GENERAL TERMS AND CONDITIONS
Article 1. SCOPE OF APPLICATION
1.1 General terms and conditions (from now on GTC) define the conditions in which Maria Cristina Gentile, The Italian Room ® supplied the consultancy services described in the article 3, according to the express request of the Customer.
1.2 The Customer recognizes to have acquainted with the GTC before placing any order.
The signature of the quotation preceded by the mention ” read and approved, good for agreement ” applies to acceptance of the present GTC.
The GTC are accessible at any time on the www.the-iroom.com website and are sent to the Customer with the quotation.
The GTC can be modified at any time, the version applicable to the Customer is the one that he received with the quotation.
1.3 The Customer recognizes to have the capacity to contract with Maria Cristina Gentile, The Italian Room®.
1.4 Contact details of Maria Cristina Gentile, The Italian Room® are the following ones:
Maria Cristina Gentile, The Italian Room®
138, rue de Bethemont
78630 Orgeval – France
06.47.04.72.66 – email@example.com – www.the-iroom.com
Identifier SIREN 812 296 739 – Identifier SIRET 812 296 739 00012
Code APE 7410Z – Specialized design activities
VAT: “VAT not applicable article 293 B of CGI” French Taxes General Code
Website edited by www.impact-sa.com
Host provider : OVH – 2 rue Kellermann, 59100 Roubaix, France
Publication and communication director: Maria Cristina Gentile, The Italian Room ®
Article 2. INTERNET WEBWEBSITE AND CONTRACTUAL COMMITMENT
2.1 The website of Maria Cristina Gentile, The Italian Room ®, www.the-iroom.com, has for main object to inform about the services offered by Maria Cristina Gentile and her trademark The Italian Room ®. Photos, drawings, illustrations of all kinds present on the website have a purely informative and not contractual function.
2.2 Maria Cristina Gentile, The Italian Room® accept only firm orders. The Customer will show his commitment and his acceptance of the present GTC by the signature, preceded by the mention ” read and approved, good for agreement “, of the quotation realized by Maria Cristina Gentile, The Italian Room ® and by sending all the supports necessary for the realization of the chosen service. Once verified that availability of all the required information, the order will be considered definitive and this will commit definitively both parties. The Customer will be undertaken to pay the amount indicated on the quotation and Maria Cristina Gentile, The Italian Room ® will be undertaken to realize all the services indicated on this quotation. Any reserve or modification of the initial quotation have to be the object of a written agreement of both parties.
Article 3. CONSULTANCY SERVICES
3.1 The services supplied by Maria Cristina Gentile, The Italian Room ® are interior’s design consultancy at a distance (Coaching and Workshops, Let’s Go Shopping, Good Vibes, Happy Work) and by appointment (Coaching and Workshops). This list is not exhaustive and Maria Cristina Gentile, The Italian Room ® reserves the right to add, to delete or to modify any service.
3.2 For the services at a distance: according to the first phone or written contact with the Customer, after the acceptance of the quotation by the Customer and after having received from the Customer all photo supports, an indicative 2D plan and the measurements of the room object of the order, as well as the questionnaire duly filled, a dossier will be realized following the requests and the budget of the Customer. This dossier can consist, according to the chosen formula, of a mood board, of a 2D or 3D plan, of two or more images of the room in perspective (photo-realist or in the form of drawing / sketch), of a list of shopping suggestions and of an explanation of choices made. The documents of the dossier are proposals of ideas for the room object of the order but are not technical or execution plans.
3.3 For individual coaching at a distance: according to the first phone contact with the Customer, necessary to understand the needs and preferences of the Customer, after the acceptance of the quotation from the Customer, The Customer agrees to provide to Maria Cristina Gentile, The Italian Room ®, a few days before the workshop, the photos of the room of his choice. The day of the workshop, of the duration of approximately one hour, Maria Cristina Gentile, The Italian Room ® will give some interior’s design tips and suggestions which the Customer can note by himself(herself) and a mood board with inspirations concerning colors, style, accessories, etc.
3.4 For group workshops: Maria Cristina Gentile, The Italian Room® organize meetings of approximately two hours where participants bring the photo of their room to be modified. Maria Cristina Gentile, The Italian Room ®, on the basis of the preferences expressed by the Customer will invite the participants to express their suggestions and will give some interior’s design tips and advices that the Customer can note by himself(herself).
Article 4. PRICES
Maria Cristina Gentile, The Italian Room ® prices, proposed on quotation, are the ones valid on the day of the Customer’s order.
All the prices are indicated in Euros included taxes.
All the prices are for one room, without limits of square meters.
The prices present on the website are not contractual and can be modified at any time without notice.
Article 5. QUOTATIONS, ORDERS, PAYMENTS AND DELIVERY
5.1 The quotation is free and valid for a month from its date of issue.
5.2 Any order of a consultancy service is subject to the establishment of an quotation by Maria Cristina Gentile, The Italian Room ®, on the basis of the information supplied by the Customer. Every quotation, established in duplicate, indicates the type and the exact definition of the service chosen by the Customer. Any quotation signed in duplicate by the Customer is worth acceptance of service. Each of both parties will keep a copy proving commitments.
5.3 The definitive confirmation of the order by Maria Cristina Gentile, The Italian Room ®, will take place only as from the reception and the validation of the payment by the concerned banking institution and subject to validation of elements supplied by the Customer as: quality of photos and plans of the room object of the order and questionnaire duly filled. It’s up to Maria Cristina Gentile, The Italian Room ® to validate the elements sent by the Customer and eventually ask to him(her) further elements if those sent are not adapted. In the hypothesis where further information would not be supplied by the Customer and in the hypothesis of an impossibility to realize the ordered service due to this, the amount paid by the Customer will be restored to him(her) in a month from the date of of notification by Maria Cristina Gentile, The Italian Room ®.
The definitive validation will be communicated by e-mail with a summary of the order and the delivery deadline (subject to the article 7).
5.4 Concerning the services at a distance the order will be realized at the latest within twenty-one working days as from the day after Maria Cristina Gentile, The Italian Room ® receives the validation of the payment.
Maria Cristina Gentile, The Italian Room ® makes a commitment to make his best efforts to deliver the dossier within the stated deadline; this deadline is given as for information purposes and a possible overtaking cannot give rise to the allowance of damages.
5.5 For LET’S GO SHOPPING and Coaching and Workshops: the payment is due to the acceptance of the quotation by bank transfer. The invoice will be sent once the payment validated.
For GOOD VIBES and HAPPY WORK: a 50 % deposit is due to the acceptance of the quotation, by bank transfer, the balance is due, always by bank transfer, before the delivery of the project formalized by an informative e-mail sent by Maria Cristina Gentile, The Italian Room ®. The invoice will be sent once the totality of payment validated.
5.6 The delivery of dossiers concerning LET’S GO SHOPPING, GOOD VIBES and HAPPY WORK will be done by e-mail.
Article 6. INSURANCE AND LIABILITY
6.1 Maria Cristina Gentile, The Italian Room® holds a liability and professional insurance with INTER MUTUELLES ENTREPRISES.
Liability insurance : N° 971 0000 95617 H 50 Inter Mutuelles Entreprises
The insurance certificate can be supplied on request.
6.2 Maria Cristina Gentile, The Italian Room® commitment is exclusively to provide consultancy services and does not incurs any liability through:
• As for the information, the documents and the photos, transmitted by the Customer, whose contents stay under his(her) full and entire responsibility. Maria Cristina Gentile, The Italian Room ® leans exclusively on information communicated by the Customer to realize the order and could not be responsible for erroneous information transmitted.
• Once the dossier delivered to the Customer, this one cannot oppose to Maria Cristina Gentile, The Italian Room ® subjective preferences arguments to ask a new free service or the refusal of the payment for which it made a commitment.
• As for the realization and the implementation by the Customer of the recommendations of interior’s design suggested by Maria Cristina Gentile, The Italian Room®.
• For all the damages of any nature, which could result from the execution of the proposals of interior’s design recommended by Maria Cristina Gentile, The Italian Room ® and realized directly or indirectly by the Customer.
• When Maria Cristina Gentile, The Italian Room ® supplies plans to the Customer, these plans do not have vocation to be directly intended for the realization or for the execution of the works. They are thus transmitted for information purposes as they are exclusively proposals and inspirations of style. The Customer has to make sure that every external service provider (architects, kitchen specialists, joiners or every professional of the building appointed by the Customer) will resume the plan and will validate all the on-the-spot definitive measurements before the execution of the works and before purchases and modifications. Maria Cristina Gentile, The Italian Room ® declines any liability for failure to respect the quotations indicated on the delivered dossier. All the written and graphic elements transmitted by Maria Cristina Gentile, The Italian Room ® cannot substitute in any case the technical execution plans (the network setting-up of any kind, plumbing, electricity, any fluids, etc.) or any other kind of conception plan necessary for the realization of the preliminary works before the works of interior design. As a result of what precedes, the responsibility of Maria Cristina Gentile, The Italian Room ® could not be committed in the hypothesis where the external service providers would have exclusively leaned on the plans established by Maria Cristina Gentile, The Italian Room ® without having taken the precaution to resume the quotations and to make its own plans.
• Maria Cristina Gentile, The Italian Room® does not guarantee that colors in the screen or printed correspond exactly to products on sale. So, the Customer has to make the necessary checks concerning the colors by moving physically in store and by buying samples A4. As a result of what precedes, the responsibility of Maria Cristina Gentile, The Italian Room ® could not be committed in the hypothesis where the color would not correspond exactly to the result after printing or screen display.
• Maria Cristina Gentile, The Italian Room® will be not held responsible for any direct or indirect damage of any cause, any origin, any nature and any consequences resulting from the utilization of the website or from the other websites which are connected to it.
Article 7. ORDER WITHDRAL POLICY
7.1 According to the articles L121-21 à L121-21-8 of the French Consumer Code, the Customer has 14 days, from the date of the quotation signature, to have a change of mind and claim his right to withdraw. A model of standard letter as an example is joined to the quotation. The letter must be written and sent, dated and signed, by registered letter with acknowledgement of receipt at the following address:
Maria Cristina Gentile, The Italian Room®, 138 rue de Bethemont, 78630 Orgeval – France
7.2 If the Customer wants that the execution of the order begins before the end of the retraction delay of 14 days, he can send a request to Maria Cristina Gentile, The Italian Room ® by letter or e-mail expressly renouncing the exercise of his right to withdraw.
Article 8. CANCELLATION/SUSPENSION OF THE SERVICE DELIVERY
Outside of the right to withdraw within 14 days, any request of cancellation, postponing or modification of the order is subjected to the agreement of Maria Cristina Gentile, The Italian Room ®. In case of cancellation beyond 14 days, the order of the Customer cannot be refunded and it is completely due.
Article 9. PARTICULAR TERMS FOR BUSINESS CUSTOMERS
The business Customer, according to the French Consumer Code, benefits from present GTC with the exception of the right to withdraw contained in article 7.
Article 10. PROTECTION OF PERSONAL DATA (C.N.I.L.) AND RGPD COMPLIANCE
Maria Cristina Gentile, The Italian Room® is the responsible for data processing on the website www.the-iroom.com.
The Customer is informed that according to the article 32 of data protection acts of January 6th, 1978 and modified, the information which he communicates by the forms on the www.the-iroom.com website are necessary to answer his(her) request and for the satisfaction of the same. The data, registered under electronic form (and kept for a period of 1 year from the last contact / purchase for prospecting and of 10 years for the legal and contractual obligations), are used to be able to insure the order processing (services, quotations, payments, invoicing) and, with the consent of the Customer, for operations of prospecting and for sending sales offers exclusively by Maria Cristina Gentile, The Italian Room ®.
Maria Cristina Gentile, The Italian Room® makes a commitment not to broadcast the file for other purposes than those expressed above.
According to the European Regulation on the data protection you benefit from the following rights: access, opposing handling, modification (rectification, update), deletion, withdrawal of the consent, the right for the limitation and for the portability of your Personal data and can define post-mortem directives. You can also introduce any complaint with a supervisory authority such as the French National Commission IT and Liberties to www.cnil.fr.
Maria Cristina Gentile, The Italian Room ® respects the applicable rules according to every channel of prospecting in French law and by virtue of the RGPD.
To not indicate some data or opposing handling could be make inaccessible ordering any service.
You can exercise your rights by writing, specifying in the object of the mail ” right of the people ” and joining the copy of your identity document at the following address:
MARIA CRISTINA GENTILE, THE ITALIAN ROOM®, 138 rue de Bethemont, 78630 Orgeval, France or contacting us by sending an e-mail at: firstname.lastname@example.org
Article 11. INTELLECTUAL PROPERTY – COPYRIGHT
The Italian Room® is a trademark registered at the INPI (Institut National de Propriété Industrielle) under the National n°: 18 4 455 208.
All contents of www.the-iroom.com website are the property of Maria Cristina Gentile, The Italian Room ® and are protected by the French and international laws regarding to the intellectual property.
Any total or partial reproduction of these contents is strictly forbidden and may constitute a counterfeiting offence.
Article 12. CONFIDENTIALITY CLAUSE, ILLUSTRATIONS AND RIGHTS OF REPRODUCTION
Maria Cristina Gentile, The Italian Room® holds the co-ownership of sketches, pictures and illustrations created for the consultancy service ordered on the housing environment of the Customer or quite different place of intervention. The Customer authorizes Maria Cristina Gentile, The Italian Room ®, via the acceptance of these GTC, to publish and to use all the kind of support: graphics ones, plans, photos and all the elements constituting the dossier (including all elements supplied by the Customer). Maria Cristina Gentile, The Italian Room ® can reproduce and modify photos and illustrations according to her needs and use them on all possible supports existing and to come.
Maria Cristina Gentile, The Italian Room® makes a commitment to not associate specific places with the published illustrations and to protect the identity of the Customer, only the indication of the first name and the closest city will be indicated. If the Customer wants his first name omitted or changed, he(she) can ask for it by sending a written request to email@example.com.
Article 13. MAJOR FORCE
The deadlines of execution of the services ordered will be respected except in cases of force majeure.
We consider cases of force majeure or fortuitous events, events that are independent from the will of the parties and/or that they could not reasonably plan, and that they could not reasonably avoid or overcome, as far as their occurrence makes totally impossible the execution of the obligations.
They are considered as cases of force majeure or fortuitous events, discharging Maria Cristina Gentile, The Italian Room ® of any obligation to realize the service ordered within the planned deadlines: diseases, fire, floods, wars, epidemics, the stop of telecommunication networks or the supply disruption EDF-GDF.
In such circumstances, Maria Cristina Gentile, The Italian Room ® will prevent the customer, by e-mail, within 24 hours of the events occurrence, that the contract between Maria Cristina Gentile, The Italian Room ® and the customer is suspended without compensation, from the date of occurrence of the event.
If the event persists for more than thirty (30) days from the date of occurrence, the contract between Maria Cristina Gentile, The Italian Room ® and his(her) customer can be cancelled by the most diligent part, unless none of the parties can aspire to the granting of damages.
This realization will come into effect at the date of first presentation of the registered letter with recorded delivery denouncing the aforementioned contract.
Article 14. FULL
In the hypothesis where one of the clauses of these conditions would be null and void in particular because of a change of legislation, regulations or by a judicial decision, it could not affect, in any case, the validity and the respect for the other clauses of the GTC.
Article 15. APPLICABLE LAW AND LANGUAGE
15.1 These GTC apply during all the duration of the on-line publishing of the consultancy services proposed by Maria Cristina Gentile, The Italian Room®.
Maria Cristina Gentile, The Italian Room® is a company of French law. The law applicable to the contractual relations between Maria Cristina Gentile, The Italian Room ® and the Customer is the French law. In case of disagreement between the parties, each part will try to settle the dispute amicably. If the dispute persists, the competent court will be the one of Maria Cristina Gentile, The Italian Room® seat.
15.2 In case the Customer would live abroad but using Maria Cristina Gentile, The Italian Room® services, the French law and the French jurisdiction are competent.
15.3 These GTC are drafted in French language. In case they would be translated into one or several foreign languages, only the French text would be valid in case of dispute.
PERSONAL DATA POLICY – TO GRANT THE SECURITY AND THE PRIVACY OF YOUR DATA
MARIA CRISTINA GENTILE, THE ITALIAN ROOM® (from now on « the Company ») is concerned about respecting your privacy and want to protect the personal Data entrusted to us.
The purpose of this policy is to give you the maximum amount of information on how your Data will be treated respecting the data protection act n°78-17 dated January, 6th 1978 in its modified version and respecting French and community applicable laws and in particular RGPD (European Regulation dated April, 27th 2016).
1. Personal Data processing responsible
The Personal Data processing responsible is:
MARIA CRISTINA GENTILE, founder and managing director of the trademark THE ITALIAN ROOM®
Identifier SIREN 812 296 739 – Identifier SIRET 812 296 739 00012
2. Collected personal Data categories
Definition: a personal Data is an information concerning a natural person or a natural person consulting the website, allowing directly or indirectly his/her identification.
The Company collects adult natural person Data and it reserves the right to cancel every order if the person is minor.
– Making an appointment on the website www.the-iroom.com
– The use of the contact form on the website www.the-iroom.com
– e-mails/contact calls exchanges
– the questionnaire filled by the Customer at the moment of the order
The Company collects, in particular, the following Data:
– e-mail addresses
– Contact information as first name, last name, phone number, address
– Information that are necessary for the execution of the order (miscellaneous about Customer’s habitat, measurements and photos of the habitat of the Customers, interior’s design preferences)
3. Purpose of Data colleting: why do we collect Data?
Data you communicate to the Company are necessary to execute your orders and to insure the commercial relationship, in particular:
– registration to the workshops
– establishment of quotations and/or invoices
– execution of the contract in case of sell services
– communications with the Customer concerning the services, to send commercial offers, after a first order, exclusively in the name of Maria Cristina Gentile, The Italian Room®.
4. How are your Data processed and who have access to them?
Data hosting is on the Company seat, in France:
138, rue de Bethemont – 78630 Orgeval – France
Collected Data are only used by the Company.
Your Data could be transmitted only according to a legal injunction.
In any case, Data will be never forwarded, sold or exchanged for commercial purposes to third parties, without your express consent.
5. Data recording and conservation period.
Your personal Data are recorded in electronic format and kept for a period according to the purpose of collecting:
– 1 year for commercial prospections, starting from the last contact or order
– 10 years according to our legal and contractual obligations
6. How to contact the Company for exercising your rights?
According to the European Regulation on the Data Protection you benefit from the following rights: access, opposing handling, modification (rectification, update), deletion, withdrawal of the consent, the right for the limitation and for the portability of your personal Data and can define post-mortem directives. You can also introduce any complaint with a supervisory authority such as the French National Commission IT and Liberties to www.cnil.fr.
Maria Cristina Gentile, The Italian Room ® respects the applicable rules according to every channel of prospecting in French law and by virtue of the RGPD.
If you decide to not indicate some data or you decide opposing handling you must know that this could be make inaccessible ordering any service.
You can exercise your rights by writing, specifying in the object of the mail ” right of the people ” and joining the copy of your identity document, at the following address:
MARIA CRISTINA GENTILE, THE ITALIAN ROOM®, 138 rue de Bethemont, 78630 Orgeval, France or contacting us by sending an e-mail to: firstname.lastname@example.org
What is a cookie?
Cookies are text files recorded on your hard disk by the Company server or by a third part server. Always active, cookies are necessary for the proper functioning of the website. In your computer, cookies are administrated by your internet browser.
Cookies are used to improve your navigation experience.
The collected Data are totally anonymous and they don’t contain personal information.
You may set your computer in order to accept or refuse some cookies. In every moment and when you want, you can decide to configurate your computer to:
– systematically record all cookies emitted by the visited website
– configurate your internet browser in order to accept or refuse the cookies that may be proposed regularly
– systematically refuse all cookies emitted by the visited website
For more information, see the European text about cookies: