GENERAL TERMS OF SERVICE

Article 1 : Purpose

The purpose of the present General Conditions of Service is to define the rights and obligations of the parties within the framework of the service offers (hereafter “Services”) proposed to the Client by the company RENOVATION PARTNER, a company in the process of being registered and whose head office will be located at 51 rue Ampère – 75017 Paris, publisher of the site www.renovation-partner.com.

The fact of placing an order for a Service implies the whole adhesion and without reserve of the Customer to the present CGS to the exclusion of any other provision.

The Provider reserves the right to modify at any time the TOS which will be, if necessary, brought to the attention of the Customer by online modification and applicable only to the Services performed after the modification.

The Service Provider reserves the right to offer new Services, free or paid, on the Website.

Article 2 : Definitions

Architect: means the natural or legal person referenced by the Service Provider and qualified as an Authorized Partner, with a view to assisting the Clients on the project management services.

Notice: recommendations or opinions of the Builders, Authorized Partners or Customers on the Services. Opinions are an integral part of the Content as defined below.

Lawyer: means the firm DIGINVEST TECH & LEGAL SERVICES.
Charter of ethics and quality: refers to the document drawn up by RENOVATION PARTNER and available on the Site, listing the commitments of the Builders of the Work and the Approved Partners in terms of ethics and quality of the Services rendered.

Client: any individual or legal entity placing an order for one or more paying Services.
General Terms of Services or GTS: all the stipulations of these general terms of services, governing the use of the Site and Services. These TOS are subject to change in accordance with the terms and conditions set forth in Article 8.

Constructor of the work: a natural or legal person who is a building professional as defined in article 1792-1 of the Civil Code and who is part of the network of building professionals selected by RENOVATION PARTNER and who is then part of the community of approved Partners, and who can in this context be proposed to a Client for the realization of his Project.
Accompaniment Contract: means the contract signed between RENOVATION PARTNER, the Lawyer and the Client defining the terms and conditions for the performance of the Services which the Client wishes to use.

Quotation: shall mean the offer of the Contractor of the work within the meaning of Article L221-5 of the Consumer Code.

Personal Data or Data: any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity. Examples of Personal Data are: your name, surname, pseudonym, photograph, postal and e-mail addresses, telephone numbers, date of birth, data relating to your transactions on the Site, details of your purchases and subscriptions, credit card numbers, and any other information you choose to communicate to us about yourself.

File: all documents and information provided by the Client on the Site that enable the Service Provider, the Lawyer, and the Authorized Partners to provide the Services.

Project Space: project space made available to the Client and which allows the use of the Services to be managed in a form and according to the technical means that RENOVATION PARTNER deems most appropriate for rendering said Services. The Project Space also includes a space made available to the Builders of the work so that they can comply with their obligation to provide information under Articles L.221-5 and L.221-6 of the Consumer Code.

Estimate: means the estimated cost of the Renovation desired by the Client communicated by RENOVATION PARTNER under the terms and conditions of the GCS.

Key objectives: the key objectives are the following:

1. Communication of an estimate within 24 hours
2. Permanent assistance of the Client by a Referent speaking his language
3. Possibility of real-time monitoring by the Client of the progress of the Project
4. Optimization of the time of realization of the Project by the coordination of the Builders of the work.

Authorized Partner: except for the Lawyer, this means any company (Builders of the work, Architect, etc.), or subcontractor (third party companies) to which the Provider may have recourse in order to provide the Services to the Client.

Parties: the User on the one hand and the Provider on the other hand.

Confidentiality Policy: document communicated informing the Users of the terms and conditions for the processing of their personal data by RENOVATION PARTNER.

Provider: the company RENOVATION PARTNER as identified in article 1 hereof.

Project : the renovation work project of a Client’s property.

Referent : the natural person intervening for RENOVATION PARTNER whose mission is to accompany the Client throughout his Project.

Service(s) : all the services, tools, advice, information, offered by RENOVATION PARTNER, or its approved Partners or the Lawyer, to Clients via the Site. These Services can be free or paying.

Site: the Internet site www.renovationpartner.com as published by the Lawyer and licensed to the Service Provider. The Site is a platform for putting people in touch with each other, then the Service Provider coordinates the flow of information related to the Clients’ renovations.

User: any natural or legal person who uses the Site or any of the Services offered.

Article 3: Use of the Services

3.1 The Services are accessible from anywhere in the world. However, the shipments are materialized and deposited in Metropolitan France and can only be sent to any Client anywhere in the world.

3.2 The Client is hereby informed that for the proper performance of the Services, the Service Provider and the Lawyer shall each be involved in the performance of the Services for which they are responsible. The Service Provider may use the services of approved Partners.

3.3 The complete File is kept for 12 months on the servers of the Site, which is located in the European Union.

3.4 The use of the Services is available to any User using the Site in order to obtain a quote.

Article 4. Description of the Services

4.1 Thanks to the Site, the Customer will be able to carry out his Project in an environment adapted to his language, in compliance with the Key Objectives.

For the completion of the Project, the Services include several steps:

1. The Customer fills in the questionnaire on the desired renovation Project.
2. The Customer receives the contact information of a Referrer for a telephone appointment.
3. The Customer receives the estimate of the renovation work.
4. The Customer receives the Quotation(s), depending on the complexity of the work, from the Builder of the work.
5. Subject to the Client’s agreement on the Quotations, the Client signs the Support Contract with RENOVATION PARTNER and the Lawyer.
6. The Support Contract contains two parts:
   – A general conditions part
   – A special conditions part, this second part being adapted to the particularities of the Project.
7. The renovation starts and the Services are executed until the acceptance or the lifting of the reservations.
8. The Client puts the down payment and the payments due for the renovation secured on an account managed under the responsibility of the Lawyer through the bank of lawyers CARPA.
9. Renovation Partner sets up and ensures a follow-up process of information on works using technological tools allowing a constant follow-up between the Client, RENOVATION PARTNER and the Builders of the work.
10. The acceptance of the work is done according to the rules of law.

4.2. The Services are as follows:

Services provided by the Provider:

• putting Clients in contact with Builders of the Work including the Architect;
• informing Clients about the rules and practices of renovation in France;
• follow-up of the information flow related to the renovations;
• operational and administrative coordination of the parties involved in the renovation operation from the estimate to the acceptance of the work and the lifting of reservations, in conjunction with the Lawyer and the Architect.

Services performed by the Lawyer in the interest of the Client:

• Pre-validation services and audit of the work’s constructors;
• Negotiation services and legal advice for the signing of contracts with the Builders of the work;
• Legal follow-up of the renovation project, from the estimate to the acceptance and the lifting of the reservations entrusted to the Lawyer;
• management services of the CARPA account of each renovation operation;
• services of the lawyer’s deed and conservation of the contracts signed with the constructors of the work;
• legal support for the acceptance of the works and the removal of the reservations.

4.3. RENOVATION PARTNER is not a construction professional and is in particular neither an assistant to the client, nor a project manager, nor in general a general contractor, both at the design stage and at the execution stage of the renovation.
RENOVATION PARTNER is independent of the Builders of the work which it recommends on the basis of their competence, experience and know-how and cannot in any way be held responsible for the actions of the Builders of the work.

4.4. RENOVATION PARTNER is a broker putting Clients in contact with approved Partners and manages the information flow of the renovation operation between all the parties involved. In order to avoid any ambiguity, it does not intervene in any of the missions of carrying out the work, whether in terms of project management or work in the strict sense of the term, and does not give any technical advice in this respect to the Client. It does not provide any legal services.

The RENOVATION PARTNER concept is unique in France in that it aims to help private project owners in their relationship with builders, by rebalancing the relationship to the benefit of project owners.

All approved Partners have signed the Charter of Ethics.

Article 5. Methods of processing the Project by the Provider

The Project is processed via a WhatsApp group and the File is stored on the Website within 48 working hours following the validation of the complete File.

Article 6. Validation of the Project by the electronic signature of the Client

When the Procedure requires it, the Customer is required to affix an electronic signature on the declaration of receipt of each document of the File. The signature by the Client of the form constitutes validation and acceptance by the Client of the File.

The validity of the electronic signature has been recognized since 2001 by law (article 1316-4 of the Civil Code).

Article 7. Acceptance of the TOS

7.1. Any person who accesses the Platform or any of its subdomains is deemed to have fully accepted the TOS of the Site and the Privacy Policy. Any acceptance with reservations is considered null and void.

7.2. Any Customer who does not agree to be bound by all or part of the TOS and/or the Privacy Policy shall not use the Site or the Services or, if applicable, shall immediately cease all use of the Site or the Services.

7.3. The TOS are accessible at any time by a direct link at the bottom of the home page of the Site and are printable.

Article 8. Modification of the GCS

8.1. RENOVATION PARTNER reserves the right to modify the GCS at any time. The Client shall be informed of any substantial modifications to the GST and/or the Privacy Policy by any useful means.

8.2. The Customer who does not accept the modified GTC and/or the Privacy Policy must cease all use of the Platform and/or the Services and immediately unsubscribe from the Platform and/or the Services in accordance with the terms and conditions set forth in Article 5.5.

8.3. Any User of the Website who continues to use the Platform and/or the Services after the entry into force of a modification of the TOS and/or the Privacy Policy is deemed to have accepted these modifications. We therefore invite you to visit this page regularly in order to take note of any changes to the TOS and/or the Privacy Policy.

Article 9. Opening a File

9.1. The use of part of the Site and the Services can be done without opening a File.

9.2 Nevertheless, certain Services require the creation of a File. To do so, the Client must fill in the form provided for this purpose on the Site. Certain information, identified as such, is mandatory in order to allow RENOVATION PARTNER to create a File, and in particular a valid email address and a cell phone number. Any incomplete or erroneous File will not be validated. RENOVATION PARTNER may be required to verify the validity of the information provided.

9.3. The Client guarantees the accuracy, updating and sincerity of all the information he provides on his File throughout the Project.

9.4. The Customer may access his Project Area at any time.

9.5. The Customer may close its File at any time, by sending a request to this effect to contact@renovation-partner.com. The closure is effective immediately. It leads to the automatic deletion of the Customer’s File.

Article 10. Prices of the Services and payments

10.1. Most of the Services available on the Site are provided to the User free of charge until the signature of a Quote. The price of the Services is indicated on the estimates and quotations and will only be due upon signature of the final estimate.
The price of the Services is based on the amount of the work, and corresponds to a percentage of the estimates in euro, with a minimum amount of 1,500 euros exclusive of tax.

10.2. In addition, if the Client wishes to obtain other services than those described, they will give rise to the issuance of a commercial proposal from RENOVATION PARTNER, the Lawyer, the Authorized Partners or the Builders of the work concerned, which must be expressly accepted by the Client.

10.3 Payments : RENOVATION PARTNER shall use through the Lawyer the service of CARPA, a banking system for securing payments of the Paris Bar Association, allowing payments to be made in total security.
Payments may be made by credit card, bank transfer or direct debit depending on the amounts involved. The terms and conditions of this system are available here.

Article 11. Right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the day of signing the Support Contract to exercise his right of withdrawal without giving any reason.

The customer can also withdraw from the work contracts

To exercise this right, the Client shall send to the Company RENOVATION PARTNER his decision to withdraw from the works contract, by means of a written and unambiguous declaration by e-mail. In case of withdrawal, under Article L221-14 of the Consumer Code, the Contractor of the work and the Company RENOVATION PARTNER shall reimburse the Client for all sums paid at the latest within fourteen (14) days from the date on which they are informed of the Client’s decision to withdraw.

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of services already executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the Customer and express renunciation of his right of withdrawal. Thus, if the Customer requests the performance of the work contract before the expiration of the withdrawal period, he waives his right of withdrawal on this service. Therefore, if the Customer wishes to start work before the end of the withdrawal period, he shall inform the Contractor with whom he has concluded the works contract. This request shall constitute an express waiver of the right of withdrawal.

If the Client nevertheless exercises his right of withdrawal from the contract whose execution has begun, at his express request, before the end of the withdrawal period, the Client shall pay to the Contractor of the work and to the Company RENOVATION PARTNER, in accordance with article L221-15 of the Consumer Code, an amount corresponding to the service provided until the communication of his decision to withdraw. This concerns in particular the orders of supplies that the Contractor of the work could have placed before being notified of the withdrawal.

Article 12. Obligations of the Customer

Without prejudice to the other obligations set forth herein, the Customer agrees to comply with the following obligations:

(i) The Customer undertakes, when using the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he/she is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that are incumbent upon him/her, where applicable, in relation to his/her use of the Services. RENOVATION PARTNER’s liability shall in no case be engaged in this respect.

(ii) The Client undertakes to use the Site, the Services and any information provided only for personal, non-commercial, non-profit and legal purposes.

(iii) The Customer is informed and accepts that the implementation of the Services offered by the Site requires most of the time that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

(iv) The Customer acknowledges that he/she has read on the Site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services and the results of the Services.

(v) The Customer is also solely responsible for the relations that he may establish with the other Users of the Site and/or with the Builders of the work and for the information that he communicates to them in the context of the Project. It is the Client’s responsibility to use appropriate caution and discretion in these relationships and communications. The Client further agrees that in its dealings with the Owners of the Work, it shall observe the usual rules of politeness and courtesy.

(vi) The Client undertakes to provide Renovation Partner with all the information necessary for the proper execution of the Services. More generally, the Client undertakes to actively cooperate with RENOVATION PARTNER for the proper execution of the present.

(vii) The Client acknowledges that the Services offer him an additional but not alternative solution to the means he already uses to achieve the same objective and that this solution shall not be a substitute for these other means.

(viii) The Customer must take the necessary measures to save by its own means the information and contents of its Project Space that it deems necessary, of which no copy will be provided.

Article 13. Penalties for the Client’s failures

In the event of a breach of any of the stipulations of these GCU or more generally, of an infringement of the laws and regulations in force by a User of the Site, RENOVATION PARTNER reserves the right to take any appropriate measure and notably to
suspend or terminate access to the Services of the User who is the author of the breach or infringement, or who has participated in it,
delete any content posted on the Site,
publish on the Site any information message that Renovation Partner deems useful,
notify any authority concerned,
initiate any legal action.

Article 14. Obligations of the Provider

14.1. RENOVATION PARTNER undertakes to provide the Services with diligence, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Clients expressly acknowledge and accept.

14.2. RENOVATION PARTNER undertakes to carry out regular checks to verify the functioning and accessibility of the Site. However, RENOVATION PARTNER does not guarantee that the Platform will be accessible permanently and without interruption. In this respect, RENOVATION PARTNER reserves the right to temporarily interrupt access to the Site for maintenance reasons.

Article 15. Responsibility of the Provider

15.1 RENOVATION PARTNER declines all responsibility in case of possible loss of information accessible in the Client’s Project Space, the latter having to save a copy and not being able to claim any compensation for this.

15.2. RENOVATION PARTNER does not guarantee to Clients (i) that the Platform and the Services will be free from errors, defects or faults, (ii) that the Services will specifically meet their needs and expectations.

15.3. RENOVATION PARTNER has taken out a legal protection from which you automatically benefit in the event of a dispute with a partner craftsman for any quotation signed via our Platform.
If a dispute between a Client and the Builder of the work should arise up to 3 months after delivery of the work, a dedicated lawyer will contact the Client to seek the most appropriate amicable or legal solution to the situation.

15.4. In any event, the liability that may be incurred by RENOVATION PARTNER under the present contract is expressly limited to direct damage suffered by the Client due to RENOVATION PARTNER.

Article 16. Limitation of liability of the Provider

16.1 The proper functioning of the Service implies the use of communication networks, as well as the intervention of various Partners. The Service Provider will do its utmost to ensure the continuous operation of this chain of participants, but shall not be held responsible for any failures or malfunctions thereof.

16.2 The questionnaires made available to the Customer by the Service Provider provide only information of a documentary nature and do not in any way constitute advice on the work to be done.
16.3 The Service Provider shall in no event be liable for any consequential damages, including, without limitation, damages for loss of profits, loss of data, loss of opportunity, or any action brought against the Customer by a third party.

As the Provider is not authorized to perform work, the Provider shall in no event be liable for any failure to perform work related to a dispute.

Article 17. Force majeure

The Provider shall not be liable for any failure to perform any of its obligations to the Customer if such failure is due to a force majeure event such as natural disasters, riots, wars, epidemics, acts of God, earthquakes, telecommunications malfunction.

In such a situation, the Provider shall inform the Customer of the impossibility of performance and the measures taken to remedy the situation.

Article 18. Use of the Site

The content of the Website, including the practical information sheets, can be consulted by Internet users for strictly personal, private use, freely for the free content.

Any re-use in a professional or commercial context or any marketing of this content to third parties is forbidden, except with the written agreement of the Provider.

Only the copy for private use is authorized for a personal, private and non-commercial use.

The use of the Website does not confer any right on its contents. All rights used or represented on the Website remain the exclusive property of the Provider and may not be reproduced, used, resold, marketed or used for any purpose other than personal use by Users, whether Customers or not, without the prior written consent of the Provider.

The Provider shall not be held responsible for any errors, interruptions, lack of availability of information and/or presence of viruses on its Website.

The Service Provider reserves the right to temporarily interrupt the Service, in particular for maintenance purposes. The Customer is informed that this situation may result in additional time in processing his request and sending mail.

Article 19: Management of personal data

The personal data collected on the Site are necessary for the management of the Project, as well as for billing.

The computerized registers are kept in the computer systems of the Provider in reasonable conditions of security as evidence of communications, orders and payments made by the Customer. Projects and invoices are archived on a reliable and durable medium. The Provider shall use all means to ensure the confidentiality of exchanges and transactions on the Internet.

The personal data collected on the Site result from the voluntary communication of the Users. In accordance with the French law ” Informatiques et Libertés ” n°78-17 of January 6, 1978 modified, the Customer has the right to access, modify, rectify and delete data concerning him/her at the following email address : contact@renovationpartner.com (See our Privacy Policy).

By agreeing to these GTC, the User accepts that his personal data may be collected and processed in the context of proper management, execution, processing and payment of the Project, by the Provider or its Partners.

The User is informed and accepts that the data collected may be subject to processing consisting of their anonymization for the purpose of research and development, in particular in the work allowing the elaboration of the estimate.

Article 20. Confidentiality

The Customer and the Provider agree to keep secret and confidential all information from the other Party. The Provider shall not use the Customer’s data other than for the purpose of the Service. The information provided by the Customer on the Website is strictly confidential and will not be advertised on the Website or any other medium.

Article 21. Transfer

The rights and obligations arising from the Customer’s Order on the Web Site may not be transferred to another person or entity without the Provider’s prior written consent.

Article 22. Severability – Interpretation

The fact that the Provider does not exercise, at any time, a prerogative recognized by these GTC shall in no way be interpreted as an express or tacit waiver of the right to exercise the said prerogative in the future.

The invalidity of one or more provisions of these TOS shall not affect the validity of the remainder of the agreement and any other provision.

Article 23. Applicable law

The law applicable to the relationship between the Provider and the Customer is French law.

The possible nullity of a clause of the present contract does not entail the nullity of all the clauses of the GTC. Furthermore, the temporary or permanent non-application of one or more clauses of the GTC by the Company shall not constitute a waiver of the other clauses of the GTC which shall continue to have effect.
For any complaint, the Customer may contact the customer service department at the address mentioned in Article 9 of these conditions.

In case of complaint not amicably resolved by the customer service, and in accordance with Article L. 612-1 of the Consumer Code, the Customer can resort free of charge to the mediation service CMAP, which the Service Provider belongs to, by electronic means:
http://www.cmap.fr/ or by post: CMAP (Service Médiation de la Consommation) – 39, avenue Franklin D.Roosevelt – 75008 PARIS