Terms and Conditions of Sales
 
Presentation
The website www.hello-archi.com is owned by Hello Archi, a company registered with the RCS and the companies of Bordeaux under the number "in progress" and whose registered office is located at "5, allée de Tourny 33000 Bordeaux".
The Company can be contacted through its website.
The website www.hello-archi.com is a web platform offering users of the site online services "Marketplace" to carry out construction, renovation, and any other architectural project.
The company aims to transform and improve the approach of individuals and professionals regarding architecture. www.hello-archi.com is an information and e-commerce site open to any user of the internet network.
The User must, at each of his visits to the Site, comply with these General Conditions of Use and Sales without any reservation.
Definitions "Lexicon"

For the purposes of these general terms and conditions of sale, the following terms and expressions have the following definition:

TCs: These general terms and conditions of sale.

PTCs: Specific general terms and conditions of sale.

TCUs: General terms and conditions of use.

Site: Refers to the web platform www.hello-archi.com that lists all the pages and services offered by the company Hello Archi through which project holders and architects can exchange information and documents with each other.

Company: Refers to Hello Archi, a company registered with the RCS of Bordeaux under the number "en cours", whose registered office is located at "1, allée de Tourny 33000 Bordeaux".

Client: Any natural or legal person who is a consumer within the meaning of consumer law, subscribing to the Provider's Services on the Site.

User: Any natural or legal person using the site and its online services who has registered in order to carry out an architectural Project, as a Project Holder, Designer, or Company.

Visitor: Any natural person browsing the pages of the Site without registering or using the Site's Services.

Project Holder: Any natural or legal person wishing to receive assistance for a construction Project and who has registered on the Site.

Project Initiator: Another term for Project Holder.

Designer: Any individual or legal entity practicing the profession of Architect, Interior Designer, Landscaper, Designer or any other profession related to design, exterior and/or interior layout, who has registered on the Site.

Architect: Any individual and/or legal entity practicing the profession of architect, selected by the Company and/or having registered on the Site in this capacity, designating the service providers and building professionals.

Registered Architect: An architect who has chosen the Pro offer, whose identity, legal status, and insurance have been expressly verified by the Company.

Company: Any individual and/or legal entity operating in the building industry, who has registered on the Site as a professional.

Services: Refers to all services provided by the Company to a user.

Challenge: The tendering process through which a user can request assistance and/or the transmission of technical and budgetary proposals from other users of the Site.

Design Challenge: The submission of a tender by a project holder requesting assistance on a project on the Site, giving designers and companies registered on the Site the opportunity to submit a proposal for support and fees in compliance with the terms and conditions of these T&Cs.

Construction Challenge:The submission of a tender by a designer who has registered a construction project, in order to receive technical and budgetary proposals from companies or clients, under the terms and conditions of these T&Cs.
Free Basic Offer: Refers to the services that any user registered on the Site as a project holder, designer, or company can benefit from, in accordance with these T&Cs. Details can be found in Article 2.2.1 of these T&Cs.
Pro Offer: Refers to the services that any designer or company registered on the Site can benefit from. Details can be found in Article 2.2.2 of these T&Cs.
Business Offer: Refers to the services that any designer or company registered on the Site can benefit from. Details can be found in Article 2.2.3 of these T&Cs.
Personal data: Refers to personal data voluntarily provided by Users of the Site to the Company through the website during registration to access the Services.
Personal Space: Refers to a dedicated location on the Site allowing a User to manage their use of the services offered by the Company on the Site.
Parties: Refers to the User and the Company together.
Payment Services: Refer to the payment service offered by the Site through our banking partner.

Article 1: Description of Services

The pages of the Site can be freely and without obligation consulted by Visitors. They can become familiar with the different "Services" offered by the Company.

The Services offered free of charge and/or for sale by the Company are presented on the Site on the day Visitors or Users consult it.

Any service offered by the Company through the Site, free of charge and/or for sale, is subject to a description presenting its essential characteristics in accordance with Article L.111-1 of the French Consumer Code.

1.1 Connection with Architects and/or Professionals

The Company wishes to facilitate the connection of Users registered on the Site, that is, Project Initiators, Designers, or Companies.

1.2 Service not provided by the Company

The Company is not a general contractor and does not have the quality of legal, tax, or insurance advisor or agent, and therefore does not perform any services related to these qualities.

The Company is not a party to the contract concluded between Users.

The Company's activity is limited to a mission of connection and support throughout the Project. This connection constituted by the Services offered by the Company relies on the tools available on the Platform. Any User declares having assessed the adequacy of the Services to their needs with the help of a qualified person to advise them if necessary.

Article 2: Offers and Prices

The Company offers services to any User of the site, Project Holder, Designer, Companies, subject to the present General Terms and Conditions of Use and Sales.

The paid Services offered by the Company under these GTCs are provided at the rates of the Company on the day of subscription to these Services. Unless otherwise stated, the prices are net and inclusive of all taxes (VAT included).

Therefore, any tax, duty or other charge to be paid is the responsibility of the User in accordance with French law or regulations in force.

The paid Services of the Company are all paid inclusive of all taxes (VAT included).

The Company reserves the right, at its sole discretion and according to the provisions for which it alone shall judge, to propose price reductions or promotional offers.

2.1 Rates for Project Holders

The Services offered by the Company through the Site to Project Holders are strictly free and are detailed in Article 1 of these GTCs.

2.2 Rates for Designers and Companies

The rates offered by the Company to Designers and Companies relate to Article 1.1 of these GTCs, which essentially involves connecting Designers with Project Initiators and/or Companies.

The connection of Site Users is done under the conditions described in the Terms of Use.

2.2.1 Free Basic Offer for Designers

Any Visitor has the possibility to register as a Designer, subject to meeting the eligibility conditions relating to these types of Users. They can benefit from services in the form of a Basic Offer.

2.2.1.1 Subscription to the Basic Offer

Any Designer wishing to subscribe to the Basic Offer must access the subscription page available on the Site and choose "Basic Offer".

2.2.1.2 Duration of the Basic Offer

The Basic Offer lasts one (1) month. The Offer will be automatically renewed for an indefinite period after a period of one (1) month from the date of subscription to the Offer.

The payment of these amounts to the Company may occur at the time of payment of the services by the Project Holder to the Designer or by the Project Holder to the Company through the payment service, under the conditions and terms detailed in article 3.2 of these terms and conditions.

-        Seven percent excluding taxes (7% HT) of the Designer's fee amount agreed upon in the contract in case the fees are equal to more than three thousand five hundred euros excluding taxes (3500€ HT).

-        Two hundred and fifty euros excluding taxes (250€ HT) of the Designer's fee amount provided in the contract in case said fees are between one thousand five hundred euros excluding taxes (1500€ HT) and more and less than three thousand five hundred euros excluding taxes (3500€ HT).
-        One hundred and fifty euros excluding taxes (150€ HT) of the Designer's fee amount provided in the contract in case said fees are less than one thousand five hundred euros excluding taxes (1500€ HT).

2.2.2 Pro Offer

Any Visitor has the possibility to register as a Designer, subject to meeting the eligibility criteria relating to these types of Users. They may benefit from services in the form of a paid offer called "Pro Offer".

2.2.2.1 Subscription to the Pro Offer

Any Designer wishing to subscribe to the Pro Offer must access the subscription page available on the Site and choose "Pro Offer" and enter payment information.
A free trial period of seven (7) days is offered to any Designer subscribing to "Pro Offer" for the first time.
If no termination is made beyond this period of seven (7) days, the Pro Offer is automatically renewed for a period of one (1) month and immediately results in its Secure payment by credit card, after the information entered when subscribing to the Pro Offer. The Pro Offer is forty-nine euros excluding taxes (49€ HT) per month.

2.2.2.2 Duration of the Pro Offer

The Pro Offer lasts one (1) month. The Offer will be automatically renewed indefinitely after a period of one (1) month from the date of subscription to the Offer.

The monthly payment of the Pro Offer will be automatically paid to the Company by secure payment on the subscription anniversary date using the information provided when subscribing to the Pro Offer, unless terminated under the conditions detailed in Article 4 of these T&Cs.

2.2.2.3 Company's Remuneration for Connection Services

Payment of these amounts to the Company may occur when the Project Owner pays for the services to the Designer, or when the Project Owner pays the Company through the payment service, under the conditions and terms detailed in Article 3.2 of these T&Cs.

T&Cs.

  • Seven percent (7% ex. VAT) of the amount of Designer fees agreed in the contract where the fees are equal to more than three thousand five hundred euros ex. VAT (€3,500 ex. VAT).
  • Two hundred fifty euros ex. VAT (€250 ex. VAT) of the Designer fees stipulated in the contract where said fees are between one thousand five hundred euros ex. VAT (€1,500 ex. VAT) and less than three thousand five hundred euros ex. VAT (€3,500 ex. VAT).
  • One hundred fifty euros ex. VAT (€150 ex. VAT) of the Designer fees stipulated in the contract where said fees are less than one thousand five hundred ex. VAT (€1,500 ex. VAT).

2.2.3 Business Offer

Any Visitor can register as a Designer, subject to meeting the eligibility conditions relating to these types of Users. They may benefit from the services in the form of a paid offer called the "Business Offer."

If no termination is made beyond this seven (7) day period, the Business Offer will automatically be renewed for a period of one (1) year and will result in its immediate secure payment by credit card, based on the information provided at the time of subscription to the Business Offer. The Business Offer is eighty-nine euros ex. VAT (€89 ex. VAT) per month.

2.2.3.1 Subscription to the Business Offer

Any Designer wishing to subscribe to the Business Offer must access the subscription page available on the Site and choose the "Business Offer" and insert payment information.

Un essai gratuit de sept (7) jours est offert à tout Concepteur souscrivant à « Offre Business » pour la première fois.

2.2.3.2 Duration of the Business Offer

The Business Offer lasts for one (1) year. The Offer will be automatically renewed for an indefinite period after one (1) year from the subscription date to the Offer.

The monthly payment of the Business Offer will be automatically settled to the Company by secure payment on the subscription anniversary date using the information provided when subscribing to the Business Offer, unless terminated under the conditions detailed in article 4 of these Terms and Conditions. The Business Offer is priced at eighty-nine euros excluding taxes (€89 HT) per month.

2.2.3.3 Company Compensation for Matching Services

Payment of these amounts to the Company may occur at the time of payment of the services by the Project Holder to the Designer or by the Project Holder to the Company through the Payment Service, under the conditions and terms detailed in article 3.2 of these Terms and Conditions.

-Five percent excluding taxes (7% HT) of the Designer's fees agreed upon in the contract in case the fees are equal to more than three thousand five hundred euros excluding taxes (€3500 HT).

-Two hundred and fifty euros excluding taxes (€250 HT) of the Designer's fees provided in the contract in case the fees are between one thousand five hundred euros excluding taxes (€1500 HT) and more and less than three thousand five hundred euros excluding taxes (€3500 HT).

-One hundred and fifty euros excluding taxes (€150 HT) of the Designer's fees provided in the contract in case the fees are less than one thousand five hundred euros excluding taxes (€1500 HT).

 

2.4 Company Compensation in the Context of a Matching between a Designer and/or Project Holder with a Company

The Company's compensation applies to any contract signed between a Project Holder and/or a Designer with a Company, regardless of the Offer to which the Designer has subscribed (Basic Offer or Pro Offer or Business Offer).

As of the signing of a contract between the Designer and the Project Holder for the completion of work, any Company expressly agrees to pay the Company a commission equal to five percent excluding taxes (5% HT) of the net amount of the agreed work.

Any additional contract signed between the Designer or the Project Holder and the Company within a period of three (3) years must be reported to the Company for compensation.

Article 3: Invoicing and Payment

3.1 Invoicing

The company's invoices are available electronically in PDF format, which Site Users clearly approve of. To read this file format, the User is invited to use compatible software of their choice.

Only the Invoices issued by the Company in the perspective of billing the remuneration due by the Designers to the Company on their fees are sent to them by email.

Any User who has subscribed to the Pro Offer will receive a personal invoice issued when subscribing to said offer and with any new payment to this Offer or its renewal.

Any reminder for unpaid invoices will be invoiced at 40 € exclusive of tax to the User.

3.2 Payment via the Payment Service

3.2.1 Payment between Users concerning Call for Bids (Works Challenge, Design Challenge):

The Company offers the use of the Payment Service to settle payments between Users and redistribute them to Users who benefit from said payment, after deduction of its commission.

The payment service provider complies with platform payment regulations.

The first installment must be launched imperatively by the Designer to the Project Owner who must then make the payment through the Payment Service.

The use of the Payment Service is governed by the General Terms and Conditions of Use, financial conditions, and personal data usage conditions detailed at the following address:

https://www.stancer.com/fr/politique-de-confidentialite

Any registration on the Site constitutes consent to the general terms and conditions of use of the Payment Service provider.

Therefore, the Payment Service is authorized to manage all transactions between Users and to deduct from said transactions the amounts due to the Company for the services provided.

The Company will receive a commission for payments made through the Payment Service:

  • One percent (1%) of the payment amount from Project Initiators (not registered on the site) to Designers (without any additional fees for Project Initiators) for Service fees.
  • In the case of connecting a Designer with a Project Owner (the above commission is not applicable).
  • In the case of connecting a Designer and/or a Project Owner with a Company (the above commission is not applicable).

The Company is not responsible for the acts or omissions of Users when using the Payment Service, nor for delays in payment of funds by the Payment Service Provider.

3.2.2 Monthly Payment of the Pro Offer

Payment is made monthly to the Company by secure payment, by bank card after the information entered at the time of subscribing to the Pro Offer.

3.2.3 Late payment

As stated in article 3.2.2, the amount due for subscribing to the Pro Offer will be paid by secure payment by bank card using the information entered at the time of subscribing to the Pro Offer, payments will be made:

  • For the first time on the day after the 7-day free trial (hereinafter the monthly anniversary date)
  • Every month, on the anniversary date.

In case of payment failure, three payment attempts will be initiated by the Company within 7 days following the Anniversary Date. At each payment attempt, the User will be notified by email of the payment failure.

After 7 days and payment attempts, payment has failed, the Services provided to the User under the Pro Offer will be suspended by the Company. The User will have to subscribe again to the Pro Offer if he/she wishes to benefit from these Services, however, he/she will no longer have access to the seven-day free trial.

Article 4: Termination

4.1 Termination by a Project Owner

Any Project Owner who wishes to terminate the use of the Company's Services through the Site has the unilateral right to request the deletion of his/her account.

A written request must be sent to the Company in such a case by the Project Owner. The request must be sent to the contact email address specified in these T&Cs.

The account will be deleted after the closure of all the Project Initiator's files on the Site.

4.2 Termination by a User using the Free Offer

Any User who wishes to terminate the use of the Company's Services through the Site has the unilateral right to request the deletion of his/her account.

A written request must be sent to the Company in such a case by the User. The request must be sent to the contact email address specified in these T&Cs.

The account will be deleted after the closure of all the User's files on the Site.

4.2 Termination by a User using the Free Offer

Any User who wishes to terminate the use of the Company's Services through the Site has the unilateral right to request the deletion of their account.

A written request must be addressed to the Company in such a case by the User. The request must be addressed to the contact email address specified in these T&C.

The account will be deleted after the closure of all the User's files on the Site.

4.3 Termination by a User using the Pro Offer

Any User who has subscribed to a Pro Offer and wishes to terminate the use of the Company's Services through the Site has the unilateral right to terminate the Pro Offer to which they have subscribed.

The User may terminate their subscription at any time and without reason and without a minimum commitment period, termination is possible up to 24 hours before the renewal date (technical deadline for sending data of the debit to the secure payment provider).

Termination of the Pro Offer is possible via the "Terminate my subscription" link available in the Subscription Management menu in the User's Personal Space on the Site.

Termination will be effective at the end of the current subscription period, and no refund of the amounts already paid will be made.

Article 5: Intellectual Property

The trademark "Hello Archi" is registered with the INPI by the Company under number "in progress".

The Site in its entirety, including each of its elements taken separately (texts, images, logos, etc.), is governed by French and international legislation on copyright and intellectual property.

Any acts of reproduction, dissemination, or use of the elements of the Site in whole or in part, without the Company's authorization, are strictly prohibited and may result in legal action.

No use of the name of the Brand may be made without written consent from the Company.

Article 6: Right of withdrawal

These General Terms and Conditions establish the applicable conditions for online services provided by the Company. They constitute a distance sales contract in the event of the purchase of a Service. The regulations concerning distance contracts from the Consumer Code are not applicable if:

- in accordance with the Consumer Code, the right of withdrawal does not apply if the Services are strictly reserved for Professional clients in the context of their commercial, liberal, industrial, artisanal or agricultural activity, also in the case where they act on behalf of another Professional. This applies to Designers who have chosen the Pro Offer.

- Services that may be intended for non-Professionals are provided to Project Initiators.

The Services provided by the Company are exclusively free and without obligation, and no right of withdrawal is possible.

Article 7: Site Provision

7.1 Entirety

In the event that one or more parts of these General Terms and Conditions are held to be invalid or declared as such in application of a law, regulation, or following a definitive decision by a competent court, the other conditions shall remain fully valid, except where they are inseparable from the invalid provision.

7.2 Mediation

In the event of a dispute, the Parties undertake to designate a mediator by mutual agreement, who will be designated by simple court order.

As soon as the coordinates of the Mediation Service are available, the Company undertakes to communicate them to the User and to update these General Terms and Conditions accordingly.

Recourse to mediation can only be effective if the claim has not previously been examined by a judge or another mediator, and if it has already been registered with our Customer Relations Service.

7.3 Modification

The Company reserves the right to modify these General Terms and Conditions at any time due to modifications to services or legal or technical modifications. Any new version will be indicated on the Site by the update date and their publication on the Site.

The modifications are binding as soon as they are posted on the Site.

7.4 Applicable Law

These general terms of use and sale are exclusively governed by French law. Any disputes concerning these general terms of use and sale, as well as the conditions to which they apply, fall exclusively under the jurisdiction of the competent territorial courts.

Updated on April 7, 2023.

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