Terms and Conditions: Users
Terms & Conditions
Last updated: 14 February 2022
ARTICLE 1 – SCOPE
The general terms and conditions of use (hereinafter “Terms”) of the online platform MODERN METIER provided on the website www.modernmetier.com (hereinafter the “Platform”) govern all contractual relations between:
- On the one hand, Modern Metier SAS, a limited liability company with a capital of €2,000 whose registered office is situated at 20 Rue Meynadier, 75019, Paris (hereinafter “MODERN METIER”),
- On the other hand, any legal person or natural person of at least 18 years of age who wishes to discover, learn about or use the tools aimed at promoting on the Platform the sale of products by vendors (“hereinafter “Vendors”) as well as the profiles and services of professionals operating in the domains of architecture and interior design (hereinafter “Service Providers“), for personal use or in connection with their trade, business, craft or profession (hereinafter “Users“).
Vendors and Service Providers are jointly referred to as “Partners” (or “Partner”).
The purpose of the Terms is to define the conditions of use of the Platform by Users, the minimum conditions for the sale of products and services marketed on the Platform, as well as the conditions for promoting the services of Service Providers to Users. The conditions of use of the Platform by the Partners are governed by a separate general conditions of use that are also available on the Platform. Any use of the Platform by a User implies unreserved acceptance of the Terms in force, to the exclusion of any other condition that has not been previously and expressly accepted in writing by MODERN METIER. The fact that MODERN METIER does not avail itself of any stipulation of the Terms or of a right cannot be interpreted as a waiver to avail itself of it for the future. MODERN METIER reserves the right to modify the Terms at any time and invites Users to consult them regularly.
The Terms take precedence over any other contractual document, irrespective of form or medium. Nevertheless, it is expressly understood that any commercial partnership entered into by MODERN METIER and involving features and services not expressly included in the description of the Platform must be the subject of special conditions and/or a separate agreement.
ARTICLE 2 – DESCRIPTION OF THE PLATFORM
2.1 Listing of Vendors
The Platform managed by MODERN METIER allows Users access to products and services offered (hereinafter “Offers”) by Vendors selected by MODERN METIER, for the purpose of purchasing these products and services. MODERN METIER acts solely as an online platform operator connecting Users and Vendors within the meaning of Article L.111-7 of the Consumer Code. MODERN METIER therefore takes no part, of any nature whatsoever, in the transactions that are likely to be concluded between Users and Vendors via the Platform but offers to facilitate them through various appropriate tools offered on the Platform (selection, referencing and publishing of Offers, search engine, messaging, payment processing, etc.).
2.2 Listing of Service Providers
The Platform managed by MODERN METIER also references Service Providers, allows them to promote their architecture and interior architecture profiles and services to Users, through various promotional tools, such as content (photographs, images, texts, etc.) of architectural projects carried out by the Service Providers.
The Platform also allows Service Providers to offer their services to Users (hereinafter the “Offers”) and to manage the projects commissioned by Users via the Platform. MODERN METIER acts solely as an online platform operator connecting Service Providers and Users within the meaning of Article L.111-7 of the Consumer Code. MODERN METIER therefore takes no part, of any kind whatsoever, in the transactions that are likely to be concluded between Service Providers and Users via the Platform but offers to facilitate them through various appropriate tools offered on the Platform (selection, referencing and publishing of Service Providers, search engine, messaging, etc.).
2.3 Features for the benefit of Users
The Platform allows Users to carry out a targeted and cross-referenced search on the Platform using tags, categories or keywords previously defined by MODERN METIER. The Platform allows Platform Users to create a personal account (hereinafter “Registered Users”).
Each account created on the Platform allows Registered Users to benefit from certain functionalities (hereinafter “Features“), in particular purchasing certain products offered by certain Partners, requesting and validating quotes from Partners, selecting certain content and saving it to their dedicated personal space, to create and consult Project Files by filling in their needs following a questionnaire process, to contact Partners whose profile is most compatible with the information provided, etc.
ARTICLE 3 – USE OF THE PLATFORM AND OPENING OF ACCOUNT
Creation and use of User accounts: Any legal or natural person aged at least 18 who wishes to benefit from the Features offered by the Platform must first be registered with MODERN METIER. To do this, the User is invited to follow the procedure provided on the Platform and, in particular, to provide the required information (name, email address, etc.) and accept the Terms. The registration of a User becomes effective when he validates the opening of his account on the Platform by using the hypertext link sent to him by email at the end of the registration process. Once effective, the registration allows access by the Registered User to his personal space. Each Registered User guarantees that the information provided during registration is accurate and undertakes to update it regularly in order to guarantee its sincerity at all times and to provide all the supporting documents required by MODERN METIER, on first request. A single and unique account can be opened per User registered on the Platform. The Registered User undertakes to use his account on a personal, confidential and non-transferable basis. He is responsible for the consequences related to the loss or misappropriation of his account and undertakes to inform MODERN METIER immediately.
Free access: Opening an account on the Platform is free for Users.
Closure of User accounts: The Registered User may terminate their account at any time by accessing account settings and deactivating their account. MODERN METIER reserves the right to delete a User’s account if the User does not comply with the Terms. Once their account is deleted, the User will no longer have a dedicated personal space on the Platform and his content, registered projects will be permanently deleted. MODERN METIER undertakes to destroy all personal data relating to the User whose account has been deleted within 7 working days of termination.
ARTICLE 4 – PROMOTION OF PARTNERS’ SERVICES AND OFFERS
Promotion of the offer of products and services: Partners use the Platform to promote their product and service offers to Users. To this end, Partners undertake to comply with all applicable regulations. Partners also undertake that the promotional tools faithfully reflect the products and services that may be offered to Users.
Selection of Proposed Partners: Partners’ profiles presented to Users on the Platform are listed by category and are sorted according to the needs provided by Registered Users (nature of products or services, budget, colour, material etc.).
Characteristics of the Offers: The Offers transmitted by the Partners to the Users via the communication tool of the Platform or outside of the Platform comply with the French regulations in force. If necessary, Registered Users are invited to contact MODERN METIER’s customer service or the Partner, via the messaging tool set up on the Platform, to obtain any useful information.
4.1 Characteristics of Vendors’ Offers
Presentation of Vendors’ Offers: The Offers marketed by Vendors on the Platform are presented with accuracy (identity of the Partner, product descriptions and technical sheets, photos, delivery times, etc.) via a space reserved for this purpose which allows Vendors to comply with public order obligations governing selling online to consumers and, in particular, article L.221-5 of the Consumer Code. The offers clearly indicate the mutual obligations of each party.
Payment: Payment for Offers is made via the Platform.
Free fixing of prices: Vendors freely set the price of the Offers they publish via the Platform. This price is mentioned in euros, excluding taxes or all French taxes included (French VAT and other applicable taxes). The Offers are invoiced on the basis of the rates in force at the time of validation of the order.
Abnormally low price: In the event that an abnormally low price is indicated on the Marketplace due to a technical or human error, MODERN METIER reserves the right to ask the User to supplement the price already paid or to allow them to cancel them order with reimbursement of all sums already paid.
Inventory management: The Offers are marketed on the Platform within the limits of available stocks. In case of exhaustion of stocks, the Seller undertakes to indicate it clearly on the space reserved for this purpose and/or to make it impossible to purchase the Offer concerned. Despite all the precautions taken, it may exceptionally be that an Offer ordered is no longer available. In such a case, the Seller undertakes to immediately inform MODERN METIER and the User which, if necessary, will result in the reimbursement of all sums paid by the User.
4.2 Characteristics of Service Provider Offerings
The Offers issued by the Service Providers to the Users via the Platform are detailed and clearly indicate the mutual obligations of each.
Free fixing of prices: Service Providers freely set the price of the Offers they offer via the Platform. This price is mentioned in euros, excluding taxes or all French taxes included (French VAT and other applicable taxes), and is broken down according to the nature of the services and work offered to the User. In the event of a project ordered via the Platform requiring work, the price of the Offer must include the estimated amount corresponding to this work, in addition to the amount of the Member’s fees.
This price may be subject to free negotiation between Members and Users.
Discussion and conclusion of the Offers: From his personal space, the Registered User has the possibility of communicating with the Service Provider issuing the Offer and discussing the content and the price thereof. The Platform provides the Registered User with an option to accept this Offer from their personal space and to sign this Offer electronically. Before this acceptance, the Registered User is reminded that it has contractual value and obliges the Registered User to respect his obligations vis-à-vis the Member, in particular the payment of the price of the provision of services. . A confirmation message summarizing the essential characteristics of the Offer is then sent to him (failing this, the User is invited to contact MODERN METIER customer service or the Member).
Payment: No payment is made via the Platform. This payment is made directly between the User and the Service Provider.
ARTICLE 5 – DELIVERY OF OFFERS FROM VENDORS
Confirmation of orders by the Vendors: The Vendors undertake to confirm without delay the orders they receive from Users. In the event of absence or unavailability for more than 48 hours, Vendors benefit from the possibility of temporarily suspending the posting of their Offers online by using the procedure provided for this purpose on the Platform.
Delivery of Offers by the Vendors: The Vendors themselves define the delivery methods, deadlines and costs of the Offers that they offer for sale on the Platform. This information is communicated by the Vendors to the Users when they place an order, in compliance with the rules of public order provided for by the Consumer Code. If the delivery times are given for information only, the Vendors are however requested to make every effort to comply with them.
Late delivery: In the event of late delivery, the User may cancel their order, by registered letter with acknowledgment of receipt or in writing on another durable medium addressed to the Seller, if, after having instructed the Seller according to the same terms to make delivery or provide service within a reasonable additional time, Seller has failed to perform within such time. In such a case, the order will be considered canceled upon receipt by the Seller of the letter or writing informing it of this cancellation, unless the Seller has complied in the meantime. In the event of cancellation of an order in the aforementioned forms, the User will be reimbursed for all sums paid, no later than 14 days following the date of cancellation. Any delivery is accompanied by a delivery note, the withdrawal form, as well as an invoice allowing, in particular, the User to be able to exercise his guarantees.
ARTICLE 6 – RIGHT OF WITHDRAWAL AND GUARANTEES
Users’ right of withdrawal: To exercise their right of withdrawal, Users are invited, before the expiry of the period of 14 days from receipt of the delivery, to notify their decision to withdraw to the Seller and to MODERN METIER by means of an unambiguous statement (eg letter sent by post, email, etc.), using the form provided to them, where applicable. Where provided, Users can also use the Seller’s online procedure (an acknowledgment of receipt is sent without delay by the Seller). After having exercised their right of withdrawal, Users are invited to return the property concerned by post to the Seller, in its original packaging and in perfect condition for resale (undamaged, damaged or soiled), accompanied by all its accessories, of the purchase invoice and the return form issued by the Seller, without undue delay and at the latest 14 days after having communicated to the Seller their decision to withdraw. This deadline is deemed to have been respected if the goods are returned before the expiry of this deadline.
Unless otherwise stipulated, the costs and risks associated with the return are the sole responsibility of the Users. In the event of withdrawal, all payments received, including delivery costs (except for additional costs arising from the fact that the User has chosen a delivery method other than the less expensive method offered by the Seller) will be reimbursed by MODERN METIER to the User without undue delay and at the latest 14 days from the day on which the Seller was informed of the decision to withdraw (the reimbursement may be deferred until the Seller has received the goods concerned or until the User has provided proof of shipment of the goods, the date retained being that of the first of these facts). This reimbursement will not incur any costs for the User. In the event that a User has requested to benefit from a provision of services during the withdrawal period, he will be required to pay the Seller an amount proportional to what will have been provided until the moment when he has informed the Seller of its withdrawal, in relation to all the services concerned. Furthermore, the responsibility of Users who exercise their right of withdrawal can only be engaged with regard to the depreciation of the property concerned resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the property.
Legal and commercial guarantees owed by the Vendors: All products, tangible movable property, sold on the Platform by the Vendors benefit from the legal guarantee of conformity and the legal guarantee against hidden defects under the conditions of articles L.217-4 and following of the Consumer Code and 1641 of the Civil Code as well as, where applicable, the manufacturer’s contractual warranty. In case of non-conformity or hidden defect of the product, the User is required to address his complaint to the Seller using the messaging tool provided on the Platform or another communication channel suggested by the Seller. Users can contact MODERN METIER’s customer service to obtain the Seller’s contact details. Returned products must imperatively be accompanied by all their accessories, the purchase invoice, the return form issued by the Seller, perfectly protected and sent by post, at the risk and peril of the User, to the address provided by the Seller. The exercise of these guarantees takes place at no cost to the User, in accordance with article L.217-11 of the Consumer Code, on the condition, however, that the latter is entitled to request the benefit of these guarantees. Thus, depending on the evidence provided by the User to the Seller within the framework of the exercise of one of these guarantees, the Seller undertakes to issue a prepaid voucher which will allow the User to return the product without having to bear the costs. The commercial guarantee means any contractual commitment of a professional towards a consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good, in addition to his legal obligations aimed at guaranteeing conformity of the good. When they exist, these commercial guarantees are only granted by the Vendors and notified to the Users directly on the description sheet of the product concerned.
Disputes between Vendors and Users: In the event of a complaint and/or dispute relating, in any way, to the relationship between a User and a Seller (delay in delivery, non-payment, non-compliance of a product, etc. ), the Seller and the User concerned are invited to get in touch by any means, in particular via the communication tool set up on the Platform, in order to find an amicable solution. Independently of the mediation clause provided for in the general conditions of use of the Platform by Users, the Vendors undertake to inform Users, under the conditions provided for by the regulations, of the possibility they have of using the services of the consumer mediator with which they are affiliated and the procedures for referral to this mediator.
ARTICLE 7 – OBLIGATIONS OF USERS
Compliance with the regulations and conditions of use of the Platform by Users: Users undertake to comply with all applicable regulations and not to infringe the rights of third parties (e.g. infringement of intellectual property rights , etc). Users undertake to comply with all the stipulations provided for in these Terms. Each Registered User guarantees that the information provided during registration is accurate and undertakes to update it regularly in order to guarantee its sincerity at all times.
Evaluation of Partners: After delivery of the products and services ordered via the Platform, the User is invited to evaluate the Partner according to predefined criteria. On this occasion, the User also has the possibility of leaving a written comment. MODERN METIER ensures control of these ratings and comments and retains the possibility of making them visible on the Platform, but also of deleting without notice any rating or comment whose content has been reported to it as illegal. The evaluations left by the Users are dated, nominative, private and made visible to any visitor to the Platform at the discretion of MODERN METIER.
ARTICLE 8 – OBLIGATIONS OF MODERN METIER
General: In general, MODERN METIER undertakes to make its best efforts to ensure that the Platform and all the Functions offered on the Platform operate as efficiently as possible (referencing and scheduling of Partners, search engine , communication spaces).
User Orders: Exceptionally, MODERN METIER reserves the right to suspend an order and to ask a User for any useful additional information in order to guarantee the absence of fraudulent use of a means of payment. MODERN METIER also reserves the right to cancel or refuse any order from a User with whom there is a dispute relating to the payment of a previous order.
Technical limitations: The Platform is accessible 24 hours a day to any Partner with Internet access, subject to force majeure and maintenance periods. MODERN METIER undertakes to use all reasonable means at its disposal to provide the Partner with quality access to the Platform. Nevertheless, MODERN METIER reserves the right to interrupt access to the Platform for maintenance purposes or for any other reason it deems necessary, without this suspension entailing liability or the right to compensation for the User. .
If a technical problem makes it impossible to access or use the Platform, MODERN METIER undertakes to make its best efforts to implement all the technical solutions at its disposal so that access is restored. In the event of a problem related to the use of the Platform, Users are invited to contact MODERN METIER directly by using the contact procedure provided for this purpose on the Platform and/or by telephone at +33 (0)6.49 .49.90.62 (Monday to Friday from 9:30 a.m. to 6 p.m.) and/or by email by writing to email@example.com.
The User is solely responsible for the proper functioning of the computer equipment that allows him to access the Platform. Under no circumstances will MODERN METIER be liable for any damage that may occur to the Partner’s computer system and/or loss of data resulting from the Partner’s use of the Platform.
ARTICLE 9 – INTELLECTUAL PROPERTY
Website: The Platform constituted by MODERN METIER, as well as the categories, tags or keywords defined by MODERN METIER are original works requiring editorial work and significant investment and protected as such by copyright and database producers. Any unauthorized reproduction or imitation, in any way whatsoever, will expose the counterfeiter to an action based on the violation of the intellectual property rights of MODERN METIER, without prejudice to any action for unfair competition or parasitism.
All data on the Platform is collected, structured and classified by MODERN METIER, which constantly checks and updates it. As such, MODERN METIER benefits from the protection granted to database producers by article L341-1 of the Intellectual Property Code. Consequently, any extraction or reuse, by any process whatsoever, of all or part of the database contained on the Platform is strictly prohibited and may be subject to prosecution. The User who has a personal website and who wishes to place a hypertext link on this site referring directly to the Platform must request the prior written authorization of MODERN METIER. In any case, any link, whether authorized or not, will be immediately removed upon written request from MODERN METIER.
Content: All content on the Platform is protected by copyright. MODERN METIER has been validly authorized by the rightholders concerned to use this content within the framework of the use of the Platform in accordance with the Terms. For this reason, any reproduction, representation, adaptation, translation and/or transformation, partial or complete, of these contents, by any means whatsoever, without the prior written authorization of their beneficiaries, is strictly prohibited. Copies for private use would constitute an infringement sanctioned in particular by articles L. 335-2 and following of the Intellectual Property Code and would engage the responsibility of their author.
Trademarks: All trademarks registered on the Platform are trademarks registered (i) by MODERN METIER, or (ii) by a Partner or any other third party who has expressly authorized MODERN METIER to use them for the purposes of the Functions and services offered by the Platform. Any reproduction or total or partial use of these trademarks without the prior written authorization of the holder constitutes acts of counterfeiting and, where applicable, unfair competition, liable to prosecution.
Graphic design: All elements relating to the Platform (model, graphic charter, interfaces, tags, database structure, categories, etc.) including the underlying computer code are the exclusive property of MODERN METIER. The intellectual property rights attached to the Platform and each of the elements created for it are the exclusive property of MODERN METIER, which does not grant any right other than that of consulting the Platform and using it in accordance with the Terms. The reproduction, representation and/or modification of any page or content on the Platform is strictly prohibited.
ARTICLE 9 – PROTECTION OF PERSONAL DATA AND COOKIES
MODERN METIER strives to protect the privacy of Users of the www.modernmetier.com Platform in accordance with the French regulations in force. The information collected during the User’s visits to the Platform and during registration is subject to computer processing declared to the CNIL. MODERN METIER does not collect any information concerning the User without their knowledge and consent. To be able to create an account, the User must provide identification data.
The personal data collected is necessary to process and manage registrations. They are subject to computer processing. They also allow, depending on the choices made by the User when applying for registration, the sending by MODERN METIER of a newsletter. If the User no longer wishes, he may request it at any time by writing to the following email or postal addresses: firstname.lastname@example.org.
To become a User of the Platform, the User must provide information. Information marked with an asterisk is required for registration. In their absence, MODERN METIER will not be able to process the User’s registration request. The other information is intended to get to know the User better and is therefore optional. The User is free not to respond.
The personal data collected is intended for MODERN METIER, responsible for its processing. This data may also be transmitted to MODERN METIER service providers who contribute to the management of the website and its database, all subject to a non-disclosure obligation. This data will not be transmitted to third parties for advertising and prospecting purposes. Similarly, MODERN METIER will not sell or rent any information or personal data transmitted by the User without his express and prior agreement.
The information thus collected is kept in a secure place and only authorized employees can access it. Electronic backup procedures for data collected on the Platform are also in place, in accordance with French legislation on personal data.
The personal data collected is not kept beyond 7 working days following the termination of the User’s registration on the Platform, with the exception of the surnames, first names and e-mail addresses of the only Users who have expressly accepted to receive the MODERN BUSINESS newsletter. These data alone are then kept as long as the User has not requested their deletion from MODERN METIER and in any case for a period not exceeding 3 years from their collection.
In accordance with the law “Informatique et Libertés” of January 6, 1978, the User has a general right of access, rectification and deletion of all personal data concerning him. He also has the right to object, for legitimate reasons, to the processing of this data. These rights can be exercised at any time by email addressed to email@example.com. The User must prove his identity by attaching to his request a copy of his identity document and indicate in his email or mail, his name and first name.
Cookies: When a User visits the Platform, information relating to his browsing may be stored in text files called “cookies” placed on his terminal (computer, mobile or tablet), subject to his choices concerning cookies that can be modified at any time. moment. Only the issuer of a cookie can read or modify the information it contains. These cookies are issued by MODERN METIER in order to identify the Features and sections that the User has visited, and more generally his behavior vis-à-vis the visits. Third-party cookies may also be placed to identify the Features consulted on the Platform and thus compile statistics. These cookies allow MODERN METIER to know the use and performance of the website, to establish statistics, volumes of use and use of the various elements of the Platform (content visited, routes) allowing it to improve the interest and ergonomics of the Features (the most consulted pages or sections, etc.), to stay connected, provide better content based on geolocation and save the User’s preferences.
Finally, the IP addresses relating to the consultations carried out by the User on the Platform are collected and stored for the establishment of statistics, after having been anonymized.
For more information, the User can consult the CNIL website www.cnil.fr.
Interaction with social networks: Finally, the Platform www.modernmetier.com uses third-party computer applications that allow the User to share the content of the Platform with other people or to let them know his opinion on this content. This is particularly the case with the “Share” and “Like” buttons from social networks (Facebook, Twitter, etc.). When the User visits a page of the Platform containing this type of button, his browser establishes a direct connection with the servers of the social network and if he is connected to the social network during his navigation, the buttons of the application make it possible to link the pages consulted to his account on the social network; if he interacts by means of plug-ins, for example by clicking on the “Like” button or by leaving a comment, the corresponding information will be transmitted to the social network and published on his account on the social network.
If the User does not want the social network to link the information collected via the Platform to his account on the social network, he must disconnect from the social network before visiting the Platform. The User is invited to consult the privacy policies of these social networks to know the purpose of use, including advertising, the navigation information that he may collect via these application buttons.
ARTICLE 10 – LIABILITY – APPLICABLE LAW – JURISDICTION
Responsibility: As an online platform operator linking Partners and Users within the meaning of Article L.111-7 of the Consumer Code, MODERN METIER takes no part, of any kind whatsoever, to the transactions that are likely to be concluded between the Partners and the Users of the Platform. In particular, all the information provided by the Partners and Users on the Platform is the sole responsibility of their authors, even if MODERN METIER has carried out checks of any kind whatsoever. For these reasons, MODERN METIER cannot be held liable for (i) the formation, conclusion, execution or termination of transactions carried out due to the intermediation role of the Platform and their consequences or (ii) any dispute relating, in any way, to the relationship between a Partner and a User. Consequently, any dispute concerning the relationship between a Partner and a User must be resolved directly between the latter.
Furthermore, MODERN METIER cannot be held liable in the event of unavailability of all or part of the Platform.
Failure by a User to comply with the obligations provided for in the Terms may result in the temporary or permanent suspension of access to the Platform, without delay or notice and without prejudice to any damages that MODERN METIER may request. The User is solely responsible for the use he makes of the Platform and undertakes to guarantee, on first request, indemnify and compensate MODERN METIER for any damage, direct or indirect, that MODERN METIER could suffer if its responsibility were put in question due to the use of the Platform by the User.
Applicable law: The Terms are fully governed by French law.
Customer service: At any time, Users can contact MODERN METIER customer service by using the contact form offered online on the Platform and/or by telephone at +33 (0)220.127.116.11.62 (Monday to Friday from 9:30 a.m. to 6 p.m.) and/or by email by writing to firstname.lastname@example.org.
Mediation: In the event that a dispute could not have been previously resolved directly between MODERN METIER and a User, the latter undertake to favor a mediation process. The User is informed that he has the right to have recourse to a consumer mediator with a view to the amicable resolution of his dispute.
Applicable law: The Terms are fully governed by French law.