General terms and conditions of sale!
1) Concerning small-scale DIY services
The service contract is an agreement between the service provider (De Laure entre les mains) and a client. It is not an employment contract, since the service provider is not bound by a relationship of subordination to his client or a subcontracting relationship. The provider is in essence independent. It does not automatically deliver a good and its mission is primarily to provide a given service.
– CHARACTERISTICS OF THE SERVICE PROVIDED
The do-it-yourself services offered by De laure entre les mains concern basic do-it-yourself services that do not require any particular know-how in a limited amount of time. These are basic and occasional services; they do not require any particular professional know-how.
For example: fixing a shelf, putting up a chandelier or curtains, assembling small pieces of furniture delivered in kit form, installing safety equipment such as smoke alarms, grab bars, replacing a seal, etc.
This activity is subject to declaration only.
The following are excluded from the small-scale DIY activity:
Cellar and attic storage, removal activities, building construction, maintenance and repair activities, which correspond to structural, finishing and construction trades.
The installation, maintenance and repair of networks using fluids and of materials and equipment for gas supply, heating and electrical installations.
The sale of products or materials is excluded from the service. However, the supply of small supplies needed for the intervention can be carried out at cost price against reimbursement, but is not eligible for the tax credit.
– QUOTE – VALIDITY
A quotation is valid for a period of one month for work to be carried out within one month of its acceptance by the customer. Any order placed after this period of one month from the date of the proposal must be confirmed again.
The signing of the quotation or order by the client is a firm and final commitment.
The work is expressly limited to that specified in the offer, quotation or order. Additional work and any maintenance work will be subject to a supplementary estimate accepted in advance.
– OWNERSHIP OF SPECIFICATIONS AND PLANS
Specifications, drawings, plans, models, descriptions and working documents remain the exclusive property of De Laure entre les mains. Disclosure to other companies or third parties is prohibited and liable to damages. They must be returned if they are not followed by an order.
Delivery times are given as an indication only, unless otherwise stated on the quotation. De Laure entre les mains is released from any commitment relating to delivery times in the case of :
– where the payment conditions have not been observed by the customer,
– of delay in the delivery of the execution order,
– modification of the work programme,
– of delay of the other trades,
– of additional work,
– where the premises to be fitted out are not made available to us on the scheduled date, where the premises to be fitted out are not made available to us on the scheduled date,
– force majeure or events such as: war, strike by the company or one of its suppliers, transport hindrance, fire, bad weather, or the supplier being out of stock.
– CONDITIONS OF EXECUTION
De Laure entre les mains is only obliged to start the work within the time frame specified in the quote. The works can only be installed once the areas reserved for this purpose have been completed and the masonry, plasterwork and tiling have dried out completely.
The durability of wood depends mainly on the humidity level of the rooms in which the joinery is installed. De Laure entre les mains cannot be held responsible for any deformation, warping or shrinkage of the wood due to variations in humidity.
De Laure entre les mains is exempt from the obligation of a ten-year guarantee. Work on elements that can be separated from the shell is not subject to this insurance obligation, as the damage that may result will not affect the soundness of the structure and will not render the structure unfit for its purpose. The same applies to small jobs that are occasional or of short duration and that do not require professional qualifications, such as small DIY and carpentry jobs, for example.
For work carried out during the day, payment shall be made in full and immediately upon completion of the service.
For work carried out to order following an estimate, payment is made as follows:
– on order: 30% for all quotes up to 500€, 50% for all quotes above that.
– at the start of the work: 30
– the balance on the due date indicated on the invoice, without any discount or deduction of any kind.
In the event of an additional request, or unforeseen complication requiring additional work not foreseen in the initial estimate, De Laure entre les mains reserves the right to revise its price within a limit of 30% compared to the price indicated in the original estimate, without drawing up a new estimate, in order to guarantee the continuation of the work without loss of time.
If the cost of the modification exceeds 30% of the price of the initial quote, a new supplementary quote will be drawn up.
– SUSPENSION OF WORK
In the event of non-compliance with the terms of payment, De Laure entre les mains reserves the right to suspend the work immediately after having put the client on notice to fulfil his commitments.
The work will be accepted on the day of its completion. In the absence of such acceptance within 3 days of completion of the work, the work shall be deemed to have been accepted without reservation.
– PENAL CLAUSES
Breach of contract :
In the event of breach of contract attributable to the client, before completion of the work ordered, the deposit paid at the time of the order shall be retained as a lump-sum compensation. This sum will be supplemented by the amount of supplies and equipment already ordered.
In the event of breach of contract during the course of the work, a lump sum equal to 50% of the amount of the quotation or order, inclusive of tax, shall be added to the invoice for the work carried out.
In accordance with Article L441-6 of the French Commercial Code, late payment penalties must be applied in the event that the sums due are paid after the payment date indicated on the invoice.
The rate of interest for late payment is 30% per month of delay. After notice of default, they run from the date of payment and are calculated on a monthly basis, with the first month counting as a full month.
A fixed indemnity of €40 shall be payable to the creditor for collection costs in the event of late payment. It is applicable only to activities subject to the Commercial Code. This flat-rate amount is in addition to the This flat-rate amount is in addition to the late payment penalties, but is not included in the basis for calculating the penalties.
– RETENTION OF TITLE
The delivered goods remain the property of De Laure until full payment of the price. The delivered goods remain the property of De Laure until the full price has been paid.
In the event that payment is not made within the stipulated period, De Laure entre les mains reserves the right to take back the goods delivered.
Unless explicitly stated otherwise by the client, notified in writing, De Laure entre les mains reserves the right to mention its achievements for the client on its communication documents, advertising and websites and during its promotional and commercial prospecting activities.
– DISPUTE AND JURISDICTION
In the event of a dispute, the client must first contact De Laure entre les mains to obtain an amicable solution.
Otherwise, in the event of a dispute, these conditions being subject to French law, any dispute likely to arise between the parties will be referred to the court in Poitiers.
2) Concerning digital services such as Web development
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties during the sale of digital services performed by the service provider for its Clients, within the framework of its commercial Web development activity, as well as all the resulting digital products.
The Customer acknowledges having read and accepted without reservation the following general terms and conditions of sale as well as the warnings of the law n°57-298 of 11 March 1957 on the artistic property of copyrights concerning intellectual property laws. The Provider reserves the right to change its terms and conditions, packages and prices at any time. These changes will not affect current orders.
Our catalogues, brochures, website and commercial documents are only indicative and do not constitute a binding offer. Our written offers are only valid from the date and for the duration mentioned in the quotation.
De Laure entre les mains is only held by the order.
Any order confirmed in writing on the quotation and having been the subject of payment of the first instalment shall be considered an order
– COMMITMENT OF THE PARTIES
In general, the Client and the Service Provider undertake to cooperate actively to ensure the proper performance of the contract. Each party undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other party to take the necessary measures.
A/ The Client
To enable the Service Provider to carry out its mission, the Client agrees to :
– Draw up detailed specifications that will not be modified, unless agreed by the parties, once they have been approved by the service provider. In the event that changes involve a substantial reworking of the original specifications, these will be invoiced in addition to the original quote.
– Give the Provider the quote (dated, signed and stamped)
– To provide all the documentary, graphic and textual elements necessary for the successful completion of the contract, (in particular in the correct usable formats). The Client also undertakes to provide all the legal information to be added to the documents and assumes responsibility for providing the content of the documents it wishes to put online.
– Provide accurate and truthful information and undertake to notify the Provider of any changes to the data provided. He/she will be solely responsible for any malfunctions that may result from erroneous information.
– Have the necessary rights to the materials provided above, including intellectual property rights. The Client alone may be held liable in this respect. The Customer shall bear the sole burden of any civil or criminal convictions and any legal costs incurred in the event of an action for infringement of these rights. The Client company assumes full and complete responsibility for the choices made in terms of textual and iconographic content appearing in the work delivered, as well as for the use that will be made of it, and in particular for its compliance with the regulations in force. He will hold the Service Provider harmless.
– To collaborate actively in the success of the project by providing the Service Provider, in a timely manner, with all the information and documents necessary for the proper understanding of the needs and the proper execution of the services.
– Strictly comply with the technical recommendations made by the Service Provider.
• Garantir le Prestataire contre toute action qui pourrait lui être intentée du fait du caractère des données ou informations (textes, images, sons) qui auraient été fournies ou choisies par le Client.
– To pay the sums due to the Service Provider within the specified payment periods.
– Inform the Provider of a possible competition with other providers.
B/ The Service Provider
– If necessary, the Service Provider may intervene in the elaboration of the specifications, jointly with the Client.
– The Service Provider undertakes to keep the Client regularly and effectively informed of the progress of the project, in particular by means of validations submitted to the Client.
– With respect to confidentiality and for the duration of this Agreement, the Service Provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the Client, to which it may have had access in the context of the performance of this assignment.
– Given its activity as a web developer, the service provider can only be subject to an obligation of means. It is specified that the service provider cannot be held responsible for problems related to the hosting of the site, for which the Client will be solely responsible if it has entrusted the hosting to a third party, as well as for the editorial content for which the Client is the sole editor. It is specified that the service provider cannot be held responsible for problems related to the hosting of the site, for which the Client will be solely responsible if it has entrusted the hosting to a third party, as well as for the editorial content for which the Client is the sole editor.
It is therefore up to the Client to respect the intellectual property of these elements, in particular by subscribing to the licences required for the type of use envisaged by the Client.
– TERMS AND CONDITIONS
The Client undertakes to transmit to the Service Provider, without delay, all the information, documents and elements in its possession, which are necessary for the proper execution of the service. performance of the service.
The service provider does not have detailed knowledge of the Client’s own professional activities; as such, any professional ambiguities or inaccuracies must be removed and/or explained by the Client as soon as he becomes aware of them.
Following the completion of the web development, if the Client makes any observations, the Service Provider will make the necessary changes provided that they fall within the scope of the service as described in the quote.
The modified website will be sent to the Client for validation.
If no observations are received from the Client within a maximum of one month month, the website shall be deemed validated.
The Client may request a maximum of three times that changes be made before validation.
Any additional modification requested by the Client or any modification or request that does not fall within the scope of the p Any additional modification requested by the Client or any modification or request that does not fall within the scope of the service as described in the quotation, will result in the drawing up of an additional quotation fixing the amount of the remuneration due in this respect.
– PURCHASE ORDER AND START OF WORK
The quotation signed by the Client is deemed to be acceptance and serves as an order form. This must be accompanied by payment of the first instalment of the services to be provided. The work will begin when all the elements (signed quotation, 1st instalment paid) and graphic and textual documentary elements necessary for the proper execution of the contract are available to the Service Provider. Any delay in payment entitles the contractor to suspend the execution of his work.
– INVOICE AND PAYMENT
Unless an additional payment period has been agreed between the two parties and is stated on the invoice, payment shall be made no later than the 30th day following the invoice date.
Any delay in payment shall give rise to late payment penalties payable without reminder, the rate of which is equal to three times the legal interest rate. Any professional in a situation of late payment is automatically liable to the Service Provider for a fixed indemnity for collection costs of 40 €uros.
Payment of the invoice is made by bank transfer or by cheque made out to Laure Sutter. There is no discount for early payment.
There is no discount for early paymentThe prices stated on the quotation are valid for one month from the date of issue. These remain firm and non-revisable if the order is placed during this period.
The services to be provided are those clearly stated on the quotation.
– ADDITIONAL COSTS
The various elements that may be necessary for the performance of the Service Provider’s services and that are not included in its offers are not included in the prices indicated. The following will be invoiced in addition: changes requested by the client during the course of the project, if these involve a reworking of the project (author’s corrections). Unless otherwise specified, the textual content for the project shall be provided by the Client. The Client may also be charged for any travel required for the proper performance of the contract.
An indicative delivery time is specified on the quotation. It corresponds to the period necessary for the realisation of the projects and takes effect on the date of receipt of the order, according to the conditions defined above. This delivery time may be delayed if the Service Provider is not in possession of all the documents provided by the Client for the realisation of its project or if the Client does not carry out the necessary validations.
Delivery times are given as an indication: any delays do not entitle the Customer to cancel the sale, to refuse the execution of the order or to claim damages.
Complaints concerning, among other things, the characteristics or possible non-conformity of the products (websites) must be addressed in writing by registered letter with acknowledgement of receipt to Laure Sutter within fifteen days of delivery. In the absence of a complaint within the applicable time limit and in the prescribed form, the Client will be deemed to have accepted the elements without reservation, which will prohibit any recourse.
In the event of a dispute about the quality and/or conformity of the service to the order, the Client shall communicate to the service provider, without delay, the elements of his dispute. The service provider must be given the opportunity to remedy any deficiencies identified if they are found to be justified.
If the disputes raised by the Client are outside the scope of the contract, a new order will be sent to the Client by the service provider, who is responsible for accepting it.
If the disputes raised by the Client are outside the scope of the contract, a new order will be sent to the Client by the Provider, who is responsible for accepting it.
The service provider will not be liable in the following cases:
– In the event of modification by the client or any other person not authorised by the service provider, of all or part of the elements intended for the correct display or referencing of the website and/or the content of the service.
– For any degradation of the results obtained by the client’s website in internet search tools.
– Display or operating errors resulting from the Customer’s manipulations.
– DOWN PAYMENT AND CANCELLATION OF ORDER
In the event that the Client terminates the contract before the end of its term, the Client formally undertakes to regularise and remunerate the amounts relating to the current schedule, to the items completed or in progress, as well as to the additional services performed. All copyrights remain the sole and complete property of the Service Provider, with the exception of data provided by the Client. The files and source data created and used by the Service Provider cannot be claimed by the Client without a financial contribution. The models, and more generally, all original works, remain the property of the Service Provider, as do the rejected projects. The deposit already paid shall be retained by the Service Provider as compensation for the work undertaken.
– OWNERSHIP OF THE WORK CARRIED OUT
The entire production and related rights, subject of this order, shall remain the full and exclusive property of the Service Provider as long as the invoices issued are not paid in full by the Client, up to the total amount of the order and any amendments concluded during the course of the service. As a corollary, the Client shall become the de facto owner of the production and the rights assigned as of the final payment and settlement of all invoices issued by the Service Provider in connection with the order. Unless otherwise stated in the quotation, the production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Customer. In the absence of such a mention and if the Client wishes to have the sources of the documents or working files relating to its order, an amendment to this document must be requested. a rider to this document must be requested.
– COPYRIGHT AND COMMERCIAL NOTICE
Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include in the production a commercial statement clearly indicating its contribution, accompanied, when the medium allows it, by a hypertext link to the commercial site of its activity.
– RIGHT OF PUBLICITY
The Service Provider reserves the right to mention the work carried out for the Client on its external communication and advertising documents (website, portfolio, etc.) and during commercial prospecting. Any reservation to the right of publicity must be notified and negotiated before the quotation is signed and mentioned on the invoice.
– INABILITY TO WORK
In the event of inability to work due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Client being able to demand compensation. It is assumed that the Service Provider must notify the Client of his incapacity on the first working day.
– FORCE MAJEURE
The parties shall not be held liable or in breach of their contractual obligations where the failure to perform their respective obligations is due to force majeure; the contract between the parties shall be suspended until the causes of force majeure have ceased. Force majeure takes into account facts or circumstances that are irresistible, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonably possible efforts to prevent them. The party affected by the force majeure shall notify the other within five (5) working days of the date on which it becomes aware of it. Both parties will then agree on the conditions under which the contract will be continued.
– LANGUAGE & TRANSLATION
All documents transmitted by the Parties in application of the Convention and, more generally, all communications between the Parties shall be in French. The Parties shall recognise this language as official for their work. In the event that elements of the contract are drafted in several languages, only the French version shall prevail.
– TACIT RENEWAL
For all annual services such as maintenance, referencing, hosting, domain name management, statistics and user support, the contract period is one year. Le contrat se renouvellera par tacite reconduction pour une durée identique. If the client does not wish to renew the contract, he must inform the service provider by registered letter with acknowledgement of receipt, at the latest two months before the anniversary date of the contract.
– SETTLEMENT OF DISPUTES
The contract is subject to French law. In the absence of an amicable agreement between the parties, any dispute or litigation relating to the interpretation or execution of this contract will be brought before the competent courts within the jurisdiction of the City of Poitiers, to which they expressly attribute jurisdiction, even in the event of multiple defendants, appeal for guarantee or summary proceedings.