NOWBUILDER.COM : GENERAL TERMS AND CONDITIONS OF SALE
1.1. Nowbuilder is a website edited by WeLead SA (hereinafter "WeLead" or the "Company"), route du Lac Lussy 201, 1618 Châtel-St-Denis, registered in the Swiss Commercial Register under number CHE-280.327.124, Commercial Register CH-217.3.561.856-9
2. Acceptance and modifications of the present GTCS:
2.1. These general terms and conditions of sale (hereinafter the "GTCS") govern all relations between WeLead and the Professionals (as defined below) wishing to have access to the Renovation Requests (as defined below) published on the Website and sent by the Individuals, send them a Quotation and be put in touch with them.
2.2. The applicable GTCS are those published at the time of sending a Renovation Request to the Professional. The Professional is free to print the present GTCS, provided, however, that he does not modify them.
3.1. The following terms, whether used in singular or in plural in these GTCS, will have the following definition:
3.1.1. GCU: means the general conditions of use which govern the access and the use of the Site;
3.1.2. GTCS: refers to these general terms and conditions of sale. These GTCS are automatically transmitted during any activation of Professional Account and / or any Professional claimants
3.1.3. Professional Account: means the space accessible from the Website to which any Professional can access, and from which he can view all of his invoices as well as all the details of the Renovation Requests in order to deal with the Individuals.
3.1.4. Renovation Request: means any renovation request issued by an Individual using the form made available on the Website. The Professional may access it in return for a monthly payment of the service.
3.1.5. Quotation: refers to the financial proposal issued by the Professional to respond to the Renovation Request of an Individual transmitted via the Website.
3.1.6. Personal Data: refers to the personal identification data of the Individual collected by WeLead as part of the registration for his Renovation Request.
3.1.7. Identification Elements: login and / or password of the Professional set during the creation of his Professional Account and allowing him to access and benefit from the Services offered by WeLead.
3.1.8. Party (ies): refers to any of the parties, namely the Professional or the Company.
3.1.9. Individual: means any natural person, acting exclusively for private purposes and having submitted a Renovation Request from the Website.
3.1.10. Professional: means any natural person (exercising a professional activity as an individual) or an established legal person operating a specialized activity in the building (painting, tiling, floors, exterior renovation, interior, plumbing, electricity, insulation, etc.) and wishing to access to the Renovation Requests.
3.1.11. Services: designates the platform linking Individuals and Professionals via the Website and in particular the service of issuing Renovation Requests to Individuals and the provision of such Renovation Requests by the Company to Professionals in exchange for their payment under the terms and conditions defined in the GTCS.
3.1.13. Company or WeLead: refers to the company WeLead SA, anonymous company established under and governed by Swiss law, registered in the Trade and Companies Register of the Canton of Châtel-Saint-Denis, under number CHE-280.327.124 and whose head office is located Route du Lac Lussy 201, 1618 Châtel-Saint-Denis, Switzerland.
4. Presentation of the Services - Method of Payment
4.1. General Information
4.1.1. The Services offered by WeLead on the Website are exclusively intended for the exploitation of the commercial activity of Professionals registered on the Website.
4.1.2. The Renovation Requests of the Individuals made available to the Professionals are established under the full responsibility of the Individuals, WeLead is not intervening at any moment of their transcription.
4.2. Access to the Website and creation of a Professional Account
4.2.1. The registration or the request for information as a professional is done through the website NowBuilder.com on the pages dedicated to artisans, where the professional will be able to enter his personal information. Before validating his registration and therefore enter into a process of contact with the commercial team of the service, the professional must imperatively take notice and accept the General Terms ans Conditions of Sale (by ticking the box "I validate the terms and conditions"). The registration engenders for this purpose the express acceptance of the General Terms and Conditions of Sale.
4.3.1. Access to the Renovation Requests is a paid Service.
4.3.2. Payment can be made by credit card or by a SEPA Direct Debit Mandate
4.3.4. Each month on the anniversary date, the Professional undertakes to pay
4.3.5. The Professional benefits from the Services are offered by the Company for the duration of the subscription of twelve (12) months from the effective date of the contract. At the end of a period of twelve (12) months, this contract is tacitly renewed month by month.
4.4. Billing Account
To pay for the order of Renovation Requests, the Professional is invited to provide a method of payment. In this regard, the Professional expressly authorizes WeLead to use the new account information regarding his method of payment provided by the issuing bank of the Professional or the applicable payment network. To do this, the Professional agrees to update his account information and other information as soon as possible, including his email address and details of the payment method, so that WeLead can fulfill his Order for Renovation Requests. and / or contact him, if necessary, about his order.
By providing WeLead with a method of payment, the Professional (i) declares to be authorized to use the provided method of payment and that the provided payment information is accurate and correct; (ii) authorizes WeLead to bill him for the Renovation Requests using the given method of payment.
It should be noted that, in order not to suspend the account and to ensure continuity of the Service in case that the payment is refused by the corresponding bank to the payment method validated by the Professional at the time of his account activation, WeLead reserves the right to represent the method of payment as many times as the laws and the rules in force allow it, up to the amount due and / or the amount corresponding to the planned rate.
4.6. Late payments
In the event of late payment, the Professional shall be liable for all reasonable costs incurred by WeLead for such recovery, including attorney's fees and consulting fees, costs and other expenses, in accordance with the law and regulations. WeLead reserves the right to suspend or cancel his Services if the Professional does not pay all amounts owed on time, after receiving a reminder (threatening to interrupt and / or terminate the Services) enjoining the Professional to settle his Renovation Requests within the time limit.
5. Conditions for acquiring Renovation Requests
5.1 Only an activated Professional Account can claim to receive Renovation Requests. This activation, mainly done in close relation between the Professional and the commercial team of NowBuilder.com, takes into account:
- the information and contact details of the Professional,
- the professions that encompass the activity of the Professional,
- the geolocation data of the account, so that the Renovation Request is within the Professional's radius of work,
- a valid method of payment.
Following the activation of his Professional Account, the Professional expressly agrees to receive by email and / or SMS details concerning the Renovation Requests of Individuals.
6. Right of withdrawal
Taking into account the following:
The provisions of the present article 6 are exclusively applicable to the Professionals who can claim being a consumer within the meaning of the provisions of the European Directive 2011/83 / CE, namely any legal person who acts for purposes which do not enter within the framework of his commercial, industrial, artisanal or liberal activity and who has a number less than or equal to five (5) employees.
Therefore, the right of withdrawal does not apply to the Professionals in these terms and conditions of sale. The Professional's membership in the Service and the activation of his Professional Account result from his full agreement and the acceptance of these terms and conditions of sale.
BY ACCEPTING THESE TERMS AND CONDITIONS AND ACCEPTING TO CONCLUDE A SUBSCRIPTION CONTRACT WITH THE COMPANY CONSIDERING THE BENEFITS SUPPLIED BY THE COMPANY, THE PROFESSIONAL ACCEPTS TO EXPRESSLY WAIVE ANY RIGHT TO WITHDRAW.
7. Termination of the Professional Account
7.1.1. In case of breach by the Professional to any of his obligations under these Terms, WeLead has the right to terminate his Professional Account, following a seven (7) clear days notice. The termination will take effect at the end of this notice and the sending of the Renovation Requests will be suspended.
7.1.2. From the conclusion of the contract, the Professional benefits, as stipulated in article 4.3.3., an incompressible trial period of three (3) months. The Professional has the option to terminate his Professional Account and the contract after these three (3) months by completing the cancellation form, downloadable here, and send it duly completed and signed to the email address firstname.lastname@example.org. Upon receipt of this cancellation request, WeLead will verify the document and terminate the Professional Account within 72 business hours. The termination will take effect at M + 1 month notice. Any request made by email or telephone will not be taken into account, only the fully completed and signed cancellation form will be accepted.
8. Relations between the Professional and the Individuals
8.1. After having taken note of a Renovation Request, the Professional may be required to contact the Individual by phone call, SMS and / or email to respond to his Renovation Request and / or send him a Quotation.
8.2. The Professional is solely responsible for violations and / or breaches of the regulations applicable to him and to these Terms and Conditions in respect of both WeLead and the Individual with whom he is put in contact and to whom he intends to address a Quotation in order to enter into a contractual relationship, as well as any damage that may arise from such violations and / or breaches.
8.3. Consequently, the Professional undertakes to assume alone the responsibility and thus the indemnification of WeLead and / or the Individual and / or a third party for all claims, complaints, recourses and requests, of any nature resulting from such violation or such breach notably relating to i) the use of the Services provided by WeLead ii) the relations maintained between the Professional and the Individual iii) the sincerity and quality of services mentioned on its Quote iv) the execution and the monitoring of its contractual relationship with the Individual, in case of acceptance of his Quotation.
8.4. The Professional will indemnify WeLead and / or third parties for all direct and indirect damages resulting from such violations and / or breaches.
8.5. The Professional therefore irrevocably waives liability for WeLead in connection with the Professional’s relation with the Individual, excluding an autonomous action in which WeLead fails to provide the expected Services, and directs his action against the Individual with whom he is in a contractual relationship.
8.6. In the event that WeLead is accused by an Individual, because of the Professional, the Professional undertakes to guarantee to hold unaccountable WeLead from any conviction, including to cover the costs (Lawyer, Bailiff, etc.) used by the Company to ensure its defence.
9. WeLead's liability
9.1. WeLead undertakes to implement all the necessary means to ensure the best possible supply of the Services offered on the Website. Unless otherwise agreed in writing, the service marketed by WeLead is limited to linking the Professional with the Individual (s) who have submitted a Renovation Request via the Website. Any other services will be excluded.
9.2. WeLead does not guarantee any results expected by the Professional after contacting the Individual. Thus, WeLead cannot be held responsible for the absence of response and / or the refusal of an Individual of the Quote proposed by the Professional. In particular, such events may not give right to reimbursement or any compensation under any circumstances.
9.3. WeLead cannot be held responsible for interruptions and modifications of the Services and / or the Website and the loss of data or information stored by WeLead; it is the responsibility of the Professional to take all necessary precautions to keep the Renovation Requests he has acquired.
9.4. WeLead cannot be held liable, in particular, for any direct or indirect injuries or damages, of any nature whatsoever, resulting from the management, use, exploitation, interruption or dysfunction of the Website and / or the Services.
9.5. WeLead, its subcontractors or suppliers, cannot be held responsible for delays or impossibilities to fulfill their contractual obligations, in case:
- force majeure,
- interruption of the connection to the Website due to maintenance operations or updating of the published information,
- temporary inability to access the Website due to technical problems, whatever their origin,
- attack or hacking, deprivation, removal or prohibition, temporary or permanent, and for any reason whatsoever, access to the Internet.
9.6. The Professional also acknowledges that in the current state of technology and in the absence of a guarantee from the telecommunications operators, the permanent availability of the Services and in particular the Website cannot be guaranteed.
10. Force majeure
10.1. Neither the Professional, nor WeLead, its subcontractors or suppliers, on the other hand, can be held responsible for any delay, non-performance or other breach of their obligations resulting from a case of force majeure. The situations regarded as cases of force majeure will be those usually retained by the jurisprudence of the Swiss Courts and Tribunals as well as the total or partial strikes, internal or external to one of the parts, to a supplier or subcontractor, lockouts, blockages of transportation or of supply for any reason, fires, storms, floods, water damages, governmental or legal restrictions, legal or regulatory changes in forms of marketing, blockage of telecommunications facilities, including networks, and any other case beyond the control of the Professional, WeLead, its subcontractors or suppliers preventing the normal performance of the services.
10.2. Each Party shall notify the other Party by registered letter with acknowledgment of receipt of the occurrence of any case of force majeure.
10.3. In the event of force majeure, if the inability to perform the contractual obligation would last more than one (1) month, the Parties would be released from their reciprocal obligations without any compensation being claimed to the defaulting party.
11.1. The Professional recognizes expressly that the seizure of his Elements of Identification is worth proof of his identity and expresses his consent to all the operations which will be done on the Website following his identification. The Professional must make sure to keep his email address valid during the period of his registration on the Website at the risk of not being able to access it, especially in case of loss of his password. The Professional Account is strictly personal and cannot be transmitted by any means whatsoever to a third party, even for free.
11.2. The Professional specifically agrees that WeLead's automatic registration systems are considered proof of:
- the use of his Identification Elements, and the dates and times of this use,
- information recorded by the Professional in his Professional Account,
- the nature, substance, date and time of all correspondence with WeLead personnel made through the Website or tools offered on the Website,
- and, more broadly, all information exchanged via the Website between WeLead and the Professional.
11.3. WeLead cannot be held responsible for any prejudice that the Professional would suffer due to the use his Identification Elements by a third party of.
11.4. These stipulations are expressly considered to be substantial between the Professional and WeLead.
12. Personal Data Protection
12.1. Protection of Personal Data of Individuals
The Professional undertakes to respect the privacy of Individuals. Thus, the Professional undertakes to process the Personal Data of Individuals that will be put in possession in accordance with his applicable national legislation, including the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
It is expressly forbidden for the Professional to:
- Solicit an individual outside the framework of the Renovation Request that he has transmitted.
- Disseminate the Personal Data of an Individual to third parties without having his express authorization.
12.2. Protection of Personal Data of the Professional
The Professional is invited to read the policy of protection of Personal Data applied by WeLead and described in the TOS.
13. Assistance and Claims
For any information, query, claim of a technical nature or in relation to the Services, question or advice, the Professional may contact the "Customer Service" of WeLead at the following coordinates:
- email : email@example.com
14. General clauses
14.1. Partial invalidity
If one or more stipulations of the present GTCS are considered as invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope. The Parties then agree to replace the null or invalid clause with a clause that will be closest in its content to the original clause.
14.2. No waiver
The fact for WeLead not to avail for a certain period of time of any of the provisions of these GTCS cannot be interpreted as his waiver to take advantage of it in the future.
15. Governing Law - Dispute Resolution
15.1. UNDER RESERVES OF THE NATIONAL PUBLIC PROVISIONS OF THE PLACE OF RESIDENCE OF THE PROFESSIONAL, THESE TERMS AND CONDITIONS ARE EXECUTED AND INTERPRETED IN ACCORDANCE WITH SWISS LAW. THE APPLICATION OF UNIFORM PURCHASING LAWS AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS (CISG) IS EXCLUDED.
15.2. IN THE EVENT OF ANY DISPUTE WHICH MAY ARISE IN CONNECTION WITH THESE TERMS, THEIR INTERPRETATION AND THEIR CONSEQUENCES OR WITH THE ACTS COMPLETING OR MODIFYING THEM, THE PROFESSIONAL WILL CONTACT WELEAD TO FIND A FRIENDLY SOLUTION. ANY CLAIMS AGAINST WELEAD MUST BE WRITTENLY FORMULATED.
15.3. IN THE ABSENCE OF A FRIENDLY SETTLEMENT, IF THE PROFESSIONAL HAS LESS THAN FIVE (5) EMPLOYEES AND CAN QUALITY AS A CONSUMER WITHIN THE MEANING OF THE EUROPEAN DIRECTIVE 2011/83 / EU, HE MAY CHOOSE (I) TO USE A SYSTEM OF ALTERNATIVE SETTLEMENT OF DISPUTES, BEING NOTIFIED THAT THE PROPOSED MEDIATION PROCESS CAN NOT PRECEDE TO A SEIZURE OF THE COMPETENT COURTS FOR THE PROFESSIONAL (II) OR TO SUBMIT HIS COMPLAINT TO THE COMPETENT SWISS JURISDICTIONS.
15.4. NOTWITHSTANDING THE PROVISIONS OF THESE GTCS, IN THE ABSENCE OF AN AMIBAL SETTLEMENT, THE PROFESSIONAL WHO CAN NOT QUALIFY AS A CONSUMER SHOULD BRING HIS COMPLAINT TO THE TRIBUNALS OF THE CANTON OF CHATEL-SAINT-DENIS, SWITZERLAND.
16. Methods of payment accepted on the platform:
- Visa, Mastercard and Bank Card