General terms and conditions of sale
The present general conditions of sale and the special conditions negotiated between the company and the customer determine the rights and obligations of each of them. They apply automatically to the removal operations covered by this contract.
CHAPTER I: GENERAL PROVISIONS
Article 1 - INFORMATION ON THE CONDITIONS OF THE MOVE
At the request of the company, the customer must provide all information of which he has knowledge allowing the material realization of the removal, as well at the place of loading as of delivery (conditions of access for the personnel and the vehicle, possibility of parking, work in progress and all other particularities). The customer is informed in advance of the additional costs that he/she may have to bear in the event of missing or inaccurate information. The customer must also indicate the objects whose transport is subjected to a special regulation (wines, alcohols, weapons, etc.), the possible administrative formalities being with its load. A free estimate describing the characteristics of the planned operation is provided by the company to the customer.
Article 2 - TERMINATION OF THE CONTRACT
Unless otherwise stipulated in the special conditions, any amount paid in advance is considered a deposit. Except in case of force majeure: In case of cancellation by the customer, the deposit is not refunded; In case of cancellation by the company or default of the latter, the professional returns the double.
Article 3 - HOME WALKS
In case of door-to-door selling and subscription of a contract outside the establishment, the customer, in application of the article L 121-21-8 12° of the Code of the Consumption, does not profit from a right of retractation. No payment will be perceived before the expiration of a seven days deadline as from the conclusion of the contract outside the establishment.
Article 4 - DAMAGE INSURANCE
The company has the right to propose to the customer to subscribe a damage insurance intended to guarantee the furniture against certain risks for which it does not assume any legal responsibility. The cost of this insurance is made known to the customer, who can decide whether or not to subscribe to it.
Article 5 - DEADLINES FOR PERFORMANCE
If, at the request of the client, no formal date or period of performance is fixed, the client may send a formal notice of default by registered letter to the company, if the latter has not undertaken the transport within a normally foreseeable period. The company shall have a period of ten days from the date of the notice of default to perform the agreed operation. In the absence of execution within the ten-day period, except in cases of force majeure, the contract shall be considered terminated by the company and the sums paid shall be returned.
CHAPTER II: PRICES AND PAYMENT TERMS
ARTICLE 6 - PRICES AND TERMS OF PAYMENT
The prices fixed in the contract can only be modified if unforeseeable expenses independent of the will of the company, related to the modalities of realization, occur before the beginning of the operation. The customer and the company can however decide by mutual agreement to modify the provisions envisaged in the contract subject to agreeing on new modalities and the consequences which can result from it on the fixed price, in particular for all additional services not envisaged in the initial contract.
ARTICLE 7 - VALIDITY OF PRICES
If the date of completion has not been set, the company and the customer determine the validity of the prices from the date of the estimate.
ARTICLE 8 - PAYMENT TERMS
The special conditions shall provide after negotiation:
- the amount of the deposit paid at the time of order,
- the amount of the interim payment, if any, at the end of the loading,
- the balance at the end of the removal contract. In case of late payment, a fixed compensation for collection costs of 40 euros will be charged.
CHAPTER III: PERFORMANCE OF SERVICES
ARTICLE 9 - SERVICES PERFORMED BY THE COMPANY
The services are agreed with the customer before each operation and precisely defined in the estimate. The company does not assume responsibility for people, animals, plants, dangerous, infectious, explosive or inflammable materials, jewelry, coins, precious metals or securities. Any exception to this rule must be the subject of a written agreement between the company and the customer before the beginning of the realization.
SECTION 10 - THIRD PARTY IMPLEMENTATION
The company retains the right to entrust, under its own responsibility, the total or partial execution of the removal to a third company called "executing company". In the event that the contracting company uses this option, the customer must be informed of the identity of the executing company at least 48 hours before the date of execution; the customer has the right to refuse and the sums will then be refunded.
ARTICLE 11 - MANDATORY PRESENCE OF THE CLIENT
The customer or his representative must be present at both the loading and the delivery; he must verify, before the departure of the vehicle, that no object has been left in the premises and outbuildings where the furniture was located. The company's representative is entitled to demand that the customer provide written proof of any damage prior to the move.
CHAPTER IV: CORPORATE RESPONSIBILITY
ARTICLE 12 - LIABILITY FOR DELAY
The company is obliged to carry out the removal according to the date of loading and delivery, or in case of grouping according to the period indicated on the consignment note. Except in cases of force majeure, the compensation due in case of delay is calculated according to the damage demonstrated and borne by the customer.
ARTICLE 13 - LIABILITY FOR LOSS OR DAMAGE
The company is responsible for the furniture and objects entrusted to it, except in cases of force majeure, inherent defect of the thing or fault of the customer. The company is not responsible for the malfunctioning of electrical, computer, electronic, musical and mechanical equipment, and declines all responsibility for operations that are not carried out by its employees or its substitute intermediaries.
ARTICLE 14 - COMPENSATION FOR LOSS AND DAMAGE
Depending on the nature of the damage, losses and damages give rise to repair, replacement or compensation. The compensation is limited to the proven material loss and the special conditions negotiated between the company and the customer. These special conditions fix - under penalty of automatic nullity of the contract - the maximum amount of compensation for the totality of the furniture and for each object or item of furniture. They may also fix the maximum compensation for the items on a valued list. The customer is informed of the resulting costs.
ARTICLE 15 - PRESCRIPTION
Legal action for damage, loss or delay arising out of the removal contract must be brought within one year of delivery of the furniture.
CHAPTER V: DELIVERY OF FURNITURE AND FORMALITIES IN CASE OF DAMAGE
ARTICLE 16 - HOME DELIVERY OF FURNITURE
Upon receipt, the customer must check the condition of the furniture and give discharge upon completion of the delivery using the declaration of completion of work. In case of loss or damage, and to safeguard his rights and means of proof, the customer should issue written, precise and detailed reservations as soon as the furniture is delivered and set up, in the presence of the company's representatives. In case of absence of reserves at the delivery or in case of reserves contested by the representatives of the company on the consignment note, the customer must, in case of loss or damage, address his motivated protest to the company by a registered letter. These formalities must be completed within 10 calendar days from receipt of the transported items as provided for in Article L.121-95 of the Consumer Code (including Saturdays, Sundays and public holidays). Failing this, the customer is deprived of the right to act against the company.
ARTICLE 17 - DELIVERY OF THE FURNITURE TO THE FURNITURE STORE AT THE CLIENT'S REQUEST
The delivery in furniture storage is assimilated to a home delivery and puts an end to the removal contract. The entry fees are distinct and invoiced to the customer by the furniture storage company which assumes the custody of the furniture. The rent of the month of entry is calculated on a pro rata basis & the rent of the month of exit is due in its entirety. The volume used may not correspond to the invoiced volume of the removal. The loading of individual 8 m3 containers is different from that of a removal truck.
SECTION 18 - DEPOSIT REQUIRED DUE TO IMPEDIMENT TO DELIVERY
In case of absence of the customer at the delivery addresses indicated by him, or of material impossibility being not the fact of the company, the furniture is placed automatically in a furniture depository, at the diligence of the company and at the expense of the customer. The company reports to the customer of this deposit operation, which puts an end to the removal contract.
ARTICLE 19 - AMICABLE SETTLEMENT OF DISPUTES - MEDIATION OF CONSUMER DISPUTES
In accordance with the provisions of the Consumer Code relating to the "mediation process for consumer disputes", the customer has the right, with a view to the amicable resolution of a dispute arising from the contract and opposing him to the company, to have recourse free of charge and under the conditions laid down by the said code, to a consumer mediator.
The company's referent mediator is AME Conso, which can be reached at https://www.mediationconso-ame.com or 11 Place Dauphine 75001 Paris.
The removal will be carried out under the present general conditions and the special conditions shown on the front. After having read them, the customer declares to accept them.