Conditions générales

GENERAL TERMS AND CONDITIONS OF SERVICE PROVISION AND PRODUCT SALES

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale and Service Provision (“T&Cs”) apply, without restriction or reservation, to all Services offered by Mr. Liam ROSE, sole proprietorship registered under SIRET number 504 836 230 00020 with its establishment at 80 impasse de la Pierre qui Tourne – 74130 GLIERES VAL DE BORNE (“the SERVICE PROVIDER”) to consumers and non-professional clients (“the Client(s)”), said Services being defined as all plumbing and electrical work in the context of construction and renovation projects for real estate properties.

They also apply to the supply of all Products necessary for the completion of the aforementioned work (the “Products”) if such products are not directly supplied by the Client or other suppliers.

These T&Cs are systematically communicated to any Client prior to the conclusion of the contract and shall prevail, where applicable, over any previous version or any other contradictory document.

The Client declares having taken note of these T&Cs and having accepted them before the conclusion of the contract for the provision of Services and Products.

Validation of the order for Services and Products by the Client constitutes acceptance without restriction or reservation of these T&Cs.

As these T&Cs may be subject to subsequent modifications, the version applicable to the Client’s purchase is that in force on the day of the conclusion of the contract.

ARTICLE 2 – ORDERS

The order is materialized by the Client’s signature of the quote prepared by the SERVICE PROVIDER containing the description and prices of the Services and, where applicable, the Products ordered. It is the Client’s responsibility to verify the accuracy of the order before signing and to immediately report any errors.

The sale will only be considered final after the Client’s signature of the quote or order form, delivery to the Client by the SERVICE PROVIDER of written confirmation of acceptance of the order, and after receipt by the SERVICE PROVIDER of the full deposit due by the Client upon signing the quote as indicated therein.

The SERVICE PROVIDER reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to payment of a previous order.

In the event of cancellation of the order by the Client after its acceptance by the SERVICE PROVIDER, for any reason whatsoever except force majeure, the deposit paid upon order, as defined below, shall be automatically acquired by the SERVICE PROVIDER and shall not give rise to any refund.

ARTICLE 3 – PRICING

The Services offered by the SERVICE PROVIDER are provided at the rates mentioned in the quote. The price indicated in the order confirmation by the SERVICE PROVIDER is, unless otherwise stated in the quote, the final price. Prices are expressed in euros, excluding tax and including tax.

An invoice is prepared by the SERVICE PROVIDER and given to the Client upon provision of the Services ordered.

ARTICLE 4 – PAYMENT CONDITIONS

Unless otherwise stated in the quote, a deposit corresponding to 30% of the total price of the Services and Products ordered is required when the Client places the order. This deposit cannot in any case be qualified as a down payment.

The balance must be paid in 4 installments as the Services are performed by the SERVICE PROVIDER – the payment schedule for the balance is set in the quote. Each payment must be made in cash on its due date against presentation of the invoice. The corresponding invoices are payable upon receipt.

Special payment conditions for Products: Invoicing occurs in full upon delivery of the Products ordered, even if they are not yet installed. Any delivery of part of the Products is immediately invoiced. The corresponding invoices are payable upon receipt.

The following payment methods are authorized: bank check or wire transfer. Checks are deposited upon receipt. Payments will only be considered final after actual collection of the amounts due by the SERVICE PROVIDER.

In case of late payment and payment of amounts owed by the Client beyond the above-mentioned deadlines, and after the payment date shown on the invoice sent to them, monthly late payment penalties calculated at a rate of 10% of the VAT-inclusive price of the provision of unpaid Services and Products will be automatically and rightfully acquired by the SERVICE PROVIDER, without any formality or prior notice.

Late payment will result in the immediate due date of all amounts owed by the Client, without prejudice to any other action that the SERVICE PROVIDER may be entitled to take against the Client in this regard.

Furthermore, the SERVICE PROVIDER reserves the right, in case of non-compliance with the payment conditions above, to suspend or cancel the provision of Services and Products ordered by the Client and/or to suspend the performance of its obligations.

ARTICLE 5 – PROVISION OF SERVICES

The Services ordered by the Client will be, unless otherwise stated in the quote, provided within a maximum period of two months from the final validation of the Client’s order.

Product delivery times are indicated in the quote. By way of exception, the Services for installing products can only be performed once the Products are installed or once the Client has received products they ordered themselves, and can only be provided once these products are delivered.

The SERVICE PROVIDER undertakes to make its best efforts to provide the Services ordered by the Client within a best-efforts obligation framework and within the above-mentioned deadlines. However, these deadlines are provided for information purposes only and are subject to modification if studies and analyses conducted by the SERVICE PROVIDER and building professionals consulted by the SERVICE PROVIDER reveal particular technical constraints or difficulties requiring additional time – in which case the Service Provider will inform the Client and provide a new deadline for performance of its Services.

If the Services ordered have not been provided within one month after the end of the above-mentioned indicative deadlines, for any reason other than force majeure or the Client’s fault, the sale may be terminated at the written request of the Client under the conditions provided in articles L.216-6, L.216-7 and L.241-4 of the Consumer Code.

The deposit and amounts paid by the Client will then be returned to them within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In case of a special request from the Client concerning the conditions of provision of Services, duly accepted in writing by the SERVICE PROVIDER, the related costs will be subject to a subsequent additional specific invoice.

Client Reservations and Claims:

In the absence of reservations or claims expressly made by the Client upon provision of Services, they will be deemed to conform to the order, in quantity and quality.

The Client will have a period of 8 days from the provision of Services to issue, in writing, such reservations or claims, with all related supporting documents, to the Service Provider.

No claim may be validly accepted in case of non-compliance with the formalities and deadlines by the Client.

The SERVICE PROVIDER will reimburse the Client or rectify (to the extent possible) as soon as possible and at its own expense, the Services whose non-conformity has been duly proven by the Client.

The SERVICE PROVIDER is not responsible for the performance by any other service providers it may have recommended of work and tasks that would be entrusted by the Client to any other service providers or suppliers. Only the liability of said service providers may be engaged in this case.

ARTICLE 6 – PRODUCT DELIVERY

The SERVICE PROVIDER only supplies the Products specifically mentioned in its quote or in any other additional quote.

For Products sold by the Service Provider:

• Delivery will be made by the SERVICE PROVIDER or any carriers of the SERVICE PROVIDER to the location validated between the Client and the SERVICE PROVIDER, and the quote includes all Product delivery costs.
• The Client alone is required to verify the apparent condition of products upon delivery and that the Products correspond to the order and the Client’s needs. It is the Client’s responsibility to immediately and without delay report to the SERVICE PROVIDER, in writing, the existence of defects within a maximum period of 48 hours from their discovery.
• In the absence of reservations expressly made by the Client upon delivery, the Products delivered by the SERVICE PROVIDER will be deemed to conform in quantity and quality to the order. The SERVICE PROVIDER will not be responsible in any way if the Client has not reported to the SERVICE PROVIDER any defects in the Products or any conformity issues with the Products.

Transfer of ownership

The transfer of ownership of Products sold by the Service Provider to the Client will only be realized after complete payment of the price by the latter, regardless of the delivery date of said Products.

Transfer of risks

The transfer to the Client of risks of loss and deterioration will be realized upon signing of the “delivery note,” that is, when the Products are delivered to the address indicated on the quote, even if they are not yet installed.

For products NOT sold by the SERVICE PROVIDER (that the Client will have provided or ordered from a third party), the Client acknowledges and accepts the following:

• It is the Client’s responsibility to verify the quality, reliability, suitability of products to the project, the Client’s needs or the technical characteristics of the project.
• The Client remains solely responsible in case of error in quantities, reference or other characteristics of said products due to a Client error, the SERVICE PROVIDER’s liability cannot be engaged.
• The Client remains solely responsible in case of delay or suspension of delivery.

ARTICLE 7 – CLIENT OBLIGATIONS AND RESPONSIBILITY

It is the Client’s responsibility to:

• Provide the SERVICE PROVIDER with all information and documents requested by the SERVICE PROVIDER within the timeframes requested and to verify under their sole responsibility their accuracy and completeness.
• Make the necessary arrangements at their exclusive expense and under their responsibility, for the purpose of obtaining all administrative authorizations, permits or others of any nature whatsoever.
• Allow the SERVICE PROVIDER and its representatives to access the client’s property with reasonable advance notice and at any time during the performance of the SERVICE PROVIDER’s Services.
• Not to use or handle the Products during their delivery or before their complete installation by the SERVICE PROVIDER.

The Client will be solely responsible for the consequences of non-compliance with the obligations imposed on them by this article. The SERVICE PROVIDER’s liability cannot be engaged in case of non-compliance by the Client with their obligations.

The Client will be solely responsible for all damage, deterioration or theft suffered by the Products after their receipt on site, even if installation has not yet been completed.

ARTICLE 8 – SERVICE PROVIDER LIABILITY – WARRANTY

Products and Services provided by the SERVICE PROVIDER to non-professional Clients comply with regulations in force in France and have performance compatible with non-professional uses.

The Client benefits automatically and without additional payment from the legal warranty of conformity and the legal warranty against hidden defects under the conditions and according to the terms set forth herein.

Legal Warranty of Conformity

The SERVICE PROVIDER undertakes to deliver Products and Services conforming to the contractual description as well as to the criteria set out in article L217-5 of the Consumer Code.

It is responsible for defects of conformity existing at the time of delivery of Products and Services and which appear within two years from it.

This warranty period applies without prejudice to articles 2224 and following of the Civil Code, the statute of limitations beginning to run from the day the Client becomes aware of the defect of conformity.

Defects of conformity that appear within twenty-four months or twelve months if it is second-hand goods from the delivery of Products are, unless proven otherwise, presumed to exist at the time of delivery.

In case of defect of conformity, the Client may require the conformity of Products or Services delivered by repair or their replacement or, failing that, a price reduction or the termination of the sale, under legal conditions.

Legal Warranty Against Hidden Defects

The SERVICE PROVIDER is responsible for hidden defects under the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

The Client may decide to implement the warranty against hidden defects of Products or Services in accordance with article 1641 of the Civil Code; in this case, they can choose between termination of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

Commercial Warranties

Products may benefit, in addition to legal warranties of conformity and hidden defects, from a contractual warranty at no additional cost as indicated on the quote for each Product concerned, according to the terms and conditions below or those appearing on the order form or manufacturer’s instructions if these are more restrictive (Warranty Contract).

This commercial warranty only applies to Products that are:

• Paid in full;
• And which are returned to the SERVICE PROVIDER with the dated and stamped warranty card and properly packaged.

ARTICLE 9 – INTELLECTUAL PROPERTY – IMAGE RIGHTS

The SERVICE PROVIDER remains the owner of all intellectual property rights to studies, drawings, models, prototypes, etc., produced (even at the Client’s request) for the purpose of providing Services and Products to the Client.

The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, who may condition it on financial compensation.

Unless otherwise stated in the quote, the Client expressly authorizes the SERVICE PROVIDER (i) to use photos taken by the SERVICE PROVIDER (or any third party mandated by the latter) of Products in their environment during or after their installation in order to publish them on its website, and (ii) to state, to its clients and in particular on its website, that it sold the Products to the Client by only referring to the Client’s name and the installation location of Products, excluding all other personal data concerning the Client.

ARTICLE 10 – FORCE MAJEURE

The Parties cannot be held responsible if the non-performance or delay in the performance 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 or exceptional health or climatic hazards beyond the Parties’ control.

The Party noting the event must immediately inform the other Party of its inability to perform its service and justify it to them. The suspension of obligations cannot in any case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late penalties.

The performance of the obligation is suspended for the entire duration of force majeure if it is temporary and does not exceed thirty days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume normal performance of their contractual obligations as quickly as possible. For this purpose, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is permanent or exceeds thirty days, these shall be purely and simply terminated according to the terms defined in the article “Termination for force majeure.”

During this suspension, the Parties agree that the costs generated by the situation will be borne by the prevented party.

ARTICLE 11 – CONTRACT TERMINATION

In case of sufficiently serious non-performance by either party of one of its contractual obligations referred to herein or in the order form, the contract may be terminated at the discretion of the injured party, 30 days after sending a notice to perform, which remained, in whole or in part, without effect. The notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act. This notice must mention the intention to apply this clause.

ARTICLE 12 – APPLICABLE LAW – LANGUAGE

By express agreement between the parties, these T&Cs and the operations resulting from them are governed by and subject to French law. These T&Cs are drafted in French – any delivery by the Service Provider of an English version of these T&Cs is for information purposes only, only the French version has legal value.

ARTICLE 13 – DISPUTES

ALL DISPUTES TO WHICH PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE MAY GIVE RISE, CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR EFFECTS AND WHICH COULD NOT BE RESOLVED AMICABLY BETWEEN THE SERVICE PROVIDER AND THE CLIENT, WILL BE SUBMITTED TO COMPETENT COURTS UNDER COMMON LAW CONDITIONS.

The Client is informed that they can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission or with a qualified mediator, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.

ARTICLE 14 – PERSONAL DATA

In application of law 78-17 of January 6, 1978 as amended by law no. 2018-493 of June 20, 2018, it is recalled that personal data collected from Clients are subject to computer processing carried out by the SERVICE PROVIDER. They are recorded in its customer file and are essential for processing orders and establishing invoices, in particular. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable warranties.

The data controller is the SERVICE PROVIDER.

Access to personal data will be strictly limited to employees of the data controller, authorized to process them because of their functions.

The information collected may possibly be communicated to the Service Provider’s partners responsible for the execution, processing, management, payment of Services ordered, without the Client’s authorization being necessary.

In accordance with applicable regulations, the Client has a right of access, rectification, erasure, and portability of data concerning them, as well as the right to object to processing for legitimate reasons, rights that they can exercise by contacting the data controller at the postal address mentioned at the head of these or at the email address [email protected].

ARTICLE 15 – PRE-CONTRACTUAL INFORMATION – CLIENT ACCEPTANCE

The Client acknowledges having had communication, prior to the immediate purchase or placing of their order and the conclusion of the contract, in a clear and understandable manner, of these General Terms and Conditions of Sale and all information listed in article L.221-5 of the Consumer Code and in particular the following information:

• The essential characteristics of Services and Products;
• The price of Services and Products and ancillary costs (delivery, for example);
• In the absence of immediate performance of the contract, the date or deadline by which the SERVICE PROVIDER undertakes to provide the Services and Products ordered;
• Information relating to the SERVICE PROVIDER’s identity, postal, telephone and electronic contact details, and its activities, if they do not emerge from the context;
• Information relating to legal and contractual warranties and their implementation procedures;
• The possibility of resorting to conventional mediation in case of dispute.

The fact that a natural person (or legal entity) makes an immediate purchase or orders a Service or Product entails adherence and full acceptance of these T&Cs and obligation to pay for the Services ordered, which is expressly acknowledged by the Client, who waives, in particular, relying on any contradictory document, which would be unenforceable against the SERVICE PROVIDER.