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1.1 These general conditions (hereinafter “General Conditions”) define the Services described in article 2, offered by direct contact or via the site www.farhidesign.com (“the Site”).
They are established, on the one hand, between the company Farhi Design (“the Company”) operating under the trade name Farhi Design and, on the other hand, all persons, individual or business (“The Client”), wishing to place an order for a service online from the Site.
1.2 The contact details of the company Farhi Design SASU with a capital of 1,000 euros, registered with the Nice RCS under number 880966122, VAT number FR 03880966122 (hereinafter the “Service Provider” or “Farhi Design”) are as follows: Villa Yucatan -21 avenue Auguste Galtier – 06230 Villefrance-sur-Mer – +33 6.68.79.04.42 – contact@farhidesign.com and customers@farhidesign.com
1.3 The General Conditions are brought to the attention of the Client before a service is ordered. They are accessible on the Site and repeated on the back of all quotes sent to the Client by the Service Provider.
1.4 These General Conditions may be subject to modification at any time, the applicable version in regards to any Service ordered by the Client, being that in vigour on the date the signed quote is sent to the Client by the Service Provider.
1.5 These General Conditions take precedent over all other documents drawn up by the Service Provider and / or the Client, excepting any particular mentions that may appear on the quotes issued by Farhi Design, which will predominate these General Conditions, in the event of contradiction.
2.1 “Personalized assessment at a distance”: composed remotely and sent to the Client by e-mail, an approximate ten page, illustrated support formalizing a project involving renovation and interior decoration and design suggestions according to the feasibility and Client’s needs.
2.2 “Deco selection”: composed remotely and sent to the Client by e-mail, a selection of furniture and decorative accessories, curated according to the Client’s needs, including a trend board and summary of products (prices and links to points of sale).
2.3 “Personalized study”: a project study composed upon appointment, transcribed on paper and shared on Drive, based on the Client’s requests and the Service Provider’s assessment, that proposes decoration and layout suggestions (according to all documents mentioned in the estimate) as well as one and / or other of the following studies:
– plans (a list of which appears on each estimate for reference)
– if applicable, a document summarizing the services and the type of partnering companies (depending on the technical nature of the project) allowing the Client to calculate an estimated budget (in direct connection with the construction companies and service providers as suggested by the Service Provider where applicable)
– where applicable, an estimated budget supported by quotes from construction and partnering companies recommended by the Service Provider, quotes for furniture, accessories, materials, etc.
– an estimated retro-planning of work
2.4 “Site coordination”: if applicable, a service, which would begin upon finalization of the personalized technical study, which integrats the management of construction site companies according to the estimated retro-planning, meeting organization, reports and follow-up in regards to various construction plans.
2.5 “Styling”: ordering and follow-up of furniture and accessories which appear on the Deco Selection (cf. 2.2), on the Personalized Study and / or from a list of “Deco Selection Services” or “Personalized study ” independently created by Farhi Design as well as the reception, assembly and installation of furniture and accessories purchased.
2.6 The description of services referred to in Articles 2.1 to 2.5 (hereinafter the “Services”) also appears on the Site. Farhi Design makes its best effort to illustrate these Services. The photos, images and graphic representations appearing on the Site or in its commercial documents are merely representational and not contractual. The Client agrees to consult the Site before ordering any Service (s). The Services will be presented by the Service Provider during meetings and / or telephone conversations, if applicable.
3.1 Order (s):
3.1.1 Any order for Services will be preceded by an estimate produced by the Service Provider based on information provided by the Client.
3.1.2 Each quote will indicate the exact type and scope of the Service retained by the Client. Any estimate signed by the Client constitutes acceptance of the Service and the Client’s firm and final order, subject to Article 6.
3.1.3 The Service Provider is only responsible for the Services mentioned on an estimate. Certain orders may relate to all or part of a Service, according to the information appearing on the quote
3.2 Execution deadlines:
3.2.1 Deadlines for performing Services are either indicated on the Site or when the Service commences. In regards to the Services detailed in articles 2.4, 2.5 and 2.6, deadlines are likely to change during the project (in particular due to technical constraints revealed during the Service, changes requested by the Customer and / or confirmation deadlines). The Service Provider is also not responsible for any delivery delays from suppliers.
3.2.2 Certain services, including the personalized study, give rise to various deliveries, the cadence of which is established during the Service and subject to the Client’s approval. The finalized version of the Personalized Study will be submitted, at the latest, at the end of the Service.
3.2.3 In regards to Services referred to in Article 2.4, the estimated lead time for a Service’s completion is indicated by the Client taking into account binding contractual commitments with construction companies. This deadline is carried over to the project’s retro planning.
The Service Provider is not contractually bound by the Service completion deadline indicated by the Client but will strive to ensure it is respected by the companies involved in the Client’s project. The Service ends on the day the final work approval report is established.
4.1 Services are provided at the rates in effect on the day an order is placed. They are indicated in euros with all taxes included (T.T.C) on the Site or on the quote approved by the Client.
4.2 Payment for the Services is made via bank transfer or check according to the payment terms indicated on the quote (mentions of which take precedent over these General Conditions) and in the absence of any mention noted on the quote, according to the following time frames:
4.3 Certain fixed-rate tariffs may be subject to additional invoicing shown as additional study costs caused by the discovery of technical constraints, found during and / or at the end of a Service, which were not known by the Service Provider and / or the Client at the beginning of the Service.
4.4 Late payment penalties calculated at the legal interest rate will apply if no response is received 8 days following receipt of a formal notice sent.
5.1 The Service Provider holds civil liability insurance covering any direct damage caused to the Client by its representatives during the Service (excluding all indirect damage including loss of turnover, operations, etc.) and professional liability insurance (ten-year guarantee). Structural damage insurance is the exclusive responsibility of the Client.
5.2 The Service Provider cannot be held liable in particular by the Client (i) for any delay in work completion and / or delivery of furniture, accessories or materials (ii) in the event of incidents, poor workmanship or other operational defects or (iii) in the event of unfinished work (including abandonment), all of these grievances falling under the exclusive responsibility of the companies and service providers with which the Client contracts directly (and whether or not their choice has been suggested to the Client by the Service Provider).
6.1 Cancellation of Services by the Client may only occur under the conditions of Article 6.2 (right of withdrawal). Failing this, the Service Provider will keep all sums collected up to the day of cancellation, and the full amount of Services subject to the cancellation will be due from the Customer, without prejudice to the applicable late penalties or any damages that may be claimed by the Provider.
6.2 Pursuant to article L.221-18 of the Consumer Code, (excluding professionals referred to in article 7) and in accordance with article 3.1.2, the Client has, upon validating the order, a period of 14 (fourteen) completed calendar days to exercise the right of withdrawal, without having to justify a reason or incur penalties. Service(s) therefore cannot begin before the end of this period without the Client’s consent.
In application of article L 221-5 of the Consumer Code, if the Client wishes a Service to begin before the end of the withdrawal period mentioned in article L. 221-18, the Service Provider must receive a written request from the Client, on paper or another durable medium. The Client is informed that the right to withdrawal from a contract cannot be exercised for any provision of services fully executed before the end of the withdrawal period or whose execution has started upon the Client’s prior express consent and express waiver of this right.
The Client will express this decision to withdraw by registered mail or email to the contact details referred to in Article 1.2 and, where applicable, via the form available on the Site. In the event of withdrawal, the Service Provider shall reimburse the Client within 14 (fourteen) days following the date on which notification was received of this withdrawal, all sums received for the Service that is being cancelled. Reimbursement is made using the same means of payment as that used by the Client, unless expressly agreed to by the Client. The Client is required to pay any costs calculated according to the terms set out in article L. 221- 25n in the event of withdrawal from a contract for the provision of services for which execution has been expressly requested before the end of the withdrawal period.
6.3 The Service Provider may suspend and / or terminate the execution of all or part of a Service in the event of force majeure. In the event of a sufficiently serious non-execution of an obligation by one of the parties (such as default and / or late payment by the Client for a Service), the party who has been wronged may suspend the execution of its obligations and / or opt for termination. Any suspension of a Service and / or termination will take place after formal notice by letter has been given but remains unresolved within the time limit as indicated in said letter.
6.4 The Client cannot oppose any delay or failure attributable to contractors, service providers and / or suppliers involved in the project to justify a refusal to pay the amount (including down payments) of a Service. Subjective arguments (of taste for example) cannot be used against Farhi Design to justify the redoing of Services or refusal to pay for Services, or any other element agreed within the structure of the estimate, that have already been completed. However, at the request of the Client, adjustments may exceptionally be made to these documents at the discretion of Farhi Design.
7.1 Professional Clients designated by the Consumer Code are covered by these General Conditions, subject to article 7.2, with the exception of the right of withdrawal referred to in article 6.2 (excepting cases referred to in article L 221- 3 of the Consumer Code) and article 10.2.
7.2 The Service Provider specifies that no discounts, reductions or rebates have been given for the benefit of Professional Clients.
In the event of late payment, the Service Provider reserves the right to automatically suspend the execution of the Service. In addition, any late payment may give rise to the automatic application of late payment penalties equal to 3 times the legal interest rate and oblige the Client to pay a lump sum indemnity of 40 euros for cost recovery (with additional fees if said recovery causes further costs).
In accordance with Law #78-17 dating January 6, 1978, relating to computers, files and rights (as subsequently amended), personal data collected from Clients is necessary for processing and invoicing orders for a Service. This data may be communicated to the Service Provider’s partner responsible for the execution, processing, management and payment of orders, which the Client expressly accepts. The processing of information transmitted by the Client has been declared to the CNIL. The Client has a right to permanently access, modify, rectify and oppose this information by contacting: customers@farhidesign.com.
Farhi Design is the owner of the following trademark registered with the INPI: Farhi Design. The general structure, as well as all documents, information, texts, graphics, images, photographs or any other content disseminated on the Farhi Design website or in any other medium are the property of Farhi Design [or of third parties having been granted use] and are protected throughout the world under author’s rights and as intellectual property. Consequently, and in accordance with the French Intellectual Property Code, only private use is authorized which is subject to more restrictive applicable legal or regulatory provisions. Any total or partial reproduction of this site or any of its elements without the express prior authorization of Farhi Design is prohibited. Any representation, alteration, modification or reproduction of this site, by any means whatsoever, would constitute an infringement, sanctioned by the competent French court.
The Client authorizes Farhi Design to take photos of its interior before and after completion of the Service for promotional purposes. Farhi Design may reproduce and modify these photos as needed and use them throughout the world on all possible existing and future media (magazine, TV, web, mobile, etc.) for the entire legal term of copyright.
10.1 These General Conditions are governed by French law. Any dispute that may arise between the Service Provider and the Client relating to the performance of a Service and more generally to the validity, interpretation and performance of these General Conditions, which could not be resolved amicably will be subject to the competent court in accordance with common law.
10.2 The Client may resort to conventional mediation, in particular with the Commission for Consumer Mediation (Article L. 534-7 of the Consumer Code) or with any existing sectoral mediation organization.