Terms and conditions.
Chapter 1 : General
MnR Services Sàrl (herein referred to as “MnR” or “Licensor” or “we” or “us”) owns the trademarks Virtual Home Design and operates the website, www.virtual-homedesign.com.
This document governs your relationship with us (herein referred to as “End User” or “you”), the Website. Access to and use of this Website, and the products and services available through the Website (herein referred to as the “Website Services”) are subject to the present Terms and Conditions, as well as other applicable notices provided by MnR (herein referred to as the “Terms and Conditions”).
By using the Website and/or Services, you are agreeing to the present Terms and Conditions, as well as any update made by us from time to time. You should check the Terms and Conditions regularly on the relevant Website to ensure you are aware of any changes we may have made. All other direct or indirect uses which are not in conformity with these Terms and Conditions are prohibited.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period of time. From time to time, we may restrict access to parts or all the Website and/or the Website Services.
The Website may contain links to other websites (herein referred to as “Linked Sites”), that are not owned, licensed or operated by MnR. MnR has no indirect or direct control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions governing the use of each such site.
All rights not expressly granted in the present Terms and Conditions to the End User are reserved.
Chapter 2 : Definitions
License: a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded and/or Androïd product that you own or control, as defined in chapter 6.1 below.
Order: an individual purchase of Website Services.
Parties: the parties are MnR, the Website, the Application and the End User.
Public Holidays: Public Holidays are defined as those granted by the government of the Grand Duchy of Luxembourg.
Terms of Sale: the Terms of Sales are part of these Terms and Conditions and in addition are defined specifically for, on the one hand, the Website Services (chapter 5), and on the other hand, the Application Services (chapter 6).
Website: a set of related pages under our domain name virtual-homedesign.com, including https://www.virtual-homedesign.com and any related service portal.
Website Account: any registered End User account on the Website.
Website Services: the available services through the website and/or on the service portal of Virtual Home Design.
Working Days: Working days are defined as Monday to Friday between 9:00 and 17:00 CET, except for Public Holidays.
Chapter 3 : Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found on the Website. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Furthermore, you acknowledge that MnR will be able to access and adjust the downloaded content and your personal information, and that MnR’s use of such material and information is covered by the present Terms and Conditions and MnR’s Privacy Policy.
Chapter 4 : Scope of Services
The Website Services are designed to provide tools to support the marketing of real estate properties, whether residential or commercial, whether for existing properties or new developments, among other purposes. The Website Services include, but are not limited to, the following broad categories:
Services related to 3D floor plans,
Services related to architectural and/or engineering drawings,
Optimisation of images and any related services (including but not restricted to object removal, virtual home staging, photo enhancement, photo renovation, etc),
Services related to 3D renderings,
Services related to 3D modelling,
Services related to Video capturing, editing and promotion.
MnR reserves the right to add, modify or remove any services linked to the broad categories above as indicated in Chapter 5 below, including the addition, change or removal of categories of services, whether in the real estate field or other fields.
Chapter 5 : Terms of Sales for Website Services (hereafter “Website Terms of Sale”)
5.1. General
The present Website Terms of Sale are only applicable for Website Services purchased through the Website.
By placing an Order for Website Services, you are purchasing a product/service on and subject to the following Terms and Conditions. All Orders are final and subject to availability and confirmation of payment.
Dispatch and completion times may vary according to availability and be extended due to processing delays or force majeure (as defined in Chapter 22 below) for which we will not be responsible.
To contract with MnR, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. MnR retains the right to refuse any order or other request. If your Order is confirmed, we will inform you by email.
By placing an Order, you warrant that all details you provide are true and accurate, that you are an authorized user of the credit or debit card used to place your Order and that there are sufficient funds to cover the cost of the goods/services, that you are an authorized user of the material (pictures, drawings, etc) you provide to MnR through the Website, and that, in the use of such material, you are in compliance with the EU General Data Protection Regulation 2016/679 (GDPR) of 14 April 2016, and the MnR Privacy Policy.
All prices advertised are indicated without value added tax or goods and services tax (‘VAT/GST’) and may be subject to additional VAT/GST charges in your country. MnR relies on the accuracy of the VAT/GST details provided by you and any loss suffered by MnR due to inaccurate information will be recovered by MnR from your credit balance if available or otherwise via a request for payment or other reasonable means.
5.2. Placing an Order
When you place an Order for Website Services, you will receive an acknowledgement by e-mail confirming receipt of your Order.
A contract between us will be formed on the receipt of payment for your amended Order. Only those services listed in the confirmation notification sent will be included in the contract formed. We will not be under any obligation to deliver services which have not been included in the new contract or paid for under the terms of the amended Order.
5.3. Pricing and Availability of Website Services
Prices for services vary according to the nature of the service chosen and the complexity of the Order placed via the website. No price can be displayed on our website, as each order is unique. Turnaround time begins upon confirmation of payment, but completion or shipment time may be subject to delays, as indicated above.
The value of your Order is clearly indicated in the quotation sent by e-mail. By paying all or part of the price indicated on the previous quotation, you accept the prices and the value of the Order you are placing.
The charges mentioned in these terms and conditions are subject to change and/or may be the subject of a written contract, agreement or price sheet agreed between the parties.
5.4. Gross Property Area and Room Areas
Gross Property Area (GPA) is the area of a single housing unit measured to the internal face of the perimeter walls at each floor level. Terrace and other additional areas are calculated separately.
Room Area is the area of a room calculated along the internal face of the walls of the room. This does not include area under the doorways or passage openings, alcoves, fireplaces, etc. Room Area does not consider ceiling heights.
The GPA and Room areas calculated and mentioned on our floorplans are based on the dimensions provided or as added-up during the drawing process, from the information drawings provided by you.
These area values are an approximate estimate in square meters (m 2 ) or square feet (sqft) based on the information/drawing provided to us and mentioned as information only and not for the purpose of determining size of the housing unit for sale or any commercial purpose. A disclaimer is clearly mentioned on each floorplan to capture the above and MnR accepts no liability for GPA calculation and information provided.
MnR has the discretion not to provide dimensions or area calculations, if these are not provided on the scan files received from you.
5.5. Floorplan Orders
For Floorplan Website Services, pricing is based on a single housing unit, its type (Residential/Commercial)) and sub type (Apartment/Duplex/House) and its area in square meters (m 2 ) or square feet (sqft). This area is the sum of the GPA (see paragraph 5.4 above) and the areas of any external terraces, garage, etc.
Floorplans are drawn based on the files received from you. These may be architect’s drawing scans, hand drawn sketches, or any other equivalent documents or files. The following is required to ensure timely and quality delivery:
You will be required to send good quality files and ensure that all structural details, text, dimensions, etc. are legible. MnR will return to you any orders submitted with poor quality files and will not be under any obligation to complete those orders until the relevant specifications are provided in an appropriate, high- quality format.
For hand-drawn sketches, you will ensure that the dimensions, exterior shape, internal layout and proportion of the housing unit or units is correctly and neatly drawn. MnR will not be responsible for shape changes if the dimensions or layout are not correctly indicated on your sketch.
MnR will extract the details of walls, windows, doors and other such elements from the received drawings, in order to create the floorplans.
Your Order must indicate the sub-type correctly. For example, if you place an order for a single floor apartment, but send a file containing a duplex, MnR will draw only one floor and complete the job on this basis, or return the job to you for clarification as MnR considers appropriate.
Any changes required by you in the basic layout should be marked up on the drawing included in the Order.
Only brief instructions, if any provided with the Order, will be considered. MnR will ignore any other pages and/or scans received and will work only on the basis of the housing unit drawings received.
MnR will insert the room names, floor names, as written on the received files.
MnR will ignore any text it considers illegible on the received files.
For floorplan services with furniture, you are required to mark-out the furniture layout on the floorplans sent to us. If you do not provide furniture layout, MnR will complete the jobs without furniture drawn.
5.6. Orders
For all Orders, you will place, through the Website, a request for quote (RFQ) for the work to be done. MnR shall send you an acknowledgment of receipt by email and subsequently a quote by email (that shall be available also in your Wesbite Account) with a price and delivery schedule. Should you approve the received quote and place the Order, the work shall commence upon confirmation of payment receipt. MnR reserves the right not to quote a price and delivery time. If so, you shall be informed by email.
5.7. Time to Delivery, Order Time and Delivery Time
All times (Time to Delivery, Order Time, Delivery Time) are calculated as per the Luxembourg time zone, ie. Central European Time (CET).
Time to delivery is an approximate indication of when your quote will be delivered.
To enable faster delivery, Orders must be legible, accurate regarding size of housing unit, and must have the correct files attached. MnR will not be able to deliver Orders promptly in the event of problems with files received or incorrect information supplied by the customer on the Order form or otherwise.
Orders, once placed, cannot be cancelled and no refunds will be offered for incorrect information in the order form or file related issues.
MnR reserves the right to return Orders for file related problems, such as illegible scans or handwritten, incorrect or mismatched drawings/sketches, incorrect ordering information, incorrect indication of item count, blurred, over-exposed images, or any other such issues. Returned Orders will only be processed after receipt by us from you of corrected or clarified information or scans, images or files as needed to resolve these problems.
5.8. Corrections or Amendments of floorplans
You are entitled to one free request for any amendments or changes requested within 30 calendar days of receipt of the completed work. Your change request must be placed by submitting the request through the email discussion with Virtual Home Design. This option will not be available after 30 calendar days. All subsequent requests (also to be made within the 30-calendar day period) for further amendment/changes will be charged and are to be placed through a new email sent at hello@virtual-homedesign.com. Processing of such additional changes will commence upon payment receipt.
No correction request received after the 30 calendar days period shall be entertained.
All change requests, including for change in the text values for GPA or room areas which are other than the value calculated, need to be clearly articulated. The required changes must be marked up clearly and legibly on the completed floorplan files sent to us.
5.9. Payment for Website Services
You will receive an invoice statement for agreed transaction periods (15 days, monthly or quarterly). Invoices must be paid upon receipt. MnR reserves the right to suspend service for non-payment or delayed payment.
All your payment details are managed by the third-party payment gateway (Stripe) and you card details are not recorded or shared with MnR. You are therefore expected to key-in your card details for every transaction.
5.10. Refunds
There will be no refund provided for any individual transaction.
Chapter 7 : Data Retention
7.1. Data Files
MnR shall retain the files it receives from the End User, and the files it has produced as part of the contract for the End user, for a period of 180 calendar days after the completion of the order. Thereafter, the files will be deleted, and therefore shall not be retrievable subsequently.
For that period you may submit a request for files to be sent to you again. A nominal fee for such request will be chargeable, which shall be set by MnR in its discretion.
7.2. Credit card or debit card details
As a standard e-commerce policy in line with generally accepted payment processing guidelines, MnR does not have access to/or store your credit card/payment details. If your payment is unsuccessful due to any technical, bank or other error, you will need to initiate the payment again from the invoice received by email.
Chapter 8 : Prohibitions, User generated contributions and License contribution
8.1. Prohibitions
You must not misuse this Website in any manner whatsoever. Among other things, the End User warrants that it, and any other users and/or related entities, will not: commit, aid and abet, permit or encourage the commission of a criminal offence in any jurisdiction; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidentiality, privacy or in any way offensive or obscene; hack into or disrupt any aspect of the Website Services and/or Application Services, the Website ; corrupt data; cause annoyance to other users; infringe upon any person’s proprietary or other rights; send any unsolicited advertising or promotional material, including that which is commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of these Website Services, Website or to your downloading of any material posted on it, or on any website linked to it.
8.2. End User General Contributions
The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Website and through third-party websites or applications. As such, any Contributions you transmit may be treated as nonconfidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that :
The creation, distribution, transmission, public display, or performance, and the accessing, downloading or sharing of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral or intellectual property rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, MnR whether through the Website or the Application, and other users of the Website and/or Application to use your Contributions in any manner contemplated by the Website and/or Application and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and/or the Application and these Terms and Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against any person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or grooms, misleads or exploits people under the age of 18, particularly in a sexual or violent or other unlawful manner. If, in your country of residence or in the country you are using the Services, the Website and/or the Application, the legal age of recipients or addressees of communications at which criminal liability applies for such conduct is higher than 18-years-old, the higher age shall apply.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical or mental handicap or condition.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Website Services and/or Website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Website Services and/or the Website.
Chapter 9 : Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available on or through the Website remains the property of MnR or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by MnR and its licensors. You may store, print and display the content supplied solely for your own personal use. Other than the Website Services you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website. Further, you may not use any such content in connection with any business or commercial enterprise.
The pictures, sketches and drawings you provide for the purpose of processing and/or storing on the Website and/or MnR licensors, as well as the resulting pictures and drawings produced by MnR and MnR’s licensors, as part of the Website Services rendered to you in accordance with the corresponding Terms of Sale above (chapters 5), remain your property. MnR is however explicitly authorised to showcase on its websites and/or any of its promotional material, and through its websites and/or any of its promotional material, the pictures, sketches and drawings you provided, as well as the resulting pictures and drawings produced by MnR or MnR’s licensors, except if you have explicitly indicated otherwise.
Chapter 10 : Disclaimer of Liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, MnR, the Website, its owners, operators, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website, its Services or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MnR’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Chapter 11 : Linking to this Website
You may link to the Website or a related site, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it in any manner prejudicial to MnR, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Chapter 12 : Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright
Except where expressly agreed otherwise in writing, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with MnR and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MnR, the Website.
Chapter 13 : Indemnity
You agree to indemnify, defend and hold harmless MnR, the Website, its owners, operators, directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Services, Website, or your breach of the present General Terms and Conditions.
Chapter 14 : Variation
MnR and any associated entities shall have the right in their absolute discretion at any time and without notice to amend, remove, or vary the Website Services and/or any page of this Website.
Chapter 15 : Legal Compliance
You represent and warrant that you are not located in a country that is subject to either a European Union, United Nations or U.S. Government embargo, or that has been designated by either the European Union, the United Nations, or the U.S. Government as a “terrorist supporting” country; and that you are not listed on any European Union, United Nations or U.S. Government list of prohibited or restricted parties.
Should you, at any time, become unable to fulfil or ensure full legal compliance with the preceding paragraph, you shall immediately inform MnR and stop using our Website Services and Website.
Chapter 16 : Invalidity
If any part of the present Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the above Terms of Service (chapters 5) will not be affected, and all other clauses remain in full legal force and effect. So far as possible where any clause/sub- clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Chapter 17 : Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. Please let us know immediately if you have any complaints or comments, via our support service (hello@virtual-homedesign.com).
Chapter 18 : Dispute Resolution
If you have any disagreement with the calculation of any charges, please send an email to the account manager assigned to you or to our support service (hello@virtual-homedesign.com). MnR will review the case in detail and will notify you of the outcome.
The outcome of the review will be final and binding and by accepting the present Terms and Conditions you are in full agreement with the present dispute resolution mechanism.
Chapter 19 : Contact Information
For general inquiries, complaints, questions or claims, please contact:
or via surface mail :
MnR Services sàrl
6 Avenue Pasteur
LU-2310 Luxembourg
Luxembourg
Chapter 20 : Waiver
If you breach any of these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Chapter 21 : Force Majeure
MnR cannot be held accountable in case of the occurrence of an event beyond its will or control (hereinreferred to as “Force Majeure”).
MnR and the End User acknowledge that the following cases constitute, among others, a Force Majeure if either affect part or all of MnR and/or its associates and/or subcontractors operations: saturation of networks (internet, phone, etc); national or local power grid saturation, shortage or interruption; pandemic or public health emergency of national or international concern; national or local epidemics or pandemics or health emergencies; viruses (computer and/or network but not exclusively); strikes; lockdown; lockout; floods; fires; lightnings; explosions; collapses; terrorist attacks and/or threats; national or local emergencies; as well as any act or negligence of a person or entity beyond the reasonable control of MnR.
In the event MnR invokes a Force Majeure, MnR may suspend or limit, in part or entirely, the use of its Website, Website Services without the End User being able to claim any compensation whatsoever.
In such cases, MnR shall endeavour to make every effort to limit the Force Majeure duration and to minimize the Force Majeure disruption of MnR Website, Website Services.
In the case that MnR invokes a Force Majeure event for more than three (3) months that affect all of the Website, the Website Services, MnR or the End User can close the Order or End-User account without any compensation whatsoever being owed.
Chapter 22 : Entire Agreement
The above Terms and Conditions and those mentioned on the Website constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MnR, the Website. Any waiver of any provision of the present Terms and Conditions will be effective only if in writing and signed by a Director of MnR.
Chapter 23 : Applicable Law
The present Terms and Conditions, the use of the Services, the Website (and its licensing) are governed by the laws of the Grand-Duchy of Luxembourg (in the judicial district of Luxembourg-city).
Chapter 24 : Miscellaneous
If any of the terms of the present Terms and Conditions should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Done in Luxembourg on the 23th of October 2024.