These general terms and conditions govern the services offered by the company LAURIE CHOTARD. They are supplemented by the quotation or commercial proposal provided to the Client.
They apply to both consumer Clients and professional Clients, subject to the specific provisions set out below. These general terms and conditions must be communicated to the consumer before the conclusion of the contract. Between professionals, they must be available for communication upon request.
Article 1 — Identity of the Service Provider
These general terms and conditions of service are offered by:
LAURIE CHOTARD Simplified joint-stock company (société par actions simplifiée) with share capital of €1,000
Registered office: 47 Passage Mark Twain, 73100 Aix-les-Bains, France
SIREN: 898 669 890
SIRET (registered office): 898 669 890 00029
Registration: 898 669 890 RCS Chambéry (Chambéry Trade and Companies Register)
APE code: 74.10Z – Specialised design activities Intra-community
VAT number: FR 24 898 669 890
Email: lauriechotard@gmail.com
Website: www.lauriechotard.fr
The company is represented by Laurie Chotard, acting as President.
It is hereinafter referred to as “the Service Provider.”
Article 2 — Definitions
In these general terms and conditions:
The Client refers to any natural or legal person requesting the Service Provider’s services.
The consumer Client refers to any natural person acting for purposes that fall outside their commercial, industrial, craft, professional, or agricultural activity.
The professional Client refers to any natural or legal person acting within the scope of their professional activity.
The quotation refers to the commercial proposal specifying the nature of the assignment, its price, its timeframes, its deliverables, and its specific conditions.
The deliverables refer to the documents, creations, recommendations, layout plans, inspiration boards, visuals, or other items provided to the Client as part of the assignment.
Article 3 — Purpose and scope
These general terms and conditions define the rights and obligations of the Service Provider and the Client in connection with the services ordered.
They apply in particular to services relating to:
- interior decoration consulting;
- space design and layout;
- definition of decorative concepts and atmospheres;
- aesthetic and creative guidance;
- selection of colours, materials, coverings, light fixtures, furniture, and decorative objects;
- creation of inspiration boards, colour palettes, and presentation files;
- production of sketches, concept plans, or visual representations;
- research, selection, and recommendation of suppliers, craftspeople, or products;
- support during appointments, visits, purchases, or consultations;
- artistic direction, design, and creative consulting;
- aesthetic oversight of a project when this assignment is expressly provided for in the quotation.
The exact description of the service, its limits, the stages of work, the deliverables, and the timeframes are set out in the quotation accepted by the Client.
In the event of any contradiction between the quotation and these general terms and conditions, the specific provisions of the quotation shall prevail.
Article 4 — Nature and limits of the services
The Service Provider works principally in the fields of design, decoration, and aesthetic conception.
Unless expressly stated in the quotation, the services do not include:
- assignments legally reserved to an architect;
- structural or technical studies;
- property surveys and inspections;
- thermal, electrical, or acoustic studies;
- the filing or monitoring of an administrative authorisation;
- execution project management (maîtrise d’Å“uvre d’exécution);
- technical management of a worksite;
- verification of the soundness or structural compliance of a building;
- the legal acceptance of works carried out by craftspeople.
The plans, sketches, projections, and visuals provided by the Service Provider are primarily aesthetic, conceptual, and indicative in nature, except where a specific technical function is expressly provided for in the quotation.
Final measurements, technical constraints, applicable standards, and feasibility of implementation must be verified, before any order or execution, by the relevant qualified companies and professionals.
Article 5 — Client’s request and preliminary information
Before the quotation is drawn up, the Client provides the Service Provider with the information needed to understand the project, in particular:
- the nature and location of the project;
- the spaces concerned;
- their needs and preferences;
- their estimated budget;
- the desired timeframes;
- any known technical or administrative constraints;
- the documents, plans, photographs, or measurements available.
The Client warrants the accuracy and completeness of the information provided.
The Service Provider may not be held liable for any error, delay, or unsuitability resulting from inaccurate, incomplete, or late information provided by the Client.
Article 6 — Quotation
Each service is the subject of a quotation or commercial proposal specifying in particular:
- the identity of the parties;
- the description of the assignment;
- the various stages of the service;
- the planned deliverables;
- the price excluding tax and including all taxes;
- any applicable fees;
- the payment terms and schedule;
- the timetable or estimated timeframe;
- the period of validity of the offer;
- any specific conditions.
Unless otherwise stated, the quotation is valid for thirty (30) calendar days from its date of issue.
After this period, the Service Provider may maintain the offer, amend it, or draw up a new quotation.
The quotation is prepared on the basis of the information available at the time it is drawn up. Any significant change to the project may result in a modification of the price or the timetable.
Article 7 — Formation of the contract
The order becomes firm once the following conditions are met:
- the quotation is dated, signed, or accepted in writing by the Client;
- these general terms and conditions are accepted;
- the amount due on order is received, where an upfront payment is requested;
- the information and documents needed to begin the assignment have been provided.
Acceptance may take place by handwritten signature, electronic signature, or any unequivocal written confirmation.
The accepted quotation and these general terms and conditions together form the contract concluded between the parties.
Article 8 — Price
Prices are expressed in euros.
They are presented:
- excluding tax and including all taxes for professional Clients;
- including all taxes for consumer Clients.
VAT is applied at the legal rate in force on the invoice date.
The price covers only the services and deliverables expressly stated in the quotation.
Unless otherwise stated, the following are not included:
- travel and accommodation expenses;
- delivery costs;
- paid samples;
- special printing or reproduction;
- purchases of furniture, materials, equipment, or accessories;
- licences for software, fonts, photographs, or external resources;
- the fees of craftspeople, architects, engineering offices, or other parties;
- any additional service not provided for in the quotation.
No significant unforeseen expense will be incurred on the Client’s behalf without their prior agreement.
Article 9 — Payment on order
The amount of the payment requested on order is stated in the quotation.
Unless expressly stated otherwise, any sum paid on order constitutes a deposit (acompte) and not earnest money (arrhes). The deposit definitively binds both parties, subject to the right of withdrawal applicable to consumer Clients.
The nature of the sum paid must be clearly stated, since sums paid in advance by a consumer are legally treated as earnest money (arrhes) where no provision to the contrary is made.
The Service Provider is not required to begin the assignment before the agreed payment is received.
Article 10 — Payment terms
The price and payment schedule are set out in the quotation.
Payment is made principally by bank transfer, to the details shown in the quotation or invoice.
Invoices are payable on the date stated on each of them.
The Client may not withhold, reduce, or set off any sum due without the prior written agreement of the Service Provider or an enforceable decision.
No discount is granted for early payment, unless otherwise agreed in writing.
Article 11 — Late payment by a consumer Client
In the event of late payment, the Service Provider will send the consumer Client a request for payment or a formal notice.
Failing settlement within the stated period, the Service Provider may suspend performance of the assignment, subject to informing the Client beforehand and complying with the mandatory provisions of the French Consumer Code.
Recovery costs may be claimed from the consumer Client only under the conditions permitted by law.
The flat-rate indemnity of €40 provided for late payments between professionals does not apply to consumers.
Article 12 — Late payment by a professional Client
Any sum not paid by a professional Client on the due date automatically results, without prior reminder, in the application of late-payment penalties.
The rate applied is equal to the refinancing rate of the European Central Bank in force on the first day of the relevant half-year, increased by ten (10) percentage points.
Penalties are calculated on the amount including all taxes remaining due, from the day after the due date until payment in full.
A flat-rate indemnity of €40 for recovery costs is also due for each invoice paid late. Where recovery costs incurred exceed this indemnity, additional compensation may be claimed on supporting evidence. These statements must appear in the general terms and conditions and on invoices intended for professionals.
The Service Provider may also suspend services in progress until payment in full of the sums due.
Article 13 — Performance schedule
The timetable stated in the quotation is established on the basis of the information known at the time of the order.
Unless expressly agreed otherwise, the dates communicated are estimated timeframes.
The timeframe begins to run after:
- acceptance of the quotation;
- receipt of the requested payment;
- receipt of the necessary information and documents;
- obtaining access to the relevant site or premises, where required.
The timetable may be revised where the Client is late in providing an item, a decision, an approval, or a payment.
The Service Provider informs the Client of any event likely to cause a significant shift in the project.
Article 14 — Cooperation and Client’s obligations
The Client undertakes to cooperate in good faith with the Service Provider.
In particular, the Client must:
- provide truthful, accurate, and complete information;
- supply the available plans, measurements, photographs, and documents;
- report any known constraints;
- communicate their actual budget;
- respond to approval requests within reasonable timeframes;
- obtain the authorisations needed to access the premises;
- ensure safe working conditions;
- inform the occupants, owners, co-owners, or other persons concerned;
- verify that they hold the necessary rights to the content provided;
- make payments on the agreed dates.
Any delay or failure on the Client’s part may result in a postponement of the timetable and, where it generates additional work, additional billing.
Article 15 — Visits and access to premises
Where the assignment requires a visit, the Client guarantees the Service Provider access to the premises on the agreed dates and times.
The spaces must present normal conditions of accessibility and safety.
The Client informs the Service Provider of any particular situation, in particular:
- ongoing works;
- restricted access;
- known hazards;
- the presence of animals;
- co-ownership rules;
- parking or delivery difficulties;
- access restrictions.
A visit cancelled or postponed late by the Client may be re-invoiced where it resulted in a journey, a booking, or a significant loss of time, provided this consequence was made known to the Client.
Article 16 — Modifications and additional services
The quotation states, where applicable, the number of proposals, meetings, variants, or rounds of corrections included.
Any request that modifies the initial scope of the assignment may give rise to an additional quotation, in particular in the event of:
- a significant modification of the specifications;
- the addition of a room or space;
- a change of aesthetic direction after approval;
- a new version requested after approval of a stage;
- an urgent or priority request;
- an additional meeting, journey, or research;
- work made necessary by information not provided initially.
The Service Provider informs the Client of the cost and foreseeable schedule consequences before carrying out the additional service.
Article 17 — Validation of stages
Where the assignment comprises several stages, the Service Provider may ask the Client to approve each of them before continuing.
Approval may be given by signature, email, or any other unequivocal written form.
An approved stage is considered accepted in principle. Any request to return to an earlier stage or for a significant modification may be billed as an additional service.
The Client remains responsible for their approvals and final decisions.
Article 18 — Delivery of deliverables
Deliverables are provided in accordance with the terms specified in the quotation, in particular by email, digital space, printed document, or presentation at a meeting.
The Client is invited to check the deliverables upon receipt and to promptly report any objective discrepancy with the quotation.
Where a verification period is provided for, it does not deprive the consumer Client of their legal rights.
Source files, working files, drafts, preparatory studies, research, rejected proposals, and internal documents are not provided, unless expressly stated in the quotation.
The Service Provider is not required to keep files indefinitely after the end of the assignment. It is for the Client to save the items provided to them.
Article 19 — Products, suppliers, and external parties
Recommendations of furniture, materials, equipment, craftspeople, suppliers, or brands are made on the basis of the information available at the time of the research.
The Service Provider does not guarantee:
- the permanent availability of a product;
- the maintenance of its price;
- its delivery timeframe;
- the absence of variation in colour or material;
- the quality of a service performed by a third party;
- the solvency or availability of a supplier;
- the technical suitability of a product for a use that was not disclosed.
Where the Client orders a product or service directly from a third party, the contract is concluded between the Client and that third party. The general terms and conditions, warranties, timeframes, and liabilities of the supplier concerned apply.
The Service Provider is not responsible for the acts, delays, errors, defects, or non-performance of third parties chosen and contracted directly by the Client.
Where the Service Provider is instructed to order or coordinate certain items on the Client’s behalf, the exact terms of this assignment must appear in the quotation.
Article 20 — Works and craftspeople
The Service Provider may recommend or introduce craftspeople and other professionals.
Except where a specific mandate or assignment is stated in the quotation, the Client freely chooses the companies and concludes the works contracts directly with them.
The companies involved remain solely responsible for:
- their quotations and invoices;
- their insurance;
- their working methods;
- their employees and subcontractors;
- their timeframes;
- worksite safety;
- the technical and regulatory compliance of their works;
- the warranties attached to their services.
The Service Provider does not replace the company in charge of the works, an architect, a project manager (maître d’Å“uvre), or an engineering office, except under an assignment expressly contracted and legally authorised.
Article 21 — Cancellation or postponement by the Client
Any request for cancellation or postponement must be made in writing.
Subject to a consumer Client’s right of withdrawal:
- services already performed remain payable;
- expenses incurred with the Client’s agreement remain payable;
- orders and bookings that have become non-cancellable remain the Client’s responsibility;
- the Service Provider may bill for work carried out up to the date of cancellation.
Where the sum paid constitutes a deposit (acompte), cancellation does not automatically release the Client from their contractual obligations. The parties may nevertheless agree in writing to an amicable termination and its financial consequences.
The Service Provider will endeavour to propose a new timetable in the event of postponement, without being able to guarantee the availability of the dates originally envisaged.
Article 22 — Suspension or termination of the contract
In the event of a serious or repeated breach by one party of its obligations, the other party may send it a written formal notice specifying the breach identified and requesting that it be remedied within a reasonable period.
Failing remedy, the contract may be terminated, without prejudice to sums already due and any damages that may be claimed.
The Service Provider may in particular suspend the assignment in the event of:
- an unpaid invoice;
- a prolonged absence of response from the Client;
- a failure to provide the necessary information;
- repeated refusal to give approval preventing the project from continuing;
- dangerous working conditions;
- disrespectful, threatening, or abusive behaviour.
In the event of an interruption of the project attributable to the Client for more than sixty (60) days, the Service Provider may propose a new timetable and an updated quotation before resuming.
Article 23 — Consumer Client’s right of withdrawal
This Article applies only to the consumer Client where the contract is concluded at a distance or off-premises.
The Client has a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give any reason.
Withdrawal may be exercised by sending the form appearing at the end of these terms and conditions, or any written statement unambiguously expressing the wish to withdraw.
The request must be sent before the expiry of the period to:
LAURIE CHOTARD
47 Passage Mark Twain
73100 Aix-les-Bains
France
Email: lauriechotard@gmail.com
Where the Client expressly requests that the service begin before the end of the withdrawal period, they must, if they withdraw after performance has begun, pay an amount proportionate to the services actually provided up to the notification of their decision.
Such early performance requires an express request from the Client. Failing this, no sum corresponding to the service begun during the period may be claimed from them in the event of withdrawal.
The right of withdrawal ends before the expiry of the fourteen (14) days where the service has been fully performed, provided that:
- its performance began with the Client’s prior and express agreement;
- the Client acknowledged that they would lose their right of withdrawal once the service had been fully performed.
The legal right of withdrawal does not automatically apply to contracts concluded directly on the Service Provider’s premises, nor to professional Clients.
Article 24 — Service Provider’s commitment
The Service Provider undertakes to carry out the assignment with care, diligence, and professionalism, in accordance with the accepted quotation.
The Service Provider is subject to a best-efforts obligation (obligation de moyens). It applies its skills and experience in order to propose solutions consistent with the needs, tastes, budget, and constraints communicated by the Client.
The final outcome of a project may, however, depend on many external factors, in particular:
- the Client’s decisions;
- the budget actually available;
- the availability of products;
- the actual characteristics of the premises;
- constraints discovered after the assignment has begun;
- the quality of the companies’ work;
- suppliers’ timeframes;
- modifications requested during the project.
Article 25 — Liability
Each party is liable for direct damage resulting from a proven breach of its contractual obligations.
The Service Provider may not be held liable for consequences resulting from:
- inaccurate or incomplete information provided by the Client;
- a decision taken contrary to its recommendations;
- a modification made to the deliverables by the Client or a third party;
- the use of a document for a project other than the one intended;
- a measurement error not carried out or validated by the Service Provider;
- a technical defect attributable to a craftsperson, manufacturer, or supplier;
- a delay or stock shortage;
- an administrative decision;
- a hidden defect or an unknown characteristic of the building;
- indirect damage, such as loss of business or loss of opportunity.
No provision may limit or exclude a liability that cannot lawfully be so limited or excluded, in particular towards a consumer Client.
Article 26 — Intellectual property
The Service Provider remains the owner of its methods, tools, know-how, models, preparatory documents, research, compositions, concepts, drawings, and creations pre-existing the assignment.
The deliverables produced for the Client are protected by intellectual property law.
After payment in full, the Client is granted the right to use the deliverables for the project and purpose expressly provided for in the quotation.
Unless otherwise agreed in writing, this authorisation:
- is personal to the Client;
- is limited to the project concerned;
- does not permit the resale of the deliverables;
- does not permit their commercial distribution;
- does not permit their reproduction for other projects;
- does not permit their substantial modification or their attribution to a third party.
Any broader assignment of rights must be expressly provided for in the quotation or in a separate contract specifying the rights concerned, the authorised uses, the duration, and the territory.
No definitive exploitation right is granted before payment in full of the price.
Rejected proposals, variants, and creations remain the exclusive property of the Service Provider.
Article 27 — References and portfolio
The Service Provider will publish the Client’s name, address, photographs of their interior, or confidential elements of the project only after obtaining their prior authorisation.
Subject to this agreement, the Service Provider may present photographs, visuals, or extracts of the project:
- on its website;
- on its professional social media;
- in its portfolio;
- in press kits;
- during commercial or professional presentations.
The specific conditions of photography, credit, and anonymisation may be defined in writing between the parties.
Article 28 — Confidentiality
Each party undertakes to keep confidential any information presented as such or whose confidential nature is clearly apparent from its nature.
This obligation concerns in particular:
- the Client’s personal information;
- access to the premises;
- private plans and documents;
- budgets;
- commercial strategies;
- projects not yet made public;
- contractual exchanges and documents.
It does not concern information that is already public, lawfully obtained from a third party, or whose disclosure is required by law.
Article 29 — Personal data
Personal data collected in connection with enquiries, quotations, contracts, payments, and services is processed by the company LAURIE CHOTARD in order to manage the pre-contractual and contractual relationship, invoicing, accounting, and project follow-up.
The Client can obtain further information on the purposes, legal bases, recipients, retention periods, and applicable rights by consulting the Privacy Policy available at www.lauriechotard.fr.
Any request relating to personal data may be sent to:
Article 30 — Force majeure
Neither party may be held liable for non-performance or delay caused by an event of force majeure within the meaning of French law.
The party concerned informs the other as soon as possible.
The obligations affected are suspended for the duration of the impediment. The parties seek a solution enabling the assignment to be postponed or adapted.
If the impediment continues and makes it permanently impossible to continue the contract, the contract may be terminated on terms taking into account the services already performed and the expenses incurred.
Article 31 — Complaints
Any complaint must be sent, as a priority, to the Service Provider in writing, at the following details:
LAURIE CHOTARD
47 Passage Mark Twain
73100 Aix-les-Bains
France
Email: lauriechotard@gmail.com
The complaint must specify the subject of the dispute and be accompanied by the information or documents needed to examine it.
The Service Provider will endeavour to propose an amicable solution within a reasonable timeframe.
Article 32 — Consumer mediation
After a prior written complaint that has remained without an amicable solution, the consumer Client may refer the matter free of charge to the consumer ombudsman to which the Service Provider belongs.
Consumer ombudsman: to be completed after effective membership
Address: to be completed
Ombudsman’s website: to be completed
Note: The Service Provider must have effectively joined a referenced ombudsman before listing its name. The ombudsman’s details must appear on the website, in the general terms and conditions, and on order forms. This section must be completed before final publication of the general terms and conditions if services are offered to individuals.
Article 33 — Applicable law and disputes
These general terms and conditions and the contracts arising from them are governed by French law.
In the event of a dispute, the parties will seek, as a priority, an amicable solution.
The consumer Client may refer the matter to the competent ombudsman and bring the matter before the legally competent court.
For disputes between the Service Provider and a professional Client having the status of a trader (commerçant), and subject to the validity of this clause, express jurisdiction is granted to the courts within the jurisdiction of the Service Provider’s registered office, including in the event of multiple defendants or third-party proceedings.
This provision does not deprive the consumer Client of the protective rules relating to territorial jurisdiction.
Article 34 — Partial invalidity
If any provision of these general terms and conditions is declared void, unlawful, or unenforceable, the remaining provisions shall remain in force.
The parties will endeavour to replace the provision concerned with a valid stipulation as close as possible to its original purpose.
Article 35 — Amendment of the general terms and conditions
The Service Provider may amend these general terms and conditions to reflect changes in its activity, its methods, or the applicable regulations.
The version applicable to an order is the one provided to or accepted by the Client on the date the contract is concluded.