TERMS AND CONDITIONS
The company AE RESEAUX developing concierge services under the trade name Adopte une Conciergerie with its registered office at 11 Allée des Gouttes 88210 SENONES and with its business address at 91 route des romains 67200 STRASBOURG, is a company providing stewardship and concierge services for professionals and individuals. The Conciergerie may intervene, according to the agreement of the Parties and according to the skills necessary for the supply of goods or services, as a direct service provider or as an intermediary in the context of connecting customers and third-party service providers or suppliers. When the Conciergerie intervenes as an intermediary in the relationship between the client and third-party service providers and suppliers, it is then up to the client to refer to the General Conditions of Sale of Third-Party Service Providers and Suppliers, in addition to these.
ARTICLE 1: PURPOSE AND APPLICATION 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 the Conciergerie and its clients for the performance of the services provided either on an ad hoc basis or on a regular basis. Any order for Services irrevocably implies the client's acceptance of these T&Cs notwithstanding the specific clauses which may appear in this order, unless these have been expressly accepted by the Conciergerie. Any waiver by the Conciergerie of one or more of these clauses has no effect on the validity of the other clauses. The customer declares to have read and accepted the GCS before placing any order for Services.
ARTICLE 2: ORDER:
2.1Conditions applicable to all orders:
Any order will become final only after having been confirmed in writing by the Conciergerie or the company AE RESEAUX by
electronically, after receipt of the order form dated, signed and sent by the customer to the Conciergerie electronically (at the address: hello@adopteuneconciergerie.fr) or by post. If the Services cannot be performed under the conditions envisaged at the time of the realization of the tariff proposal by the Company, the latter undertakes to put in place all reasonably possible means in order to formulate an alternative proposal to the customer. The alternative proposals will however only be implemented after the customer's written agreement. In the absence of confirmation of the order by the Company within 48 hours or if no replacement solution is found or accepted by the customer, the order will not be accepted without
that no compensation of any kind whatsoever can be requested by the customer. The benefit of the order is personal to the customer and cannot be transferred to the benefit of a third party without the prior written consent of the Conciergerie.
Any request for modification or cancellation by the customer of an order confirmed by the Conciergerie must be made at least three (3) calendar days before the start of the Services to be taken into consideration by the Conciergerie. It being specified that any request for modification nevertheless remains subject to the assessment and acceptance of the Conciergerie. Any request for modification or cancellation by the customer occurring after the period defined in the previous paragraph may be rejected by the Conciergerie. In such a case, the price of the order will remain due by the customer and the sums already paid by the customer will not be refunded under any circumstances.
2.2 Special conditions for the Services for which the Conciergerie acts as an intermediary:
The order of services by the customer from the Conciergerie does not in any way presume that the sale or the service of
service is carried out directly by the Conciergerie.
Despite all the care taken by the Conciergerie, if the latter only intervenes as an intermediary or agent in the relations between the customers and the Service Providers and Third Party Suppliers, the Conciergerie incurs no liability relating to the execution of the sales and/or service contract and the delivery of the products. The Conciergerie cannot also be held responsible for damages or prejudice of any nature whatsoever, which would be caused by Third Party Providers and Suppliers, including delays in delivery/performance or non-compliance of a product or service. . Delays in delivery/performance do not entail cancellation or modification of the order.
ARTICLE 3: PRICES AND PAYMENT:
The Services will be invoiced on the basis of the prices defined in the price proposal established by the Conciergerie for the customer. Unless otherwise stated, price quotes are free and valid for six months. Beyond this period, a new tariff proposal must be drawn up. Any travel costs will be invoiced in accordance with the tariff proposal. For services billed by the hour by the Company, any half-hour started remains due in full. Notwithstanding the preceding paragraph, the Conciergerie may modify the price of the Services, in particular in the event that VAT becomes applicable. The customer will be informed at least one month before the entry into force of the modifications. Upon completion of the services, an invoice will be sent to the customer. After agreement of the Parties, the Services may be invoiced on a monthly basis in the case of regular or recurring Services. Invoices will be sent to the customer by e-mail or, on request, by post.
Payment will be made upon receipt of invoice and at the latest seven days after the date of dispatch of the invoice. Payments can be made by cheque, bank transfer or cash. For invoices established, at the request of a principal, in the name of a third party, the principal and the third party are jointly and severally liable for the payment thereof and the performance of the other commitments provided for in the T&Cs.
In the absence of payment on the due date, late payment penalties will be applied at the legal interest rate in force. For professional customers and in accordance with article D.441-5 of the Commercial Code, any delay in payment automatically entails, in addition to the late payment penalties defined in this article, an obligation for the customer to pay a fixed indemnity of 40 € for recovery costs.
ARTICLE 4: LIABILITY AND INSURANCE:
The client expressly acknowledges that in the context of its Services, the Conciergerie is only bound by an obligation of means, whether for the services provided as a service provider or as a simple intermediary. As part of the Services provided by the Conciergerie as an intermediary, in addition to its liability as an intermediary, the liability of the Conciergerie cannot be engaged for any dispute relating to the quality of the products or services (including respect deadlines or specifications) delivered or carried out by a Service Provider and Third Party Supplier. Requests
of any kind (complaint, reservation or dispute, including warranty or non-conformity issues) relating to the products or services ordered under the mandate given to the Company, must be addressed directly by the customer to the Service Provider and Third Party Supplier concerned, without the liability of the Company being engaged. The Conciergerie may nevertheless transmit to the Service Providers and Third Party Suppliers concerned, the letters of complaint sent by the client.
If the customer entrusts a set of keys to his home to the Conciergerie in order to perform a Service in his absence, a discharge will be signed by the customer so that the latter declares that he does not have cash, jewelry or any other object. of value to his home and releases the Conciergerie from any liability in the event of damage that
could result from the intervention or even temporary occupation of his home by third parties.
Under no circumstances will the Conciergerie be required to compensate immaterial (consecutive or not) or indirect damage, such as, in particular, loss of market, commercial prejudice, loss of profit, etc. In all
assumption, the responsibility of the Conciergerie will be limited to direct material damage caused by a proven fault on its part and cannot exceed 30% of the amount of the order concerned.
The Conciergerie holds a professional multi-risk insurance policy for the performance of its activity.
ARTICLE 5: CUSTOMER COMMITMENT :
The customer undertakes to comply with all the laws and regulations applicable to him, in particular those relating to the rental of furnished tourist accommodation. Under no circumstances can the Conciergerie be responsible for the client's non-compliance with his legal or tax obligations. The customer undertakes to take out insurance against all risks and direct or indirect damage that may affect all of its equipment and installations and declares that it is and will be, for the duration of these presents, covered by all policies insurance in accordance with the practices in the matter, in particular with regard to its civil liability with regard to third parties.
ARTICLE 6: PROTECTION OF PERSONAL INFORMATION (CNI) :
In accordance with the Data Protection Act of January 6, 1978, the customer has a right of access, rectification and opposition to personal data concerning him. For this, it is sufficient for the client to make a request to the Conciergerie, by post, indicating his surname, first name and address.
Or contacting the CNIL by mail: CNIL - Complaints Department - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
ARTICLE 7: CONFIDENTIALITY:
The Conciergerie and the client undertake, at all times, to respect the confidentiality of the 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, unless there is a written, express and prior agreement from the other party, each of the parties undertakes:
- not to communicate this confidential information to anyone other than those who need it for the smooth running of the Services (including Third-Party Service Providers and Suppliers),
- not to make any other use than that of 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 other of the parties and which will be communicated, in any form whether to the other party within the framework of the Services.
ARTICLE 10: APPLICABLE LAW AND JURISDICTION:
By express agreement, these general conditions of sale are governed by French law. The parties will endeavor to resolve amicably any dispute relating to the validity, interpretation or execution to which their contractual relationship may give rise. In the absence of an amicable settlement at the end of a period of three months from the date of notification of the dispute by the applicant party to the other party, exclusive jurisdiction is given to the competent Court of Epinal to rule on this dispute.