TERMS OF SALES
PREAMBLE
- “La Conciergerie Gustave” whose head office is located at 1585 route des carrières 84580 Oppède is registered under the status of self-employed SIRET no .: 488256157 00048 APE code: 8121Z and personal service under no. SAP488256157
- “La Conciergerie Gustave” intervenes in the provision of services, whether it is occasional or regular, delivered at home or remotely, in order to facilitate daily management for individuals
- “La Conciergerie Gustave” is the direct service provider or as an intermediary in the context of connecting customers and service providers or third-party suppliers, if the requested service does not require particular qualities and depending on its availability. .
- “La Conciergerie Gustave” offers surveillance and stewardship of primary or secondary residence, personal service, and service related to the smooth running of holidaymakers.
ARTICLE 1 – APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale is to govern the terms and conditions applicable between La Conciergerie Gustave and its customers for the services provided on an ad hoc or regular basis by taking out a subscription or à la carte service contract. Any order for Services irrevocably implies acceptance by the customer of these T & Cs notwithstanding the specific clauses that may appear in this order, unless these have been expressly accepted by the company. Any waiver by La Conciergerie Gustave of one or more of these clauses has no effect on the validity of the other clauses.
The customer declares to have read and accepts the GTC before placing any order for a service.
These General Conditions of Sale apply from 04/01/2021 until a new version replaces them.
These General Conditions of Sale and the operations resulting from them are governed and subject to French law. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
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ARTICLE 2- ORDERS
2.1: SERVICES APPLICABLE TO ALL ORDERS:
Any order will only become final after having been confirmed in writing by La Conciergerie Gustave by electronic means, after receipt of the dated, signed order form and sent by the customer electronically by post. Any order for the provision of a service triggers the sending either by email or by post of a priced proposal from La Conciergerie Gustave to its client as soon as possible.
The customer who has signed a contract can place orders with La Conciergerie Gustave by sending the order form by e-mail or by telephone.
Conciergerie Gustave reserves the right to freely refuse to accept an order that exceeds the usual scope of its powers or that it considers illegal or contrary to public order and good morals.
2.2: A LA CARTE SERVICES:
The services selected by the Customer will be specified on the quote and upon acceptance of the order established by La Conciergerie Gustave.
The details of the services and formulas are available on the site https://conciergeriegustave.com
2.3: ACCEPTANCE OF THE ORDER BY THE CUSTOMER
The home service cannot take place without a commitment, an estimate or a service contract being signed. The fact of receiving a first home service entails acceptance by the customer of all the clauses defined in the general conditions of sale.
For any order for services exceeding 50 €, the customer must confirm his order in writing and pay the full payment before the execution of the service by La Conciergerie Gustave. After written and signed acceptance of the quote by the customer, any service will be irrevocable.
The Customer confirms his agreement, imperatively, by e-mail or by post. Any order will only become final after being confirmed in writing by La Conciergerie Gustave by electronic means, after receipt of the dated, signed and sent quote by the customer to La Conciergerie Gustave.
The signed quotation acts as an order form and hereby constitutes the contract for the provision of services. The order will only be validated and considered final when the quote has been confirmed by the signature of the customer, his legal representative or any person duly authorized for this purpose, preceded by the words “Good for agreement”
For customers subscribing to a contract only the sending by email of the order form, dated and signed, will trigger and validate the service order. It will not become final until it has been confirmed in writing by La Conciergerie Gustave electronically.
ARTICLE 3: PRICE
Hourly rates vary depending on the service requested, the frequency and duration of the intervention.
A free and non-binding personalized estimate is established by La Conciergerie Gustave for any service, from € 50. This quote entails acceptance of the general conditions which take the place of a contract for the provision of services and will be valid for a period of one (1) month from their date of establishment.
A free estimate specifying the services and prices is mandatory in the case of a service greater than or equal to € 100. Our service proposal remains valid for 30 days from the day it is issued.
Our pricing conditions are subject to change without notice, particularly in the event of changes in tax or social legislation or following the indexation of the minimum wage. The new prices cancel and replace the previous ones without delay.
Prices are expressed in net total euros, VAT is not applicable, article 293 B of the CGI.
ARTICLE 4: CANCELLATION OF SERVICES
Any request for modification or cancellation by the customer of an order confirmed by La Conciergerie Gustave must be made at least 3 calendar days before the scheduled date of the services, 50% of the amount of the service will remain invoiced to the customer.
4.1 COMMITMENT OF THE CONCIERGERIE GUSTAVE
Certain services can be delegated and / or subcontracted to outside professionals only when the requested services require particular qualities or because of the unavailability of La Conciergerie Gustave.
In the case of intervention by an external professional, La Conciergerie Gustave undertakes to choose quality service providers and will ensure that any person taking part in the performance of the services has the professional experience required for the performance of the tasks. assigned to it.
If the service cannot be provided under the conditions envisaged at the time of the request, an alternative proposal is made to the customer.
4.2 CUSTOMER COMMITMENT
The customer agrees to provide the contact details of his future tenants so that La Conciergerie Gustave can contact the holidaymakers to agree on the time of arrival.
ARTICLE 5: RIGHT OF WITHDRAWAL IN THE EVENT OF A DISTANCE SALE
French law extends the right of withdrawal to 14 days from the date of the order or the validation of a price proposal made by internet, by correspondence or by telephone. During this period, the customer may cancel his order.
The company will not be able to take into account any oral withdrawal request. According to article L121-20-13 of the Consumer Code, the customer has 14 days from the date of sending his order to change his mind. During this period, the customer can change his mind and cancel his order without having to provide proof or explanation.
He will not owe any amount for penalties or otherwise. Any deposit paid with the order will be refunded in full, no later than 30 days after notification of the withdrawal (according to Article L121-20-1 of the Consumer Code). The service will only take effect at the end of this 14-day period if the customer has not used their right to withdraw (according to Article L121-20-13 of the Consumer Code).
This right of withdrawal does not apply to the provision of services of a tourist nature, nor to goods made to the consumer’s specifications or clearly personalized or which, due to their nature cannot be returned or are liable to deteriorate or deteriorate. expire quickly.
ARTICLE 6: PAYMENT TERMS AND UNPAID INVOICES
The customer can make the payment: By bank transfer, cash, paypal.
Products and services will be invoiced on the basis of the precisely indicated prices, in euros, on the estimate or upon confirmation of the order by La Conciergerie Gustave.
A la carte services and packages must be paid in full, in cash, Paypal or by bank transfer before they are made to the order of La Conciergerie Gustave.
With the subscription of a contract, payment can be made monthly by bank transfer. The customer will have to make a monthly provision of 200 € on the account of the Conciergerie Gustave. The customer must provide his bank details when signing the contract.
In certain cases, the customer may then be required to pay the suppliers directly, according to the payment terms usually practiced by the latter.
Failure to pay an invoice on its due date authorizes La Conciergerie Gustave to cancel orders or deliveries in progress, without remains prior to or prejudice any compensation and / or course of action and without prejudice to the recovery of sums remaining due by the beneficiary.
In the event of bank rejection, the customer agrees to reimburse the costs invoiced to La Conciergerie Gustave
In the event of non-payment when due and after notification of a reminder letter, the debtor is liable as a penalty clause. A late penalty rate of 5% is then applicable from the payment date shown on the invoice. The payability of invoices not yet due within 8 days results in the termination of the contract without notice and without any compensation of any kind.
Recourse to litigation for the recovery of unpaid sums will be subject to an increase covering at least all of the costs incurred, in particular legal costs.
The lump sum fixed by decree for any unpaid invoice, in the event of late payment, legal lump sum compensation for collection costs: € 40, article D.441-5 of the Commercial Code ”.
ARTICLE 7: DELIVERY CONDITIONS
The delivery conditions of the product or service ordered will be set on the occasion of the written confirmation sent to the customer by La Conciergerie Gustave.
Delivery by La Conciergerie Gustave of products ordered by the customer does not in any way imply that the sale is made directly by La Conciergerie Gustave, which only acts as an intermediary in relations between customers and suppliers
The products and / or services will be supplied to the Customer’s home, or any other place designated by the Customer, subject to a notice defined between La Conciergerie Gustave and the Customer at the exclusive expense of the latter. Likewise, in the event of a specific request from the Customer concerning the conditions of supply of products and / or services, duly accepted in writing by La Conciergerie Gustave, the inherent costs will be included in the final invoice. The Customer acknowledges and accepts that La Conciergerie Gustave executes the orders under the terms defined and accepted by the Customer at the time of transmission of the order to La Conciergerie Gustave.
ARTICLE 8: INSURANCE
La Conciergerie Gustave declares that it has taken out professional liability insurance with the organization:. MAIF N° 7600679 J
Conciergerie Gustave is insured for any damage that may be caused to the homes of its customers and cannot be held liable for damage due to defective equipment or maintenance products supplied by the customer.
8.1 RESPONSIBILITY
The customer declares to take out home insurance.
The customer declares to have a rental equipped with a smoke detector.
The client declares that he has no cash, jewelry or any other valuables at his residence.
The client undertakes to comply with all the laws and regulations applicable to him, in particular that relating to the rental of furnished tourist accommodation. Under no circumstances can La Conciergerie Gustave be held responsible for the client’s failure to comply with his legal or fiscal obligations.
The customer undertakes to take out insurance covering all risks and direct or indirect damage which may affect all of his equipment and installations at his own expense and declares that he is and will be, throughout the duration hereof, covered by all insurance policies in accordance with customary practice in this area, in particular with regard to its civil liability towards third parties.
Conciergerie Gustave is exempt from any liability relating to the execution of the sales contract and the delivery of products and services ordered as well as for services performed by external service providers.
The client expressly admits that La Conciergerie Gustave, in the case of a simple intermediary, is only bound by an obligation of means.
In the event that an outside professional intervenes in a request for work or repair assistance, as well as in any other case where an estimate or a contract is drawn up and signed between the client and an external service provider, La Conciergerie Gustave as an intermediary , helps you in the organization of the work but in no case ensures the project management, the work remains under your responsibility. Conciergerie Gustave cannot be held responsible for damage or injury caused by a delay in the delivery of a product or service.
In the case of an Order for product (s) or service (s) offered by one of our Suppliers, invoices are addressed to the Customer and the company La Conciergerie Gustave serves only as an intermediary. The fact that the customer pays the supplier’s invoices through La Conciergerie Gustave does not in any way make the intermediary responsible for the product or service delivered by the supplier.
The Conciergerie Gustave may have to pay for a service when ordering from the service provider. silence / supplier. In this case, the customer agrees to pay the corresponding sum in cash, check or Pay Pal payable to the service provider to La Conciergerie Gustave when making his request. The Conciergerie Gustave, in this case, retains its role of intermediary and does not receive any sum whatsoever. If the customer wishes to pay for the service by credit card, he will get in direct contact with the service provider / supplier.
Upon customer request and acceptance by La Conciergerie Gustave, the latter undertakes to pay Third Party providers and suppliers in the name and on behalf of customers up to a limit of one hundred euros (€ 100). The customer must therefore pay by check, bank transfer, Pay Pal or in cash, the cost of products and services, as well as the commissions due to La Conciergerie Gustave and accepted by the customer, directly to La Conciergerie Gustave Beyond one hundred euros (100 €), the customer agrees to pay either La Conciergerie Gustave before ordering to Third Party Service Providers and Suppliers, or directly to Third Party Service Providers and Suppliers according to the payment terms usually applied by the latter. In this case, the invoices are sent directly by the Service Providers and Third Party Suppliers to the order of the customer.
The customer will therefore contact the supplier of the service or product concerned directly for any claim for compensation or any other request relating to the product or service ordered through La Conciergerie Gustave, to claim compensation.
Under no circumstances will La Conciergerie Gustave be required to compensate non-material damage (consecutive or not) or indirect, such as, in particular, loss of market, commercial damage, loss of profit, etc. In any event, La Conciergerie Gustave’s liability will be limited to direct material damage caused by proven fault on its part and may not exceed 30% of the amount of the order concerned.
Failure to comply with the contract or the agreed delivery deadlines will not result in any compensation of any kind whatsoever at the expense of La Conciergerie Gustave and the same applies to the quality of the services provided. .
If the customer decides to entrust a set of keys to his home to La Conciergerie Gustave in order to perform a service in his absence, a waiver will be signed by the customer in order to release all liability in the event of a dispute.
In any event, La Conciergerie Gustave cannot be held responsible for the non-performance of its obligations in the event of force majeure defined by the Civil Code, and in particular in the event of a total or partial strike, flood, fire, computer failure, etc. (non-exhaustive list).
ARTICLE 9: PROTECTION OF PERSONAL INFORMATION (CNIL)
In accordance with the Data Protection Act of January 6, 1978, the customer has the right to access, rectify and oppose personal data concerning him. For this, it is sufficient for the customer to make a request to La Conciergerie Gustave, by mail, indicating his name, first name and address.
ARTICLE 10: CONFIDENTIALITY
Conciergerie Gustave and the customer undertake, at all times, to respect the confidentiality of information communicated by the other party or of which it becomes aware from this other party, before, during or after the performance of the Services. Therefore, except with the express prior written consent of the other party, each party undertakes:
– not to communicate this confidential information to others than those who need it for the smooth running of the Services (including Service Providers and Third Party Suppliers),
– not to make any use of it other than for the proper performance of the Services.
For the purposes of this article, “confidential information” means any commercial, financial, personal or other information of a confidential nature, belonging or held by one or the other of the parties and which will be communicated in any form. whether to the other party as part of the Services.
The Customer acknowledges having communicated, prior to placing his Order and concluding the contract, in a clear and understandable manner, these General Conditions of Sale and all the information and information referred to in Article L 121- 19 of the Consumer Code.
ARTICLE 11: INTELLECTUAL PROPERTY
The conciergeriegustave.com website, Facebook and Instagram accounts belong to La Conciergerie Gustave
The content of the site, texts, graphics, icons, photos, logos, etc., as well as their formatting, are the exclusive property of La Conciergerie Gustave; with the exception of brands and logos belonging to other partner companies.
Any reproduction, distribution, retransmission or modification of these said elements is strictly prohibited without the prior agreement of La Conciergerie Gustave.
ARTICLE 12: LITIGATION
Any dispute relating to the interpretation and execution of the general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the competent civil courts.