility of such damage.

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ARTICLE 9: FORCE MAJEURE

The occurrence of a case of force majeure has the effect of suspending the performance of the SERVICE PROVIDER's contractual obligations. Are considered, as force majeure, any event beyond the control of the SERVICE PROVIDER and hindering its proper functioning in the manufacture or execution of the services. Also constitute cases of force majeure, total or partial strikes hindering the smooth running of the SERVICE PROVIDER or that of one of our suppliers, subcontractors or transporters as well as the interruption of transport, the supply of EDF energy and GDF, telephone networks, illness, sanitary conditions, fire, flood, frost, production stoppages of raw materials or spare parts. In such circumstances, the PROVIDER will notify the parties, in writing, within 24 hours of the date of occurrence of the events, the contract binding the PROVIDER and the CLIENT being automatically suspended, without compensation, from the date of occurrence. of the event.

If the event were to last more than 30 days from the date of its occurrence, the contract concluded by the SERVICE PROVIDER and the CLIENT could be terminated by the most diligent party without either party 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 the said contract.

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ARTICLE 10: PROTECTION OF YOUR PERSONAL DATA, (CNIL).

Among the contact details that the SERVICE PROVIDER may ask you, some are mandatory because they are necessary for the proper performance of our services, others are optional and collected in order to better satisfy you. These data are collected by the SERVICE PROVIDER, recorded in electronic format and some may be transmitted to our service providers for the purpose of processing your order. The SERVICE PROVIDER undertakes not to trade in it. In accordance with article 34 of law 78.17 of January 6, 1978, known as the Data Protection Act, you have the right to access, modify, rectify and delete your personal data.

You can exercise this right by sending a registered letter to the address below:

dcb_interior_design, 45-ter, avenue de Port Louis 97419 LA POSSESSION.

Or by email at the following address:  contact@dcb-design.com

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SECTION 11: INSURANCE

The SERVICE PROVIDER has taken out civil and professional liability insurance with ___________________________. This insurance policy can be provided on request. The CLIENT must himself ensure that the service providers he has chosen for the execution of the work are insured within the framework of their professional activity. He himself is encouraged to take out damages insurance, (DO), as part of his project and before it starts.

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ARTICLE 12: DISPUTE AND JURISDICTION  

The PROVIDER is a company under French law. In case of disagreement between the parties, each will pledge allegiance to settle the dispute amicably. If the dispute persists between the two parties, the competent court will be that of the SERVICE PROVIDER's headquarters.