TERMS AND CONDITIONS

 

 

1.      DEFINITIONS

 

For the application of these terms and conditions, the following are considered:

 

• Atelier de la décoration: commercially designates Mrs Noëlle de Meester, registered with the ECB under number 0508.927.128;

 

• Client: any natural or legal person requesting l’Atelier de la décoration to perform a Service, for personal or professional purposes;

 

• Tailor-made goods:

 

- blinds, drapes and everything related to window dressing;

- custom furniture;

- all products for which the Customer has chosen a fabric such as for example sofa, armchair, lampshade, cushion, various confections;

- wallpapers;

- the painting ;

- any other item that l’Atelier de la décoration cannot exchange at its supplier;

 

• Provider: l’Atelier de la décoration or any trade that carries out and performs the Services.

 

• Service: Any provision of advice and realization of project, for any type of building, in decoration and interior or exterior design, "Home staging", preparation, upholstery, any service of assistance in the realization of this advice in possibly ensuring the follow-up of construction sites if this has been stipulated in the contract signed between the parties, design of tailor-made furniture project, the purchase of furniture and decorative objects (hereinafter goods) as well as any assembly service and setting up spaces to be developed.

 

 

By signing a quote, the Client expressly agrees with the provisions of these terms and conditions.

 

Any modification or derogation from these general conditions must be accepted in writing by the Atelier de la décoration.

 

2.      QUOTE

 

Any service provided by the Atelier de la décoration must be subject of a detailed and personalized quote delivered or sent (e-mail and / or simple letter) to the Client.

 

The prices indicated in the quote are given in euros and excluding VAT.

 

Without prejudice to his possible right of withdrawal, the Client will be definitively committed by signing the quote or by accepting it without reservation by email.

 

The Atelier de la décoration, for its part, will not be bound to fulfil its obligations until after receipt of the first deposit.

The prices indicated in the offer pertain exclusively to the execution of the services described therein, to the exclusion of any other services. Any additional requests will be billed at an hourly rate of 85 euros excluding VAT or reassessed in a new quote.

 

Unless otherwise stipulated, the period of validity of a quote from the Atelier de la decoration is 30 days from the date of its communication to the Client

 

The Atelier de la décoration reserves the right to refuse to honour the order of a Client who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

 

By engaging the services of L’Atelier de la Décoration, the client acknowledges and accepts the unique creative style of l’Atelier de la Décoration, which will be used for the execution of their project. Under no circumstances shall l’Atelier de la Décoration be held responsible for any change in the client's taste or style that results in a substantial modification of the project without additional fees.

L'Atelier de la Décoration reserves the right to unilaterally terminate the contract, claiming the fees due for the work completed up to the date of termination, if it is unable to meet the client's new request through its own creativity.

 

Tailor-made Goods cannot under any circumstances be taken back or exchanged.

 

The Client has the right to notify the Atelier de la décoration that he / she renounces the purchase without penalty and without giving any reason, within fourteen days from the date of conclusion of this contract.

 

However, if the Client is a company within the meaning of the Code of Economic Law, no withdrawal will be possible for the latter.

 

Finally, if the execution of the Service is already in progress or if the Service involves the supply of tailor-made Goods, the Client cannot retract.

 

 

 3.        PRICE

 

 Unless otherwise specified in the quote, the prices of the Services are net, excluding VAT, delivery and placement costs not included.

 

Any increase in VAT or any new tax that would be imposed between the time of the order and that of the provision of the Service will be borne by the Client.

 

The price of the Service is set according to the importance of the mission and the estimated time required to perform it in accordance with the rules of the art.

 

Any subsequent modification requested by the Client, any unforeseeable service appearing during execution will be invoiced to the Client.

 

The Atelier de la décoration has a certain margin of manoeuvre, without requiring the agreement of the Client: in other words, in accordance with accepted practice, an overrun of the budget of 15% remains reasonable and does not entail any liability of the Atelier de la décoration.

 

 

 4.        PAYMENT 

 

Invoices are payable in cash by bank transfer to the credit of the Atelier de la décoration account shown on them.

 

For the realization of a project, when signing the quote, the payment of a deposit representing 50% of the total amount of the service must be paid to start the creation of the project. 30% of the invoice will be payable when the project is presented and 20% at the end of the Service.

 

For the supply of goods, a deposit of 50% is required for all furniture and accessories that are not custom-made.

 

A second deposit of 30% will be due immediately before the delivery of the goods. The remaining 20% balance must be paid upon delivery of the final goods.

When the Atelier de la décoration produces tailor-made Goods, the Client will be required to pay a deposit of 100% of the amount of the materials including VAT (ie excluding delivery and assembly) in order to start manufacturing.

 

The payment balance of the invoice (ie delivery costs and assembly costs) will be payable before delivery of the order. It will be up to the Client to communicate proof of payment before delivery.

 

When the Atelier de la décoration carries out a home staging Service, the Client will have the obligation to pay the full amount invoiced following the quote before the on-site visit.

 

Finally, the Client using the Atelier de la décoration for a Service requiring upholstery services will owe a deposit of 30% of the labour upon signature of the quote. An interim invoice for all supplies and 40% of labour. The payment balance on delivery of the Service.

 

Any unpaid invoice on the due date will, in addition, be increased automatically and without formal notice, by a lump sum indemnity of 10% of the outstanding payment balance as well as by conventional interest on late payment at the rate of the law of August 2, 2002 concerning the fight against late payment in commercial transactions.

 

Any complaint relating to an invoice must be sent no later than eight calendar days after receipt, by e-mail sent to the address info@atelierdeladecoration.be and confirmed the same day by post sent to the head office of the Atelier de la décoration (Chaussée de Wavre 1 to 1370 Jodoigne).

 

 

5.           EXECUTION OF THE SERVICE 

 

 

The Atelier de la décoration is committed to making every effort to offer its Clients a high quality of service.

 

The Atelier de la décoration is entitled to have the Services ordered performed by any employee for whom it is responsible, any employee or subcontractor of its choice, under its common law responsibility.

 

The Atelier de la décoration reserves the right to refuse to honour an order from a Client who has not fully or partially paid an invoice, or the deposit requested at the start of the assignment.

 

The performance of the ordered Service will be carried out at the address specified by the Client when ordering, unless otherwise stated expressly in the order confirmation.

 

 

 

 

6.        RIGHTS AND OBLIGATIONS OF THE CLIENT 

 

The Client acknowledges having received from the Atelier de la décoration all the information and advice necessary in order to enter into an informed contract.

 

Thus, the choices made by the Client when ordering, as well as possibly subsequently, are made under his full responsibility. The Client agrees to provide the Atelier de la décoration with all documents, information and information in order to enable it to carry out the agreed services. The Client also undertakes to do everything possible to facilitate the intervention of the Atelier de la decoration and the required and accepted service providers, in particular in terms of availability of the building, subject of the services.

 

The Client agrees to respond to any request for clarification within 10 working days. Otherwise, it is presumed to agree to the choices made by the Atelier de la décoration.

 

The approval granted by the Client at each stage of the project is irrevocable and final.

 

The Client guarantees the Atelier de la décoration against any claim from a third party which may be formed due to the execution by the Atelier de la décoration of its mission, except in the event of gross negligence or fraud committed by the Atelier de la decoration.

 

 

7.        RIGHTS AND OBLIGATIONS OF THE ATELIER DE LA DÉCORATION

 

The Atelier de la décoration is only bound by an obligation of means: it undertakes to provide all the care and diligence necessary for the implementation of a service of a quality in accordance with the practices of the profession of interior designer.

 

The Atelier de la décoration may be appointed by the Client to ensure in its place the follow-up of the services required from the various service providers.

 

The Atelier de la décoration undertakes to perform its services within reasonable deadlines defined in coordination with the Client.

 

However, the deadlines that may be given in a quote are only indicative and the Atelier de la décoration is only bound by an obligation of means to respect them.

 

Any delay in the performance of the Service attributable to the Client or to a third party may not result in the Atelier de la décoration responsibility.

 

In addition, any delay in the performance of the Service may not constitute a reason for withholding payment of the invoice from the Atelier de la décoration

 

In the event of interruption of the services of the Atelier de la décoration following the Client's failure to return the requested information formulated by the Atelier de la décoration, the latter will be entitled, after a period of 60 days and after sending a registered letter, to terminate the Service.

 

In the event that the responsibility of the Atelier de la décoration is called into question by the Client, its liability will be limited to the amount of the guarantee of the professional civil liability insurer of the Atelier de la décoration, taking into account the possible franchise enforceable against the Client.

 

In the event of culpability breach of the contract by the Atelier de la décoration involving its liability, this shall be limited to the amount of the price of the Services invoiced or to be invoiced.

 

When the services of the Atelier de la décoration include the receipt of goods delivered by third parties, any damage or possible delays in their delivery times can in no case be attributed to the Atelier de la décoration.

 

The Atelier de la décoration cannot be held liable in the event of damage caused to the Client or to third parties during the performance of the Service or in the event of use by the Client or a third party of the goods sold.

 

Consequently, the Atelier de la décoration will not be required to compensate third parties or the Client for any personal injury, damage to property other than the goods sold, loss of profit or any other damage resulting directly or indirectly from the Service.

 

 

8.         TERMINATION

 

The Atelier de la décoration reserves the right to terminate this contract in the following cases:

 

- In the event of non-payment of a deposit by the Client;

- In the event of no reaction to requests for information from the Atelier de la décoration;

 

In these cases, the Atelier de la décoration will be entitled to claim payment of the full amount due, plus a termination indemnity equivalent to 10% of the estimate accepted by the Client.

 

In the event of termination by the Client before the start of the performance of the Services, he will be liable for a lump sum compensation equivalent to 20% of the quote accepted by him.

 

If, for any reason whatsoever, the Client terminates a contract in progress, in addition to the remaining unpaid invoices, the Client will also be liable by way of termination indemnity in an amount equivalent to 30% of the quote accepted by him.

 

9.         TERMS OF DELIVERY - RISKS TRANSFERT – PROPERTY TRANSFERT

 

The Atelier de la décoration cannot be held responsible for delays and / or damage caused to the goods during transport, except for serious or gross negligence attributable to it.

 

The risks are transferred to the Client from the date of loading of the goods by the carrier on the premises of the Atelier de la décoration.

 

In the event of late delivery, the Atelier de la décoration will make every effort to meet delivery deadlines or will offer alternative solutions to the Client in the event of a late delivery exceeding 30 calendar days.

 

If the Client requests a shorter delivery time, the costs incurred will be borne by the Client.

 

The goods sold remain the property of the Atelier de la décoration until the moment of full payment of the selling price of the Service (all accessories included).

 

Consequently, the Client expressly refrains from selling, assigning, pledging and in general alienating the goods before clearing his account.

 

10. GUARANTEES CONCERNING THE GOODS SOLD

 

The Atelier de la décoration does not intervene in any way as a manufacturer of the goods sold. In the event of a hidden defect in the goods, the Client is subrogated in the rights of the Atelier de la décoration towards the manufacturer of the goods.

 

Consequently, the Atelier de la décoration will not be required to reimburse part of the purchase price, to replace the goods, or to terminate the sale, in the event of a hidden defect.

 

 

11.   THIRD PARTY RESPONSIBILITY

 

For the performance of certain services, the Atelier de la décoration may require the intervention of external service providers. He can then put the Client in touch with qualified service providers in the decoration or building sector. The Client will contact each service provider directly and freely.

 

These service providers carry out their work under their own responsibility, excluding that of the Atelier de la décoration. It is expressly agreed that the contracts with the trades necessary for the decoration / renovation of the Client's building are directly concluded between the latter and each representative of these trades. Any delay in the execution of the work relating to the service concerned can therefore never be attributable to the Atelier de la décoration which, in its capacity as the Client's agent, will endeavour to obtain from the defaulting provider adherence to agreed completion deadlines.

 

Any delay attributable to a provider can in no way justify the termination of the contract concluded between the Atelier de la décoration and the Client or an action for damages payable by the latter.

 

When the general coordination of the project is entrusted to the Atelier de la décoration, the Client gives irrevocable mandate to the Atelier de la décoration in order to ensure this coordination and undertakes not to give direct instructions to the various providers without the prior agreement and / or the prior intervention of the Atelier de la décoration.

 

In all cases, the contractor vouches for the quality of the work carried out on the assignment.

 

 

12.       FORCE MAJEURE

 

Circumstances such as strike, fire, machinery breakdown, supplier delays, epidemics, the danger of war, civil war, lack of energy resources, the act of the prince, the bankruptcy of suppliers ... are to be considered as force majeure assumptions when they have the effect of delaying or making deliveries very difficult. The Atelier de la décoration will not have to establish either the unpredictability or the irresistibility of these circumstances or the impossibility of performance of the contract.

 

The Atelier de la décoration will inform the Client as quickly as possible of the occurrence of one of the circumstances referred to in the previous paragraph.

 

The Atelier de la décoration reserves the right to extend any agreed delivery time by a period equal to that during which the force majeure continued. Likewise, if these facts may compromise the execution of the order in accordance with the terms provided, the Atelier de la décoration reserves the right to terminate the contract without obligation or liability on its part.

 

 

13.       INTELLECTUAL PROPERTY

 

Advice, opinions, documents and written work from the Atelier de la décoration are protected by intellectual property rights and belong exclusively to the Atelier de la décoration.

 

They may not be used or reproduced by the Client without the prior express written permission of the Atelier de la décoration.

 

Any infringement of such intellectual rights may give rise to civil and criminal proceedings.

 

All development proposals remain the intellectual property of the Atelier de la décoration as long as the invoices due for this creation are not fully honoured. In any case, the Client may not use all or part of the proposals and choices established orally or in writing or included in the digital documents exchanged before the end of the established contract and full payment of the invoices issued.

 

The Atelier de la décoration authorizes the use of documents only as part of the service requested by the Client.

 

All the logos, brands, photos and models appearing on the commercial documents of the Atelier de la décoration, including all the elements of the website of the Atelier de la décoration, come under the intellectual and exclusive property of the Atelier de la décoration.

 

Any partial or complete reproduction of these logos, brands, photos and models, whatever the medium, for commercial, associative or voluntary purposes, is prohibited without the consent of the Atelier de la décoration or the holders of the brands or rights attached to these graphic representations.

 

The Client is not authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, elements of the Atelier de la décoration website, whether software, visual or sound.

 

Any simple or hypertext link is strictly prohibited without the express prior written consent of the Atelier de la décoration.

 

 

14.   DISSEMINATION OF CREATION MEDIA

 

The Client authorizes the Atelier de la décoration to distribute on its website, social networks and written publications all documents, plans and photos of the interior design made for the Client without mentioning the Client's names.

 

The Atelier de la décoration reserves the right to photograph the creations in accordance with the customer's privacy practices.

 

 

 15.    PROCESSING OF PERSONNAL DATA

 

 

I. General

 

The Atelier de la décoration respects and protects your privacy and for this purpose complies with the provisions of the General Data Protection Regulation 2016/679 which entered into force on 25 May 2018. This article specifies how and for what purposes the Atelier de la décoration collects and uses your data and also informs you of the process to follow if you wish to access / verify your personal data that Atelier de la décoration has recorded. This font also specifies how you can request the correction or deletion of the files from the Atelier de la décoration.

 

II. Identity and contact details of the data controller

 

The data controller is: Noëlle de Meester; 

contact person: idem;

 Phone: +32 473 62 56 60; Email: info@atelierdeladecoration.be

 

III. Identity and contact details of the Data Protection Officer

 

The Data Protection Officer is: Noëlle de Meester

 

IV. Data collected by the Atelier de la décoration

 

The Atelier de la décoration records the data of its customers, in particular when requesting a quote, your order / purchase. This is generally your name, your address, the company or organization to which you belong, your telephone number and / or your e-mail address, the vehicular language, your function.

 

III. Access, correction and deletion of your data

 

Your consent is systematically obtained by your adherence to the terms and conditions of the Atelier de la décoration, and more particularly to this “privacy” policy. Notwithstanding this consent, you can at any time:

1. access your personal data to verify it;

2. ask us to correct or update them;

3. ask us to limit their processing (to avoid the processing of sensitive health, genetic, biometric data);

4. object to processing, including for direct marketing purposes;

5. ask us to delete this personal data from our files.

 

To do this, you can contact the Atelier de la décoration as follows:

 

ATELIER DE LA DECORATION

Address: Chaussée de Wavre, 1 to 1370 JODOIGNE

Contact person: Noëlle de Meester

Tel: +32 473 62 56 60 Email: info@atelierdeladecoration.be

BCE: 0508.927.128

 

 

IV. Purpose of processing: the purpose of collecting your data and the use made of it by the Atelier de la décoration - the duration of data retention

 

The collection of this personal data is necessary for the performance of our contracts with our customers and suppliers, and for our legitimate interests.

Indeed, it is essential for us to know a minimum about the people with whom we work and in whom we trust, even to respond to their requests, to keep them informed of our activities, products and services, to correspond with them, to identify them during subsequent visits to the Atelier de la décoration website, to compile statistics and to carry out targeted communications in order to improve our customer service.

The data is intended only for Atelier de la décoration, and will therefore not be transferred, except possibly with a view to processing or storing it by subcontractors, always in our exclusive interest. Apart from these storage cases, we do not intend to transfer data to a third country outside the European Economic Area.

We therefore do not sell our databases to third parties for personal use.

The data will be kept for as long as we can make effective use of it. For example, we periodically delete the data of people who have not been our customers for more than five years.

 

V. Information automatically inserted on your hard drive (Cookie)

 

A "cookie" is a small file sent by an Internet server which is saved on your computer's hard drive. It keeps track of the website visited and contains information about that visit.

During your visit to the Atelier de la décoration website, when requesting an estimate or subscription online or in paper version, and when you identify yourself in the forms provided, Atelier de la décoration can store information. information about your computer in the form of a cookie or similar file. This information allows us to offer you a better service by informing us in particular about the language chosen for the consultation of the site, and has the iniquitous purpose of identifying you more easily during subsequent visits to our site.

You can, on most Internet browsers, delete cookies from your hard drive, block them or request that you be notified of their presence before they are stored. To learn more about these features, see the instructions displayed on your browser's information screen.

 

VI. Complaints

 

Complaints that Atelier de la décoration fails to resolve may be forwarded to a supervisory authority, such as the Data Protection Authority in Belgium (rue de la Presse 35 in 1000 Brussels - tel: +32 (0 ) 2.274.48.00; fax: +32 (0) 2.274.48.35; email: contact@apd-gba.be;  www.autoriteprotectiondonnees.be)

 

 

16.      MISCELLANEOUS

 

The invalidity or illegality of one of the clauses of these terms and conditions will never result in the invalidity or nullity of the other clauses and conditions of the contract concluded between the Atelier de la décoration and the Client.

 

In the event of a dispute relating to the validity, interpretation or execution of this agreement, which cannot be resolved amicably, the parties will attempt to resolve this dispute through mediation.

 

When, by virtue of the application of a law, a regulation or following a final decision of a competent court, one or more provisions of these general conditions are held to be invalid or declared as such, this in no way affects the other stipulations of these general conditions which remain in force. If necessary, the parties will negotiate in order to agree on one or more provisions which would achieve, as far as possible, the objective pursued by the nullity clause (s).

 

No omission or delay by either party in exercising any right or remedy available to it under this contract or applicable law shall constitute waiver. The waiver of a right or remedy will take the form of a writing from the waiving party.

 

These terms and conditions and the provisions mentioned on the quote sent to the Client form a contractual whole and constitute the entire contractual relationship between the parties.

 

17.       LITIGATION

 

Disputes relating to the interpretation and execution of the contract are subject to Belgian law.

 

Only the courts of the judicial district of Walloon Brabant (Brabant wallon) are competent.