top of page

TERMS OF SALES

SAS HomeLuberon, whose head office is located at xxxx, is a company providing services, stewardship and concierge services for professionals and individuals (hereinafter collectively referred to as the “Company”). The Company may intervene, according to the agreement of the Parties and depending on the skills necessary for the supply of goods or services, as a direct provider or as an intermediary in the context of connecting customers and service providers or third-party suppliers (hereinafter referred to as the “Services”). When the Company acts as an intermediary in the relationship between the customer and third party service providers and suppliers (hereinafter referred to as “Service Providers and Third Party Suppliers”), it is then up to the customer to refer to the General Conditions of Sale of Service Providers. and Third Party Suppliers, in addition hereof.

ARTICLE 1: OBJECT AND APPLICATION OF THE GENERAL CONDITIONS OF SALE

The present General Conditions of Sale dated xxxx (hereinafter referred to as the "GTC") are intended to govern the terms and conditions applicable between the Company and its customers for the performance of the Services carried out either on an ad hoc basis or on a regular basis. by subscribing to a package (hereinafter referred to as the “Package or XXXX Contract”).

Any order for Services irrevocably implies acceptance by the customer of these T & Cs (accessible on the website www.homeluberon.com ) notwithstanding the specific clauses that may appear in this order, unless they have been expressly accepted. by the Society. Any waiver by the Company 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 GTC before placing any order for Services.

ARTICLE 2: ORDER

2.1 Conditions applicable to all orders

Any order will only become final after having been confirmed in writing by the Company by electronic means, after receipt of the dated, signed and sent order form by the customer to the Company by electronic means (at the address: support @ homeluberon. com) or by post. If the Services cannot be carried out 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 the means reasonably possible in order to formulate an alternative proposal to the customer. The alternative proposals will however only be implemented after the written agreement of the customer. 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 be deemed not accepted without any compensation of any kind whatsoever being requested. by the customer. The benefit of the order is personal to the customer and cannot be transferred for the benefit of a third party without the prior written consent of the Company.

Any request for modification or cancellation by the customer of an order confirmed by the Company must be made at least three (3) calendar days before the start of the Services to be taken into consideration by the Company. It being specified that any request for modification remains nevertheless subject to the appreciation and acceptance of the Company. Any request for modification or cancellation by the customer occurring after the period defined in the previous paragraph may be rejected by the Company. In such a case, the price of the order will remain due by the customer and the sums already paid by the customer will in no case be returned.

2.2 Special conditions for the Services for which the Company acts as an intermediary

The order of Services by the customer from the Company does not in any way imply that the sale or provision of the service is carried out directly by the Company.

Despite all the care taken by the Company, if the latter only acts as an intermediary or agent in relations between customers and Service Providers and Third Party Suppliers, the Company does not incur any responsibility relating to the execution. of the sales and / or service contract and the delivery of the products. The Company cannot also be held responsible for damages or prejudices of any nature whatsoever, which may be caused by Service Providers and Third Party Suppliers, including delays in delivery / realization or non-compliance of a product or service. . Delays in delivery / completion do not entail cancellation or modification of the order.

At the customer's request and acceptance by the Company, the latter undertakes to pay the Service Providers and Third Party Suppliers in the name and on behalf of the customers up to the limit of two hundred and fifty euros (€ 250). The customer must therefore pay by check, bank transfer or in cash (cash mandate), the cost of products and services, as well as the commissions due to the Company and accepted by the customer, directly to the Company. Beyond two hundred and fifty euros (250 €), the customer undertakes to pay either the Company before the order to the Service Providers and Third Party Suppliers, or directly to the Service Providers and Third Party Suppliers according to the payment terms usually practiced 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.

ARTICLE 3: PRICES AND PAYMENT

The Services will be invoiced on the basis of the tariffs defined in the tariff proposal established by the Company for the customer. Unless otherwise indicated, the price proposals are free and valid for six (6) months. Beyond this period, a new tariff proposal will have to be established. Any travel costs will be invoiced in accordance with the price proposal. For Services billed by the hour by the Company, any half-hour started will remain due in its entirety.

Notwithstanding the preceding paragraph, the Company may be required to modify the price of the Services (including in the context of a Fixed-price or XXXX Contract), in particular in the event that VAT becomes applicable. The customer will be informed at least one (1) month before the changes come into effect. In the event of disagreement, the customer will have the option to terminate the Contract at the Package or XXXX without termination penalty and without the right to compensation within four (4) months following the entry into force of the modifications.

With the exception of the Services provided under a Fixed-price Contract, upon completion of the Services, an invoice will be sent to the customer. After agreement between the Parties, the Services may be invoiced on a monthly basis in the event of regular or recurring Services.

For any Fixed-price Contract, a monthly invoice will be sent to the customer at the end of the month for the Services performed during the month.

Invoices will be sent to the customer by e-mail or, on request, by post.

Payment will be made upon receipt of the invoice and no later than seven (7) days after the date of dispatch of the invoice. Payments can be made by check, bank transfer or cash (cash mandate).

For invoices drawn up, at the request of a principal, in the name of a third party, the principal and the third party are jointly responsible for the payment of these and the execution of the other commitments provided for in the GTC.

If payment is not made on the due date, late penalties will be applied at the legal interest rate in force. For professional clients and in accordance with article D.441-5 of the French Commercial Code, any late payment automatically entails, in addition to the late payment penalties defined in this article, an obligation for the client to pay a fixed compensation of 40 € for recovery costs.

All prices are net, VAT not being applicable (article 293 B of the General Tax Code).

ARTICLE 4: 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.

To do this, you should send an email to support@homeluberon.com or a post to HomeLuberon, XXXXX.

The Company will not be able to take into account any request for oral withdrawal. According to article L121-20-13 of the Consumer Code, the customer has 14 days from the date of dispatch of 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 be liable for any sum 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 his right to withdraw (according to article L121-20-13 of the Consumer Code).

The Services ordered will take effect at the end of the withdrawal period. However, if it is certain that he does not wish to use his right of withdrawal and that he wants the Services to begin before this 14-day period, the customer can expressly waive his right of withdrawal by indicating it in handwritten form. . Therefore, the Services may begin upon receipt of the order form.

ARTICLE 5: TERMINATION

In the case of a Fixed-Price Contract, if this expressly provides for the possibility for the customer to prematurely terminate the Fixed-Price Contract, this termination can only take place after receipt by the Company of a termination of the Fixed-Price Contract by written notification of the customer by post. In such a case, the termination of the Package Contract will be effective at the end of the month following receipt of the notification. The Services, subject to the Fixed Package Contract, will be performed and invoiced until the effective date of termination.

The Company reserves the right to terminate a Package Contract binding it to its client at any time and without having to justify it. If sums have been committed by the customer for Services not yet performed, a refund will be made.

In the event of non-payment by the customer by the deadlines agreed in the Fixed-price Contract, the Company may terminate the Fixed-price Contract without any compensation being charged to it and without prejudice to any claim for damages. by the Company and the penalties defined in article 3.

ARTICLE 6: LIABILITY AND INSURANCE

The customer expressly acknowledges that in the context of its Services, the Company is only bound by an obligation of means, whether for the Services provided as a service provider or as a simple intermediary. In the context of the Services provided by the Company as an intermediary, in addition to its responsibility as an intermediary, the Company cannot be held liable for any dispute relating to the quality of products or services (including compliance with deadlines or specifications) delivered or performed by a Service Provider and Third Party Supplier. Requests of any kind (complaint, reservation or dispute including warranty or non-compliance problems) relating to the products or services ordered within the framework of the mandate given to the Company, must be addressed directly by the customer to the Service Provider and Third Party Supplier concerned, without the Company being held liable. The Company may nevertheless transmit to the Service Providers and Third Party Suppliers concerned, the letters of complaint sent by the customer.

If the customer entrusts a set of keys to his home to the Company in order to perform a Service in his absence, a waiver will be signed by the customer so that the latter (1) declares that he has no cash, jewelry or any other object of value at his home and (2) releases the Company from any liability in the event of damage which may result from the intervention or even temporary occupation of his home by third parties.

Under no circumstances will the Company be required to compensate non-material damage (consecutive or not) or indirect, such as, in particular, market losses, commercial damage, loss of profit, etc. In any event, the Company'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.

The Company holds a professional multi-risk insurance policy for the performance of its activity.

ARTICLE 7: CUSTOMER COMMITMENT

The customer 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 the Company be held responsible for non-compliance by the client with its legal or fiscal obligations.

The customer undertakes to take out insurance against 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 policies. insurance in accordance with the practices in the matter, in particular with regard to its civil liability towards third parties.

ARTICLE 8: 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 that the customer makes a request to the Company, by mail, indicating his: name, first name and address.

ARTICLE 9: CONFIDENTIALITY

The Company 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. As a result, 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.

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 performance to which their contractual relationship would give rise. In the absence of an amicable settlement at the expiration of a period of three (3) months from the date of notification of the dispute by the requesting party to the other party, exclusive jurisdiction is given to the competent court of XXXX to rule on this dispute.

bottom of page