Article 1: Purpose
Article 1: Purpose
These General Terms and Conditions of Sale and Use (GTC/GTU) govern access to and use of the services provided by ELMA DECO via its website, as well as the provision of interior design and 3D plan creation services. By accessing our website and ordering a service, you unconditionally accept these terms and conditions.
Article 2: Services offered
ELMA DECO offers the following services:
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3D plan design for interior layout and decoration
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Advice on space planning and material selection
These services are provided on the basis of customized quotes accepted by the client.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
Article 3: Access to and Use of the Site
Access to our website is free, except for the costs associated with your internet connection. You agree to use our site in accordance with the laws and rules set out in these terms and conditions.
By using our site, you agree not to:
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To compromise the integrity or security of the site
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Using harmful tools or programs (viruses, spyware, etc.)
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Publishing illegal, threatening, or defamatory content or comments
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Misusing the site's services for commercial purposes without prior authorization.
ELMA DECO reserves the right to block access to its site in the event of a violation of these conditions.
Article 4: Quotes and Orders
4.1 Request for quotation
For every service, a detailed quote is prepared and sent to the client. The quote is valid for 30 days. Any request to modify the quote after its acceptance may result in a price revision.
4.2 Command
The service order is confirmed by the client's acceptance of the quote. This acceptance is made by signing the quote or by sending written confirmation. By accepting the quote, the client agrees to abide by the terms of the contract and these conditions.
4.2 Command
The service order is confirmed by the client's acceptance of the quote. This acceptance is made by signing the quote or by sending written confirmation. By accepting the quote, the client agrees to abide by the terms of the contract and these conditions.
4.2 Command
The service order is confirmed by the client's acceptance of the quote. This acceptance is made by signing the quote or by sending written confirmation. By accepting the quote, the client agrees to abide by the terms of the contract and these conditions.
Article 5: Price and Payment
5.1 Pricing
The prices for services are indicated on the quote and are in euros (€), excluding taxes. ELMA DECO reserves the right to modify its prices, but these modifications will not be retroactive for orders already confirmed.
5.2 Payment terms
Payment for services is made according to the following terms:
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Before the start of the performance
Payment can be made via PayPal, Paylib, Revolut, or any other payment method indicated on the invoice.
Article 6: Completion deadlines
ELMA DECO is committed to respecting the deadlines indicated when the Order is finalized.
The completion deadlines are specified in the quote. ELMA DECO commits to meeting these deadlines, except in cases of force majeure. In the event of a delay, the client will be notified of an additional timeframe. Completion times may vary depending on the complexity of the project and client feedback.
5.2 Payment terms
Deliverables are transmitted to the Client in digital form upon completion of the service.
Delivery is made electronically, including via instant messaging (WhatsApp) or any other appropriate means allowing the transmission of files.
Delivery is deemed to have taken place upon the documents being made available to the Client.
It is the Client's responsibility:
— to verify the receipt of the files;
— to ensure the compatibility of its equipment;
— to download and save the transmitted documents.
ELMA HOME cannot be held responsible:
— due to a failure by the Client to consult the messages;
— an inability to access due to its equipment or network;
— automatic deletion of files or conversations;
— of a loss of documents after their transmission.
In the event of a proven technical impossibility of transmission via the initial channel, ELMA DECO may use any other appropriate electronic means.
Article 7: Intellectual Property
The Site, Services, and Deliverables are the exclusive property of ELMA HOME, in accordance with the Intellectual Property Code. This includes software, interfaces, texts, images, photographs, and other elements provided by the company.
By accepting these General Terms and Conditions of Sale, the Customer grants ELMA HOME, free of charge, the copyright to the photographs uploaded as part of the order, worldwide and for the full term of copyright protection. This grant is limited to the execution of the order and the promotion of ELMA HOME's activities. Unless the Customer objects in writing before delivery, ELMA HOME reserves the right to use the images for communication and inspirational purposes, particularly on social media.
The Client agrees not to reproduce, modify or exploit, in any form whatsoever, the elements of the Site and the Deliverables without the prior consent of ELMA HOME.
Any unauthorized use, reproduction or modification of the Site elements and Deliverables is prohibited and may result in legal action.
Article 8: Responsibility
8.1 Customer Responsibility
The client agrees to provide accurate and complete information regarding the dimensions and characteristics of the space to be fitted out. ELMA HOME cannot be held responsible for any errors or omissions in the information provided by the client.
In the event of contradictory, inaccurate, ambiguous, or manifestly incompatible information, ELMA DECO reserves the right to:
to interpret the information provided according to his professional judgment
to base themselves on the information deemed most relevant
to disregard requests incompatible with the subscribed plan
to request further details from the Client
to suspend the deadlines for completion until clear instructions are received
ELMA HOME cannot be held responsible for any dissatisfaction resulting from inconsistent, contradictory or insufficiently precise instructions provided by the Client.
8.2 Corporate Responsibility
E LMA HOME cannot be held liable for any damage resulting from:
- The inadequacy of the Service for a particular use or to the expectations and needs of the Client User which would not have been included in the contractual scope;
- Inaccuracy or non-compliance of information (measurements, technical implementation of suggested ideas) including in particular the data provided by the Client User, concerning the characteristics of the property subject to the Services;
- The use of, or inability to use, the Site and Services by the User Client;
- The use that the Client User makes of the information or decision-making tools made available to him through the Service, the Client User being and remaining solely responsible for the decisions he makes and the choices he makes;
- A temporary or total unavailability of all or part of the access to the service or access to the User Client area, a difficulty related to response time, and in general, a performance failure;
- Failure by the Client User to comply with these General Terms and Conditions of Sale and Use and more generally any intentional or unintentional fault on the part of the Client User;
- Access to the User Client's data by a third party;
- Fraudulent or abusive use of the Services;
- From a compromise of password confidentiality;
- Statements or behavior of any person with regard to the service provided by the company ELMA DECO;
- Due to force majeure.
Given the current state of technology, it is not possible to guarantee that the services provided will perfectly match the spaces in question. Discrepancies may occur, particularly with 3D scanning. These discrepancies cannot, therefore, be considered defects in the Service and will not justify any compensation to the Client, nor cancellation, termination, or rescission of the Order.
Interior design and layout services constitute an intellectual and creative service involving a degree of subjective appreciation.
The absence of personal projection by the client, their aesthetic preferences or their feelings cannot constitute a lack of conformity nor justify a cancellation or a refund.
8.3 Communication with the client
Exchanges between ELMA HOME and the Client can be carried out by email or instant messaging (including WhatsApp) exclusively within the framework of the administrative monitoring of the project.
These exchanges do not constitute an unlimited consulting service or a permanent support channel.
ELMA HOME strives to respond to messages within a reasonable timeframe during working days, but this does not constitute a contractual obligation.
No immediate response time can be demanded.
Exchanges via messaging can in no way replace the information that must be provided via the customer form or contractual documents.
ELMA HOME reserves the right:
— not to take into account requests made solely by email if they do not comply with the subscription plan;
— to require formal written confirmation or additional information;
— to suspend the processing of the project in the event of no response from the Client to a request for essential information.
Messages sent outside of business hours or during periods of high activity may be subject to a longer processing time.
8.3.1 Preservation of ephemeral exchanges and messages
The Client is solely responsible for the preservation of messages, documents and information exchanged with ELMA HOME via electronic means or instant messaging.
In the event of the use of features limiting the retention of exchanges, including ephemeral messages, automatic deletion of conversations or any privacy settings applied by the Client, ELMA HOME cannot be held responsible for the disappearance of information or communications exchanged.
The Client acknowledges that it is their responsibility to safeguard all important information relating to the project.
The disappearance of messages or documents cannot constitute grounds for dispute, claim or challenge to the service.
Article 9: Order Modification and Cancellation
9.1 Modification
Modifications requested after approval of the 3D plans or completion of part of the service may incur additional charges. These charges will be calculated and communicated to the client before implementation.
9.2 Cancellation
In case of cancellation after validation of the quote and payment, the full payment is due.
The Customer placing an order for a product which is personalized by nature and made to measure, the Customer User does not benefit from the 14-day withdrawal period provided for in Articles L.221-28 et seq. of the Consumer Code.
9.3 Reimbursement
No refund will be issued once the service has begun, except in the case of proven non-performance attributable exclusively to ELMA HOME, in accordance with its personalized and tailor-made nature.
The services offered by ELMA HOME are personalized intellectual services, specifically tailored to the information provided by the Client. As such, they cannot be resold or reused for another client.
A full or partial refund will only be considered in the following cases:
proven technical impossibility preventing the performance of the service, attributable solely to ELMA DECO
total non-performance of the service through no fault of the Client
obvious billing error
However, the following do not constitute grounds for reimbursement:
the Client's subjective dissatisfaction with the result
a difficulty in envisioning oneself in the proposed project
a mismatch with unexpressed or insufficiently specified expectations
the Client's failure to respond to requests for clarification
providing incorrect, incomplete, contradictory or late information
refusal of options or adjustments offered in accordance with the subscribed formula
any request relating to elements not included in the chosen package
When adjustments are contractually provided for, these must be requested according to the indicated procedures and within a reasonable timeframe.
No refund will be given once the deliverables have been sent to the Client.
9.4 Post-delivery requests
No refund will be issued once the service has begun, except in the case of proven non-performance attributable exclusively to ELMA HOME, in accordance with its personalized and tailor-made nature.
The services offered by ELMA HOME are personalized intellectual services, specifically tailored to the information provided by the Client. As such, they cannot be resold or reused for another client.
A full or partial refund will only be considered in the following cases:
proven technical impossibility preventing the performance of the service, attributable solely to ELMA DECO
total non-performance of the service through no fault of the Client
obvious billing error
However, the following do not constitute grounds for reimbursement:
the Client's subjective dissatisfaction with the result
a difficulty in envisioning oneself in the proposed project
a mismatch with unexpressed or insufficiently specified expectations
the Client's failure to respond to requests for clarification
providing incorrect, incomplete, contradictory or late information
refusal of options or adjustments offered in accordance with the subscribed formula
any request relating to elements not included in the chosen package
When adjustments are contractually provided for, these must be requested according to the indicated procedures and within a reasonable timeframe.
No refund will be given once the deliverables have been sent to the Client.
9.4 Post-delivery requests
Any request for adjustment, modification, second proposal or additional option related to the delivered project must be made within a reasonable time after the delivery of the deliverables.
Unless otherwise stipulated in the subscribed offer, ELMA HOME does not guarantee the possibility of intervention on a project beyond a period of 30 calendar days following delivery.
Beyond this deadline:
ELMA HOME cannot guarantee the preservation of the project's source files;
Technical compatibility with the software used may no longer be guaranteed;
Any intervention may require a complete recreation of the project and will be subject to a new billed service;
certain options (second proposal, modification of layout, adjustments to the initial project) may no longer be feasible.
No obligation for intervention can be demanded by the Client after this period.
Article 10: Planning study and optimization of the plan
ELMA HOME offers, on request and on a personalized quote, an interior design study service consisting of optimizing the organization of a space based on documents provided by the Client.
This service may include, in particular:
the proposal for the redistribution of interior spaces;
the creation or modification of non-structural partitions;
the optimization of the flow and functionality of volumes;
the suggested layout of the rooms (e.g. bedrooms, living room, kitchen, bathroom, office, etc.);
recommendations for the placement of equipment or openings are provided as a guideline.
This list is not exhaustive.
10.1 Pricing
The price for this service is determined exclusively by a personalized quote, based in particular on:
of the surface area of the property or the area studied;
the complexity of the project;
the number of parts to be created or modified;
known technical constraints;
of the required level of study;
documents provided.
No standard flat rate applies to this service.
The quote is deemed accepted upon written validation or payment, according to the terms specified in the offer.
10.2 Documents and information provided by the client
The service is performed exclusively on the basis of the information, plans, measurements and documents provided by the Client.
The Client agrees to provide complete, accurate and usable data, including:
a dimensioned or scaled plan (if available);
the main dimensions;
the location of existing openings;
known load-bearing walls;
known technical constraints (pipes, ducts, radiators, electrical panels, etc.);
any information likely to influence the planning.
ELMA HOME does not carry out any on-site verification or technical validation of the data provided.
The Client remains solely responsible for the accuracy of the information transmitted.
10.3 Nature of the service
The service consists of a non-technical planning study provided for informational purposes only.
It does not constitute in any way:
• an architectural project in the regulatory sense;
• a structural study;
• a technical implementation file;
• a project management mission;
• administrative or regulatory validation;
• a plan intended for the direct execution of works.
Technical, structural, regulatory and administrative feasibility must be verified by qualified professionals (architect, design office, construction company, etc.).
10.4 Responsibility
ELMA HOME cannot be held responsible:
• errors or omissions in the information provided by the Client;
• undisclosed technical constraints;
• the impossibility of carrying out the proposed arrangements;
• modifications imposed by building professionals;
• any non-compliance with applicable standards;
• decisions made by the Client based on the study provided.
The Client remains solely responsible:
• verification of dimensions;
• compliance with urban planning and construction regulations;
• obtaining any necessary administrative authorizations;
• Technical validation before any work is carried out.
10.5 Validation of the deliverable
The deliverable is deemed to conform to the information provided by the Client at the time of the order.
Any resulting modification request:
incomplete or erroneous information;
constraints discovered later;
of a change in program or needs;
will be subject to a new billed service.
10.6 Limitation of performance
Only the elements explicitly mentioned in the order, quote or form submitted by the Client will be taken into account in the performance of the service.
Any element not indicated, imprecise or communicated after validation of the order cannot be integrated into the initial study and may be subject to an additional chargeable service.
ELMA HOME cannot be held responsible for the failure to take into account information that is not communicated, incomplete or ambiguous.
Ordering this service constitutes full and complete acceptance of these terms and conditions.
Article 11: Downloadable digital products (layout kit)
ELMA HOME offers downloadable digital products for sale, including printable layout kits allowing the Customer to create their own layout simulations.
These products are presented as digital files (PDF or equivalent formats) accessible after payment.
11.1 Product Access
The digital product is made available to the Customer in the form of a download.
No physical media is shipped.
It is the Client's responsibility to have:
• suitable computer equipment;
• software that allows the file to be opened;
• a printer and the equipment necessary for its use;
• the skills necessary for its implementation.
ELMA HOME cannot be held responsible for any lack of access related to the Client's hardware or software.
11.2 No right of withdrawal and refund
In accordance with the regulations applicable to digital content provided on intangible media, the Client expressly acknowledges and accepts that the performance of the service begins as soon as the file is made available.
Consequently, the Client expressly waives their right of withdrawal.
No refunds, exchanges, or cancellations will be possible after the product has been accessed or downloaded.
11.3 Using the kit
The layout kit is a design aid tool intended for personal use.
It is the Client's responsibility:
• to correctly report one's own measurements;
• to respect the indicated scale;
• to verify the accuracy of the dimensions;
• to ensure the feasibility of the planned development.
ELMA HOME cannot be held responsible:
• measurement errors made by the Client;
• a misinterpretation of the document;
• from incorrect use of the kit;
• of a result that does not conform to the reality of the housing;
• of decisions made based on the kit.
11.4 Indicative nature of the document
The kit provided does not constitute:
• a technical plan;
• an architectural document;
• a work execution file;
• regulatory or structural validation.
This is a teaching tool and a visualization aid.
All work carried out must be validated by competent professionals.
11.5 Responsibility
ELMA HOME cannot be held responsible for the consequences resulting from the use of the kit, in particular in the event of errors in calculation, scale or transcription of dimensions by the Customer.
The Client remains solely responsible for the use he makes of the document provided.
11.6 Intellectual Property
The layout kit is protected by copyright.
Any reproduction, distribution, resale, modification or commercial exploitation, in whole or in part, without prior written authorization from ELMA HOME, is strictly prohibited.
The product is intended for strictly personal use.
Article 12: Validity period of deliverables and the project
The deliverables provided as part of the service are transmitted to the Client in digital form.
The Client is solely responsible for backing up the transmitted files.
ELMA HOME does not guarantee the retention of files beyond a period of 30 calendar days following their transmission.
After this period:
file preservation is not guaranteed;
ELMA HOME will not be required to provide the deliverables again;
ELMA HOME cannot be held responsible for the loss of files by the Client.
Any subsequent request relating to the delivered project (modification, addition of option, new proposal, supplement, update or search for references) made after this period may be refused or be subject to a new service invoiced.
The service is considered complete on the date the deliverables are transmitted.
Article 13: Confidentiality
ELMA HOME is committed to respecting the confidentiality of personal and professional information provided by the client. No information will be shared with third parties without the client's prior consent, unless necessary for the performance of services.
Article 14: Force majeure
Neither party shall be held liable in the event of force majeure, as defined in Article 1218 of the Civil Code, which shall include in particular all natural disasters, all acts of war, breaches of public order, epidemics, fires, floods and other disasters, preventing the performance of the service within the agreed time limits.
Article 15: Applicable Law and Disputes
These terms and conditions are governed by French law. In the event of a dispute, the customer agrees to contact ELMA HOME to resolve the conflict amicably. If no amicable solution can be found, only the court in the jurisdiction where ELMA HOME's registered office is located will have jurisdiction.
Article 16: Acceptance of the General Terms and Conditions of Sale and Use
By accessing our website and ordering our services, you unconditionally accept these General Terms and Conditions of Sale and Use. These terms may be modified at any time. It is advisable to consult them regularly to be aware of any changes.
These General Terms and Conditions of Sale and Use are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.