Terms of sale

GENERAL TERMS AND CONDITIONS OF SERVICE

SARL MISSION is a specialist in commercial interior design. In this context, it develops, manufactures, and markets (hereinafter the “Service(s)”) product ranges under the brand MOBILIER BY MISSION (hereinafter the “Product(s)”), available for sale in particular on the website www.missionlafabrique.fr (hereinafter the “Site”).
These General Terms and Conditions of Service (GTCS) apply without restriction or reservation to all Services offered by MOBILIER BY MISSION to professional Clients who request them (hereinafter the “Client(s)”).
These General Terms and Conditions constitute, in accordance with Article L441-1 of the French Commercial Code, the sole basis of the commercial relationship between the Parties.
The General Terms and Conditions of Service are communicated to the Client prior to any Service and prevail, where applicable, over any other version or any other contradictory document.
The Client declares having read these GTCS and accepted them before placing their order. As these General Terms and Conditions may be subject to subsequent modifications, the applicable version is the one in effect on the date of the Client's order.
Validation of the order by the Client constitutes acceptance without restriction of these General Terms and Conditions of Service.

1. Services offered by MOBILIER BY MISSION
MOBILIER BY MISSION offers retail design solutions adapted to all types of commercial spaces. In this context, it has developed a range of furniture available for sale on its website.
It accompanies and assists the Client, according to their needs, in the various stages of their design project:
- custom creation & design phase: furniture selection, 3D space modeling, layout plans;
- project management: coordination with project management, preparation of ERP (public access building) plans, compilation of administrative files (notably preliminary declarations);
- delivery, installation, merchandising setup, and any necessary adjustments.
The choice and purchase of a Service are the sole responsibility of the Client, who is required to refer to the description of each Service on the Site in order to understand its essential properties and specificities.

2. Contact details for MOBILIER BY MISSION

SARL MISSION
395, rue Gustave Eiffel
69330 MEYZIEU
Email: lafabrique@mission.fr
Telephone: 04.37.44.19.81

3. Formation of the Contract – Ordering Products and Services
The Client is invited to visit the Site to request a quote via the form provided.
Upon receipt of this request, MOBILIER BY MISSION will contact the Client to prepare a quote based on the information provided.
The quote sent by MOBILIER BY MISSION specifies, in particular, the essential characteristics of the desired Products and/or Services, the price, and the terms of payment.
Unless otherwise indicated, the offers contained in the quote are revocable at any time until their express acceptance.
The validity of an offer contained in a quote is limited to a period of one (1) month, unless otherwise specified.
The contract is formed between the Parties upon acceptance of the quote by the Client.
Acceptance of the quote is materialized by the Client's signature on the quote or by any written document (email or letter) stating the validation of the intervention proposal from MOBILIER BY MISSION.
This validation implies acceptance of the entirety of these General Terms and Conditions of Service and constitutes proof of the service contract.

4. Cancellation of the contract and withdrawal period
4.1. Cancellation of the contract
Unless otherwise agreed in writing, the contract may not be cancelled. It may be modified in writing subject to the agreement of the Parties.
In the event of cancellation of the order by the Client for any reason whatsoever, excluding force majeure, the Client must pay MOBILIER BY MISSION for all Services performed.
4.2. Client’s right of withdrawal
In accordance with Article L221-28, 3° of the Consumer Code, the Client does not benefit from a right of withdrawal.

5. Obligations of the Client
The Client undertakes to:
- provide MOBILIER BY MISSION with the information and documents, as well as any reasonably necessary assistance
- to enable it to execute, under good conditions, the Service that is the subject of the contract;
- pay MOBILIER BY MISSION the price of its Service and any additional fees/costs necessitated by the proper execution of the Service or by the Client's own actions;
- not delay the execution of the Service.

6. Obligations of MOBILIER BY MISSION:
MOBILIER BY MISSION undertakes to:
- perform the Service agreed upon between the Parties by deploying all necessary means and complying with the laws and regulations in force;
- exercise all due care and diligence in the performance of the Service;
- advise the Client on the feasibility of their project and warn them of any potential risks;
- inform the Client by any means of any impossibility preventing it from performing its Service or of any additional costs not provided for in the contract necessary for the execution of the Service.

7. Subcontracting
MOBILIER BY MISSION reserves the right to subcontract all or part of the Service, without being discharged from its contractual obligations.

8. Execution terms
8.1 The Services ordered by the Client are performed in accordance with professional standards and within the timeframe agreed upon by the Parties. Any late modification and/or cancellation will give rise to invoicing, as a fixed indemnity, of an amount equivalent to the price of the cancelled Service, as agreed in the quote.
8.2 Delivery of the Products is carried out by a carrier mandated by MOBILIER BY MISSION. It takes place upon the delivery of the Products to the Client against signature of a delivery note or CMR. The Products are delivered to the address indicated by the Client. It is therefore the Client's responsibility to ensure the accuracy and currency of the information provided to MOBILIER BY MISSION to allow for effective delivery. In the event of an erroneous or incomplete address, the Products will be returned to MOBILIER BY MISSION at the Client's expense.
No delivery delay may give rise to the payment of any indemnity.
MOBILIER BY MISSION cannot be held responsible for delays caused by events beyond its control, nor for the direct and indirect consequences of such delays regarding the Client or third parties. Consequently, no sanctions or late penalties may be applied to it, and its liability will be excluded in the following cases in particular:
- the Client has not respected their payment obligation under the agreed terms;
- the Client has not sufficiently collaborated with MOBILIER BY MISSION (notably for the exchange of information, etc.);
- additional work not caused by it.

9. Acceptance
Acceptance of Products
9.1 Upon delivery of the Products, it is the Client's responsibility, or that of their representative, to verify their condition before proceeding with unloading. The Client is solely responsible for expressing reservations to the carrier. In the event of damage or loss of the Products, the Client is required to issue precise and reasoned reservations according to one of the following methods:
 either directly upon delivery, on the delivery note, in the presence of the carrier;
 or within three days following delivery, by registered letter with acknowledgment of receipt addressed to the carrier. If applicable, the Client must also send a copy of these reservations to MOBILIER BY MISSION.
In the absence of reservations issued under the conditions and within the timeframes mentioned above, the delivered Products will be deemed accepted in good condition.
9.2 The delivered Products are deemed to comply with the characteristics specified in the Quote. The Client is required to verify the apparent conformity of the Products received with the order. Subject to stipulations regarding legal guarantees for hidden defects and conformity, any claim made more than 30 days after receipt of the Products will be inadmissible and MOBILIER BY MISSION's liability cannot be engaged in this respect.
MOBILIER BY MISSION will be entitled to request from the Client any proof it deems necessary to evaluate the claimed defects.
9.3 Given the characteristics of the Products manufactured specifically for the Client, they may only be returned upon a specific request expressly accepted by MOBILIER BY MISSION. Where applicable, the Client must return the Products in their original state and packaging, accompanied by accessory elements. MOBILIER BY MISSION and the Client will agree on the appropriate mode of transport for this return, depending on the volume and weight of the Goods.
If the Client's claim is found to be justified, MOBILIER BY MISSION will proceed, with the Client's agreement, either to the replacement of the Good or to its reimbursement. In the event of a reimbursement, it will be made within 30 days following receipt of the Good by MOBILIER BY MISSION.
Acceptance of Services
Unless otherwise provided in the quote, MOBILIER BY MISSION has fulfilled its obligation when the Services have been duly performed in accordance with the indications in the quote. At the end of the Service, the Client is required to verify its apparent conformity with the contract. The work must be accepted by the Client, at the latest, fifteen days after its completion.
Acceptance constitutes acknowledgment of the absence of apparent defects. This acceptance must be contradictory and formalized in writing.
In the absence of acceptance of the Services within 15 days following their completion, or in the absence of reservations or claims expressly issued by the Client, they will be deemed to comply with the order in terms of quantity and quality. Any subsequent intervention by MOBILIER BY MISSION will be invoiced to the Client, unless a hidden defect is demonstrated.
In the event of reservations, the Parties must agree on a timeframe for their resolution. Acceptance will be deemed acquired without reservation if the Client:
- unjustifiably refuses to proceed with acceptance,
- benefits from the Service performed by MOBILIER BY MISSION or if they issue minor reservations, provided these do not prevent the benefit of the Services.
If the Client wishes to be accompanied or represented by a third party during the acceptance, they alone will bear the costs and delays.
It will be the Client's responsibility to provide any proof regarding the reality of the defects and anomalies noted.

10. Financial terms
10.1 The Products and Services ordered shall be invoiced in accordance with the price and terms indicated in the quote signed by the Client. Unless otherwise specified in the quote, a deposit corresponding to 30% of the total order amount must be paid by the Client at the time of contract signature. MOBILIER BY MISSION will proceed with the execution of its Services only after effective receipt of the deposit.
10.2 MOBILIER BY MISSION shall be authorized to increase the agreed price, in proportion to the additional time rendered necessary for the completion of additional Services not agreed upon in the quote. The Client shall also bear the cost of additional work resulting from changes they have made to their firm and final order that would lead to a heavier workload than that estimated in the quote.
10.3 MOBILIER BY MISSION will send the Client an invoice in accordance with the terms appearing in the quote. The issued invoice must indicate the payment terms and the due date according to the nature of the Service. In the absence of specific details, payment must be made no later than 30 days following receipt of the Products and/or execution of the Services.
10.4 In the event of non-payment by the due date, the Client shall be considered in default and shall be liable, without any prior notification from MOBILIER BY MISSION, for the payment of late penalties calculated by applying the rate used by the European Central Bank (ECB) for its most recent refinancing operation, plus 10 percentage points, as well as a fixed indemnity of €40 for recovery costs.
MISSION also reserves the right to request additional compensation if the recovery costs incurred are higher than this amount, upon presentation of proof.
The Client may not withhold or defer the payment of any sum due to MOBILIER BY MISSION, even in the event of a dispute or claim.

11. Ownership of Products and transfer principle
The Products marketed by MOBILIER BY MISSION within the framework of these presents remain the full and exclusive property of MOBILIER BY MISSION until full payment of the price by the Client. Consequently, the Client may not dispose of them freely before full payment of the price. In particular, they shall not be authorized to pledge the Products to third parties or use them as collateral (in the broadest sense) or to establish any real or personal right for the benefit of third parties over said Products. In the event of non-payment of the price, the Client must, at their own expense and risk, return the unpaid Products upon request from MOBILIER BY MISSION, which shall serve as a formal notice, sent by registered letter with acknowledgment of receipt. The repossession
of the Products by MOBILIER BY MISSION does not preclude the exercise of any other action it may initiate.
The Client nonetheless assumes the risks of loss or deterioration of the Products as of delivery.

12. Duration and termination of the contract  
12.1 The contract is concluded for the duration of the Service as specified in the quote, and takes effect upon its signature, with no option for early termination of the contract, except in the event of a breach of a contractual obligation by either party. Early termination of the contract by the Client shall result in the invoicing of the remaining balance due as a fixed indemnity.
12.2 In the event of a serious breach by one or the other of the Parties of its obligations, this contract shall be terminated automatically seven (7) days after the sending of a formal notice to the defaulting party, by registered letter with acknowledgment of receipt, to fulfill its obligations, which remains without effect. The exercise of this right to terminate the contract does not exempt the defaulting Party from fulfilling the obligations contracted up to the date on which the termination takes effect.

13. Intellectual property rights
MOBILIER BY MISSION remains the owner of all intellectual property rights attached to its Products, studies, 3D reproductions, and drawings produced, even at the request of the Client, with a view to the execution of this contract. The Client is therefore prohibited from any reproduction or exploitation of said elements without the express, written, and prior authorization of MOBILIER BY MISSION, which may condition such authorization on financial compensation.
Furthermore, none of the provisions of the contract shall be interpreted as conferring on the other Party a license, or any other right whatsoever, to the trademarks, trade names, and other distinctive signs of the other Party.

14. Liability and warranties
14.1 MOBILIER BY MISSION guarantees to the Client the proper execution of the Service that is the subject of the contract.
14.2 In accordance with legal provisions, MOBILIER BY MISSION also guarantees the Client against any lack of conformity of the Services and any hidden defects resulting from a design defect in the Products or the provision of said Services, excluding any negligence or fault of the Client. MOBILIER BY MISSION will replace, rectify, or have rectified by a third party, at its exclusive expense, according to the appropriate methods agreed upon by the Client, the defective Products and/or Services.
14.3 MOBILIER BY MISSION shall only be responsible for any damage caused to the Client or to third parties due to faults committed in the execution of this contract. In the event that the liability of MOBILIER BY MISSION is invoked, it shall be limited solely to direct damages resulting from a breach of its contractual obligations, within the limit of the amount excluding tax paid by the Client for the provision of the Products and Services. MOBILIER BY MISSION shall not be held liable for compensating direct or indirect damages, such as loss of time, loss of profit, loss of turnover, loss of cost reduction, etc.

15. Force majeure
The Parties shall not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

16. Partial invalidity
The potential cancellation of one or more clauses of this contract by a court decision shall not affect its other stipulations, which shall continue to produce their full and entire effect insofar as the general economy of the contract can be preserved.
In the event that the execution of one or more clauses of this contract is rendered impossible due to its cancellation, the Parties shall attempt to come together to establish a new clause whose spirit and letter are as close as possible to the old clause, with the other stipulations of the contract remaining in force.
Failing this, or if the general economy of the contract were fundamentally disrupted, the Parties could, by mutual agreement formalized in writing, acknowledge the cancellation of this contract in its entirety.

17. Governing law – Disputes
These General Terms and Conditions of Service and the transactions
arising therefrom are governed by French law.
Any dispute that could not be resolved amicably between MOBILIER BY MISSION and the Client, concerning the execution of this Contract, shall fall under the exclusive jurisdiction of the Commercial Court of LYON.

18. Election of domicile
For the purposes hereof, the Parties elect domicile at their respective registered offices. Any change must be notified by registered letter with request for acknowledgment of receipt to the other Party, in order to be enforceable against them.

19. Personal data protection
MOBILIER BY MISSION processes personal data relating to the legal representative and employees of its Clients.  
Under the principle of data minimization, MOBILIER BY MISSION ensures that only data necessary for the pursuit of the purposes of the processing are actually collected and processed.  
The personal data processing implemented by MOBILIER BY MISSION is based on:
- The pursuit of its legitimate interests when they have the purpose of:
• creating and administering the Client file,
• managing commercial relations and developing its prospects,
- The execution of pre-contractual measures or the contract when they have the purpose of:
• Analyzing the Client's needs,
• Executing, managing, and monitoring the services ordered,  
• Recovery.
- Compliance with its legal and regulatory obligations when they have the purpose of:
• protecting itself against any legal action,
• complying with its financial, banking, and accounting obligations,
• protecting its activity against fraud, money laundering, breach of trust, cyberattacks, and other criminal offenses in general.
MOBILIER BY MISSION only keeps the data for the duration necessary for the operations for which they were collected as well as in compliance with the regulations in force. The personal data collected will be kept for the duration necessary to accomplish the purpose for which they were collected as mentioned above. They will then be deleted. By way of exception, this data may be archived to manage ongoing claims and litigation as well as to meet the Provider's legal and/or regulatory obligations.
MOBILIER BY MISSION does not transfer or market any of the personal data collected for marketing purposes. The data transferred to third parties will only be used for the purpose of providing the Service. Consequently, the Client authorizes MOBILIER BY MISSION to communicate this data to its partners and subcontractors, as needed and within the limits necessary for the execution of the Service.
Under the conditions defined by the Data Protection Act and the European General Data Protection Regulation, the Client is informed that the persons concerned by the processing of their personal data benefit from a right of access, rectification, inquiry, limitation, portability, and erasure of the data concerning them. They also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data having as its legal basis the legitimate interest of MOBILIER BY MISSION, as well as the right to object to commercial prospecting. Finally, these persons have the right to define general and specific directives defining how they intend their data to be used after their death. It is specified that the exercise of certain of these rights may lead, on a case-by-case basis for MOBILIER BY MISSION, to the impossibility of providing the ordered Service.
For the exercise of these rights, the persons concerned can contact MOBILIER BY MISSION:
- By email at the following address: contact@mission.fr
Or
- By postal mail at the following address: SARL MISSION 395, rue Gustave Eiffel 69330 MEYZIEU
The Client is also informed that the persons concerned by the processing have the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority in charge of compliance with obligations regarding personal data

20. Pre-contractual information - Client acceptance
The Client acknowledges having had communication, prior to the conclusion of the contract, in a clear and understandable manner, of these General Terms and Conditions of Service.
The fact that the Client orders a Service implies full and complete adherence to and acceptance of these General Terms and Conditions of Service and the obligation to pay for the ordered Services, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against MOBILIER BY MISSION