Terms and conditions of service

The Re-Tree-Tout website, available at www.re-tree-tout.com, is operated by Re-Tree-Tout, a sole proprietorship registered with the French National Register of Businesses (Registre National des Entreprises) under SIRET number 993 728 963 00014.

Re-Tree-Tout has its registered office at 9 Impasse des Espartes, 06800 Cagnes-sur-Mer, France, and is represented by Ms Elise ANTCZAK, acting in her capacity as the business owner.

Email : re.tree.tout@gmail.com

Téléphone : 06.51.46.00.70

Terms and Conditions of Service

Parties

Re-Tree-Tout, hereinafter referred to as "the Company",

of the first part,

and

any natural or legal person purchasing services from Re-Tree-Tout,

hereinafter referred to as "the Client",

of the second part,

have agreed as follows.

Purpose :

These Terms and Conditions of Service ("Terms") set out the respective rights and obligations of the Company and the Client in relation to the services provided by the Company. The Company offers professional home organising and office organising consultancy and personalised support services for both private individuals and businesses. These services include assistance with sorting, decluttering, reorganising, optimising and organising living and working spaces. A full description of the services covered by these Terms is available on the above-mentioned website.

General provisions :

The Company reserves the right to amend these Terms at any time by publishing a revised version on its website. The Terms applicable to the Client are those in force on the date payment is received (or the date of the first payment where payment is made in instalments). These Terms are available on the Company's website at www.re-tree-tout.com/cgps and are systematically provided to the Client when a quotation is issued. Placing an order and accepting any services provided by the Company constitutes the Client's full and unconditional acceptance of these Terms. The Client acknowledges having received all necessary advice and information to ensure that the proposed services meet their requirements.

The Client may request a quotation free of charge. Upon receipt of the quotation, the Client may accept it in writing by any appropriate means, including by email to re.tree.tout@gmail.com. Acceptance of the quotation constitutes acceptance of these Terms. The Client confirms that they have the legal capacity to enter into a contract under French law or that they are duly authorised to act on behalf of the individual or legal entity they represent. Unless proven otherwise, the Company's records shall constitute evidence of all transactions.

Company's obligations :

The Company is bound by an obligation to use reasonable skill, care and diligence in the performance of its services and does not guarantee any particular outcome. The Company undertakes to provide its services professionally and in accordance with the accepted quotation or commercial proposal. Any dates provided in the quotation are indicative only and may be subject to change due to technical constraints or circumstances beyond the Company's reasonable control. The Company maintains professional business insurance with [insurer to be confirmed]. The Company shall only be liable for direct material damage caused to the Client as a result of negligence attributable to the Company during the performance of the services. Under no circumstances shall the Company's liability exceed the total value of the relevant order.

Client's obligations :

The Client agrees to cooperate in good faith and to provide, in a timely manner, all information, documents and content necessary for the proper performance of the services. The Client warrants that all information and content supplied (including photographs, audio and video material) are free from third-party rights and that they hold all necessary intellectual property rights, licences and permissions. The Client agrees to indemnify the Company against any claim brought by a third party relating to such content. The Client who has accepted the quotation shall remain the Company's sole point of contact throughout the performance of the services.

Prices and payment terms :

Unless otherwise agreed, prices are based on the rates agreed between the Company and the Client. The agreed fee will be invoiced by the Company and may be invoiced in instalments, including the issue of a deposit invoice where applicable. Unless otherwise agreed, payment must be made by bank transfer within 15 days of the invoice date. Late payment shall automatically give rise to statutory late payment interest at a rate equal to three times the French legal interest rate, without prior notice. The applicable legal interest rate is that in force on the date the services are performed. Since 1 January 2015, the French legal interest rate has been revised every six months pursuant to Ordinance No. 2014-947 of 20 August 2014. Late payment interest shall be calculated on the total amount outstanding, inclusive of VAT, from the payment due date without the need for prior formal notice. In addition, any unpaid amount, including deposits, shall automatically incur a fixed recovery charge of €40, in accordance with Articles L441-6 and D441-5 of the French Commercial Code. Failure to pay by the due date shall also automatically entitle the Company to suspend any ongoing services without prejudice to any other legal remedies.

Right of withdrawal :

In accordance with Article L121-20 of the French Consumer Code, consumers have a statutory period of 14 days in which to exercise their right of withdrawal without giving any reason and without incurring penalties, except where return costs may apply. However, this right does not apply to digital content supplied on a non-material medium or to contracts for services whose performance has begun with the consumer's prior consent and for which the consumer has expressly waived their right of withdrawal.

Complaints :

Any complaints should be submitted by email to : re.tree.tout@gmail.com

Intellectual property :

The Company retains exclusive intellectual property rights over all materials created in connection with the performance of its services. All documents, guides, worksheets, tools and other materials produced by the Company remain its exclusive property and are protected by applicable intellectual property laws. The Client authorises the Company to display its copyright notice in any appropriate form (including name, logo or hyperlink) on materials created as part of the services. The Client also authorises the Company to refer to completed projects for promotional and portfolio purposes. The Client is granted a personal, non-transferable right to use the materials provided. Such rights may not be assigned, sublicensed or transferred to any third party without the Company's prior written consent.

Confidentiality :

The Company undertakes to treat as strictly confidential all information received from the Client in connection with the performance of the services and shall not disclose such information, directly or indirectly, without prior consent. Likewise, all communications between the Company and the Client, whether by email, telephone, video conference, instant messaging services (including SMS, WhatsApp and Messenger) or in person, both during and after the completion of the services, shall remain strictly confidential. Both parties further undertake to keep confidential any commercial, technical or financial information relating to the other party obtained during their business relationship.

Force majeure :

The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from an event of force majeure. For the purposes of these Terms, force majeure shall have the meaning given under French law and includes any unforeseeable, unavoidable event beyond the reasonable control of the Company. The Company shall notify the Client as soon as reasonably practicable of any such event.

Governing law and jurisdiction :

These Terms shall be governed by and construed in accordance with French law. Any dispute arising out of or in connection with these Terms or the services provided shall fall within the exclusive jurisdiction of the Commercial Court of Antibes (France). Before commencing legal proceedings, the parties agree to make every reasonable effort to resolve any dispute amicably. Where appropriate, either party may refer the matter to an independent mediator. If no amicable settlement is reached, or if the professional fails to respond within one month, consumers may refer the dispute free of charge to the following approved consumer mediation body :

La Société Médiation Professionnelle
Alteritae
5 Rue Salvaing
12000 Rodez
France

Website : www.mediateur-consommation-smp.fr

If the dispute remains unresolved, it shall be brought before the competent courts having jurisdiction over the Company's registered office.