GENERAL CONDITIONS OF SALE:
Last update :01/01/2018
The general conditions of sale described below are intended to govern all contractual relations between CRÉARTMONIE and customers, natural or legal persons, wishing to benefit from the services of CRÉARTMONIE.
These general conditions (the "GTC") apply to all study contracts, landscaping services, 2D and 3D design contracts concluded and/or executed by CRÉARTMONIE, in France and abroad. . These services are only reserved for persons legally capable of entering into contracts under French law.
The information, photos and descriptions presented on the website www.creartmonie.com (the "Site") have no contractual value.
The signature of the estimate or the proposal of the Fees of CRÉARTMONIE implies the full and complete acceptance of the general conditions of sale. They can be modified at any time by CRÉARTMONIE without prior notice and are accessible at any time on the Site. They replace and cancel the general conditions whose edition date is earlier and will be replaced by any subsequent edition.
Any modification of these general conditions desired by the Customer must be the subject of a written request no later than the signature of the estimate and must be accepted by CRÉARTMONIE through a counter-signature. In the event of a conflict between these T&Cs and the special conditions on the quotes or any other documents accepted by both parties, the special conditions will take precedence. Furthermore, the conditions presented in any order document or order form of the Customer which differ, conflict with or are not included in these GCS will be deemed unwritten, unless CRÉARTMONIE expressly accepts them in writing.
Article 1 Company details
Commercial name: CREARTMONIE
Legal status: SAS
NAME / First name responsible for the company: SCARAVELLI Mélanie
SIREN number: 828 431 858
APE number: 8130Z
VAT: FR95828431858
Head office postal address: 5, rue des eclaireurs partisans 95590 Presles
Telephone number: +33 7 67 26 37 56
Email address: creartmonie@gmail.com
WEBSITE: www.creartmonie.com
Article 2 Intellectual property rights and conditions of use
2.1All creations generate copyright governed by the Intellectual Property Code. The original work created does not mean that it is freely usable and the
Customer does not own it but buys the rights to use it for a use defined by contract (see quote/invoice). Any creation made under the name of CRÉARTMONIE is the strict property of CRÉARTMONIE and cannot be exploited without its authorization. It may not be modified, reproduced, sold or reused for another use (which is subject to the payment of reproduction rights) without the prior written consent of CRÉARTMONIE.
Any other use than that indicated on the quote/invoice will be subject to additional rights. Any use that could be detrimental to CRÉARTMONIE and/or the third parties represented is prohibited.
2.2The possible delivery of sources or work files relating to this order will only be made in the event of necessity induced by the strict exploitation of the work provided for in the conditions of transfer or in a subsequent amendment.
2.3The projects, including those refused, remain the property of CRÉARTMONIE and cannot be used without prior payment of the contract. Projects without follow-up are invoiced at 100% of the amount of the steps carried out.
2.4In accordance with the Intellectual Property Code, an idea proposed by the Customer does not in itself constitute a creation.
Article 3 Conditions of use of the site
3.1The Customer is authorized to use, download and print the documents and information available on the Site, unless there is a clearly defined contraindication on the latter or in the
T&Cs. In all cases, the documents and information may only be used for personal purposes, for information and for non-profit purposes. The rights granted to users of the Site serve as a license and not a transfer of ownership.
3.2The elements of the Site are protected and may not be copied or imitated, whether in whole or in part for commercial purposes.
3.3CRÉARTMONIE cannot be held responsible for errors, lack of updates or omissions appearing on the Site, documents and/or services mentioned on the Site or linked to the Site.
3.4Under no circumstances can CRÉARTMONIE be held liable for any indirect, incidental or special damage to the Customer or third parties, resulting from misuse, loss of use of data and/or profits. By downloading or other acquisition via the Site, the Customer shall be solely responsible for any damage to his computer system or any loss of data induced.
3.5CRÉARTMONIE cannot be held liable for damages and information from other websites which you may access from the Site.
Article 4 Quotation – formation of the contract
4.1CRÉARTMONIE draws up an estimate and/or a proposal for written Fees meeting the needs expressed by the Client. The estimate is invoiced at €80 including tax unless the Customer has been informed prior to its preparation, in writing, that it is free.
Unless otherwise indicated in the estimate, the estimate is valid for one month from the date of its establishment by CRÉARTMONIE. It only includes the services and products described therein and excludes all services imposed by unforeseen conditions which will result in additional invoicing following an additional estimate drawn up and accepted by CRÉARTMONIE and the Customer.
4.2The contract is definitively formed upon acceptance, without reservation or modification of the estimate by the Customer.
4.3The signed quote implies acceptance of the T&Cs and serves as an order form.
It must be accompanied by a deposit of 45% of the total price of the services to be provided. No work will start without these two conditions being met (signed estimate, 45% of the total amount paid). A second payment of 45% of the total amount will be requested following the rendering of the sketch. The balance (10%) will be paid at the end of the service and upon receipt of the invoice according to the terms of payment appearing therein.
Article 5 Withdrawal
5.1In accordance with the provisions of Article L121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for goods made to your specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly.
The services offered by CRÉARTMONIE are entirely personalized and cannot therefore be subject to withdrawal once the contract has been formed.
5.2In the event of an order cancellation, the deposit already paid will remain acquired by CRÉARTMONIE, constituting compensation for the work undertaken, regardless of the progress of the project. Also, any cancellation will be invoiced on the basis of 50% of the amount indicated on the quote for the services incurred. All copyrights remain the exclusive and entire property of CRÉARTMONIE with the exception of data provided by the Customer. The source files and data created and used by CRÉARTMONIE cannot therefore be claimed by the Customer without a financial contribution.
Article 6 Transfer of information and registration of orders / requests
6.1The Customer undertakes to cooperate in good faith with CRÉARTMONIE and to provide the Company with all the elements and information deemed necessary before or during the realization of the project, in particular the necessary plans such as the plan of the networks and buried works, subdivision regulations/ co-ownership, ground plan of the land and sections of the dwelling so that CRÉARTMONIE can fulfill its obligations under this article. Any delay in providing information by the Customer may postpone the delivery times agreed in the estimate. The responsibility of CRÉARTMONIE can in no case be engaged in the case of problem(s) caused by information not or badly reported by the Customer.
6.2Any modification or addition of additional information to the initial request leading to significant modifications to the current project will be the subject of a written agreement between the parties and an estimate and/or additional invoicing.
6.3In the event of impossibility of carrying out the project due to a lack of information on the part of the Customer, the installments paid will remain acquired by CRÉARTMONIE, and CRÉARTMONIE will invoice the Customer for the work undertaken on the basis of the estimate.
6.4CRÉARTMONIE is not responsible for the proper functioning of the data transfer sites nor for the quality and relevance of the documents sent by the Customer, who must have sufficient knowledge of the tools necessary for sending and producing them.
6.5Unless indicated on the estimate (printing file, format, color, etc.), all response elements (plans, presentation file) are only sent by email.
Article 7 Design and Validation
7.1CRÉARTMONIE will provide the Customer with an outline of the design and site monitoring stages, detailed by phase.
7.2Unless otherwise agreed in the estimate, a deposit of 45% of the price stipulated therein is paid by the Customer upon acceptance of the latter. The order will only be executed after the collection of this sum by the company.
7.3The Customer undertakes to formulate his validations in a clear and explicit manner by sending an e-mail or a dated and signed letter to CRÉARTMONIE for each of the stages described below:
• The “sketch” produced from the appointment, completed questionnaire, dated and signed estimate, and specifications validated by both parties, these documents serving as specifications for the development of the project.
• The “draft” file is assembled from the previously validated sketch.
• The “project” file is assembled from the previously validated preliminary project.
Article 8 Project Management for Site Monitoring
8.1CRÉARTMONIE is responsible for the proper execution of the site in compliance with the budget (excluding any amendments). CRÉARTMONIE has the site carried out by its teams of partner contractors so as to ensure the proper execution of the site as drawn in the documents (supplies of plants, materials and accessories, plantations, carpentry, automatic watering, locksmithing, electricity, etc.). CRÉARTMONIE has its teams of certified contractors produce an overall estimate during phase 1 to allow the Customer to have an estimate of the project drawn up by CRÉARTMONIE. Precise costing will be established at the end of phase 1 and validated/signed/initialled by the Client in order to launch the project.
8.2The amount of project management fees for the site are calculated according to the total amount including tax envisaged for the work (the "Project Management Fees"), entered in the contractors' final quote and are organized as follows:
• Less than or equal to 40,000 euros including tax = 10% of Project Management Fees
• Greater than 40,000 euros including tax and less than 60,000 euros including tax = 9% of Project Management Fees
• Greater than 60,000 euros including tax and less than 100,000 euros including tax = 8% of Project Management Fees
• Greater than 100,000 euros including tax = 7% of Project Management Fees
8.3CRÉARTMONIE undertakes to hold a weekly site meeting with its teams of certified contractors in the presence of the Client. This in order to monitor the proper execution and smooth running of the site in accordance with professional rules. In the event of the absence of the latter for timetable reasons or other proof, CRÉARTMONIE undertakes to write a summary e-mail.
8.4In the event of refusal by the Customer of the teams of the companies proposed by CRÉARTMONIE, the latter reserves the right to refuse the Project Management of the site and not to provide the documents necessary for an execution.
8.5In the event that the Client shares CRÉARTMONIE documents with competing companies of CRÉARTMONIE, design offices or landscaping contractors, CRÉARTMONIE reserves the right to refuse in the first instance the Project Management of the site and not to provide the documents necessary for the execution of the site. CRÉARTMONIE also reserves the right to sue the Customer and claim damages for non-compliance with the Intellectual Property rules cited in the general conditions of sale. Financial compensation may then apply.
Article 9 Payment - Invoicing
9.1Each of the steps will be invoiced after validation by the Customer. Payments must be made within thirty (30) days of the invoice date. The payment of the previous stage engages the work of the following stage. Unless otherwise agreed, the deposit will be deducted from the first invoicing of the project stages.
9.2If the Client does not give any news within 3 months after sending the documents concerning one of the stages mentioned above, the project will be considered finished and an invoice will be issued according to the work carried out.
9.3Payments will be made by check to the order of CRÉARTMONIE or by bank transfer unless otherwise agreed in the estimate and bill of fees. No discount will be applied in case of early payment.
9.4In the absence of dispute within seven days of its date of issue, the invoice is deemed to have been accepted. Any disagreement must be reported in writing within this period.
9.5Any delay in payment may give rise to the invoicing of late payment penalties, payable without reminder, at the rate of 10% of the total invoice per month of delay, as well as a lump sum indemnity of €40 due automatically. All costs of collection, including reasonable attorneys' fees if necessary, will be borne by the Customer.
Article 10 Execution deadlines
10.1In accordance with Article L.114-1 of the Consumer Code, in any contract aimed at the sale of movable property or the supply of a service to a consumer, the company must, when the delivery of goods or the provision of the service is not immediate and if the agreed price exceeds the thresholds set by regulation (currently €500), indicate the deadline by which he undertakes to deliver the goods or to perform the service, on the basis of an obligation of means.
Under the conditions provided for in Article L.114.1 of the Consumer Code, Consumer Customers may terminate the contract by registered letter with acknowledgment of receipt in the event of the maximum delivery times being exceeded by more than 7 days, except when they are due to a case of force majeure. The contract is considered broken upon receipt by the company of the letter from the consumer informing him of the denunciation, unless the delivery has taken place between the sending and the reception of the letter. The consumer exercises this right within 60 working days from the delivery of the works and/or products indicated in the estimate.
10.2The design times announced outside the contract are given as an indication.
Article 11 Liability
11.1As soon as the files delivered comply with usual usage, CRÉARTMONIE is released from all liability.
11.2Unless otherwise specified in the contract (eg: site monitoring), CRÉARTMONIE cannot be held liable in the event of poor performance and/or direct or indirect problems after completion of the work relating to the project.
11.3CRÉARTMONIE cannot be held liable in the event of poor quality and/or printing defects in the media, nor be held liable for damage caused by third parties to its Client.
11.4The Customer assumes full and entire responsibility for the design choices (materials, plants, layout, etc.) appearing in the work delivered by CRÉARTMONIE, as well as for the use that will be made of it and in particular for its compliance with the regulations in force. .
11.5When the Customer is a legal person, non-consumer as understood by French law, the Parties agree that the liability of CRÉARTMONIE will be limited to the sums paid or payable provided for in the estimate.
Article 12 Force majeure
12.1In addition to the cases usually recognized by case law, force majeure means, in particular, the blocking or unavailability of telecommunications, including telecommunications networks and any consequence of a technological evolution, not foreseeable by CRÉARTMONIE, putting back in question the norms and standards of his profession and any other case beyond the control of the parties preventing the normal execution of these conditions.
12.2Delays or non-execution of orders resulting from cases of force majeure, in particular: fire, flood, power cut, regulations or any other event that is inevitable, unforeseeable and beyond the control of CRÉARTMONIE cannot give rise to compensation. The provisions of this article may not, however, in any case exempt one party from the obligation to pay to the other any sum that it owes it.
Article 13 Disputes
13.1Any disputes that may arise during the life of the company will fall under the exclusive jurisdiction of the competent courts.
Article 14 Personal data
14.1The information that you communicate to CRÉARTMONIE in the context of your orders is only intended for CRÉARTMONIE, which remains solely responsible for the processing of your data. Under no circumstances may they be resold or used for purposes other than those relating to your project.
14.2When using the Site, information may be collected: the URL of the links through which the user accessed the Site, the user's access provider, the Internet Protocol (IP ) of the user.
In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code, the European Directive of the October 24, 1995 and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, any natural person has the right of access and, if necessary, the rectification or the deletion of the Data concerning him.