Article 1 – Glossary of terms used
The terms listed below will have the following definitions for the Parties:
« CGV»: these general conditions of sale which describe the obligations of the parties applying to the entire market, initial quote and possible subsequent amendments to the work carried out by ASAP Serrurerie;
« the customer»: the adult natural person or the company for whom ASAP Serrurerie carries out a service or its designated representative for monitoring the work;
« the offer»: the quote, contract or orders issued by ASAP Serrurerie;
« the contract»: all contractual documents signed and accepted by both parties;
« the society» or «the company» or «the provider»: the company ASAP Serrurerie;
« the parts»: refers collectively to the Company and the Client;
« the services»: the work carried out by ASAP Serrurerie (supplies and implementation).
Article 2 – Purpose of the GT
The General Terms and Conditions determine the rights and obligations of ASAP Serrurerie and the Client within the framework of a works contract.
It is expressly recognized by the Customer that signing the quote and/or order form constitutes express, irrevocable, complete and unreserved acceptance of these General Terms and Conditions of which he declares having read beforehand and which can be consulted, at any time, on the website of the ASAP Serrurerie Company on www.asapserrurerie.fr by clicking on the “General Conditions” tab.
Article 3 – Quote, contract and orders
The quote (or contract or orders) between the Company and the Client consists of the following contractual documents, classified in order of priority: 1-the quote (or contract or orders) and the signed amendments; 2-these General Terms and Conditions; 3-any other signed contractual documents (schedules, CCTP, etc.). All of the documents cited in this paragraph constitute the Contract, to the exclusion of any other document, prospectus, catalog or product photographs which have only indicative value. No quote (or contract or orders) may be retained by the Company without receipt of the first deposit unless there is an exceptional agreement between the Company and the Client.
Each quote (or contract or orders) will be subject to a site visit as well as a technical counter-visit, if necessary, after signing the quote implying full acceptance of these General Terms and Conditions. The validity period of the quote sent by the Company to the Customer by email is one month.
The Customer must return to the Company,Firstly, the quote bearing acceptance of the T&Cs, duly dated, signed by him with the obligatory handwritten information specified on the quote, andon the other hand, pay the Company a first deposit of 50% of the final amount of the estimate by bank check, bank transfer or in cash. In addition, it is specified that the technical counter-visit is not obligatory and, if it were to take place, would only be carried out after receipt of the first deposit.
However, it is the sole responsibility of the Customer to ensure, beforehand, that the quote corresponds to the desired services. The Company cannot be held responsible, in particular, as part of its duty to advise, for any error or omission by the Customer when accepting the quote. Finally, all supplies chosen and validated by the Customer, as mentioned in the signed quote, cannot be replaced or canceled unless expressly agreed between the parties.
After the period of one month, the Customer must request a new quote from the Company.
Article 4 – Rates, price (a), terms of payment (b), default of payment-penalties (c) and reservation of ownership-transfert of risks (d)
a- The cost of a call-out is set at €80 excluding tax, and the labor rate is €80 excluding tax per hour. These rates are exclusive of tax, with VAT applicable at 10% or 20%, based on the current VAT rate. These rates are subject to a 50% increase for any intervention after 6 p.m. and a 100% increase for interventions after 10 p.m., on weekends, and public holidays.
Prices are exclusive of taxes or all taxes included, once a quote is established, on the basis of the VAT rate in force on the date the offer is submitted. Hours of labor started are due.
Any subsequent variation in this rate, imposed by law, will be automatically reflected in the Company’s rates.
The price of the services is provided and takes into account for the Company the fact of being responsible for the supplies and their transport to the site.
It is specified that any work not explicitly provided for in the contractual documents will be considered as additional work and will therefore give rise to the signing of a new estimate called “ADDITION to estimate no. xxx”, before their execution, which must be accepted, dated and signed, in the same manner as the initial estimate by the Parties.
b- Payments are made by postal or bank check, by bank or postal transfer, by credit card or cash. In any case, the start of the services will only begin after verification of the receipt of the first deposit on the Company’s bank account and respecting the withdrawal period of 14 days provided for by law, except for the exception provided for in the Article 5 of these General Terms and Conditions. Total payment will be made according to the following terms: for the supply and installation of exterior joinery or locksmithing services: 50% upon ordering and 50% once the work is completed, with or without reservation.
Without dispute addressed to the Company, 48 hours after receipt of the call for funds, an invoice will be established and can no longer be contested for payment, which must take place within 8 calendar days from the date of issue.
If the Client were to have recourse to a credit intended to finance the services and works, objects of the contract, he must inform the Company in advance, then confirm the definitive allocation of said loan or its refusal. Finally, the Client will do what is necessary with his bank so that the payments, made by the lending institution, reach the Company according to the terms and deadlines agreed between the parties (2nd paragraph of article 1799-1 of the Civil Code) .
c- In the event of late payment, i.e. within 8 calendar days of sending the invoice by email to the Customer, late payment penalties will be applied, without prior notice, which will be calculated as follows: rate of refinancing from the European Central Bank increased by 10 points (as provided for by article L 441-10 of the Commercial Code).
These penalties are automatically payable and will automatically be added to the final total amount of the work.
In addition and always in the event of non-payment when due, the Company may suspend the work 15 calendar days after sending to the Client’s address appearing in the contractual documents, a formal notice which remains unsuccessful, by registered letter. with acknowledgment of receipt, to pay within 8 calendar days of receipt of said registered mail, the invoice.
d- The transfer of ownership of the goods, as described in the quote and other contractual documents accepted and signed by the Parties, is expressly subject to full payment of the agreed price. However, the transfer of risks takes place as soon as the materials and supplies are delivered to the site to the Customer who, from that moment, assumes legal custody, being responsible for the risks and damages that the goods could suffer or cause for any reason. whether it be.
Article 5 – Right of withdrawal: Definition (a), exercise-effects (b) and exceptions (c)
a- The Individual Customer has a withdrawal period (article 1122 of the Civil Code) of 14 calendar days from the conclusion of the contract between the parties, that is to say from the day of signature of the quote entailing acceptance of these General Terms and Conditions. If the last day of the withdrawal period is a public holiday, a Saturday or a Sunday, it is extended until the first following working day (article L121-25 of the Consumer Code).
b– The Customer may exercise his right of withdrawal by completing a standard withdrawal form or on plain paper, it being up to the Customer to unambiguously justify his desire to use his right of withdrawal and the exact date on which he exercised it. this right, because it is the date on which the withdrawal request is sent by the Customer which is taken into account (and not the date of receipt of the withdrawal by the Company).
If the Customer has exercised his right of withdrawal within the time limit, the Company will reimburse him, within 14 days, the deposit received and will go to the work site to collect, if necessary, the goods and materials. which have already been delivered, it is the Customer’s responsibility not to have damaged them and to have kept them in perfect condition. Failing which and by virtue of the transfer of risks mentioned in article 4 -d of these General Terms and Conditions, the Customer will have to bear the payment of the depreciation or disappearance of the material(s) delivered by the Company. In the event that the Customer wishes to return the goods and materials himself, the Company must bear the standard delivery costs incurred by the latter, with the exception of additional costs arising from the sole fact of the Customer’s choice of a delivery method other than the less expensive standard delivery method offered.
c- As an exception to the above, and as part of the execution of a service, the Customer has the possibility of asking the Company to carry out the work before the end of the withdrawal period. Will that the Client will formalize by sending the Company an express request on paper or on any durable medium. If, however, the Customer wishes to exercise his right of withdrawal while the work has begun, at his express request, he must pay the Company the amount corresponding to the service provided until communication of his decision to withdraw. The Customer loses the exercise of his right of withdrawal when the work, the execution of which began after his prior agreement and express waiver of his right of withdrawal, is fully executed before the end of the withdrawal period.
Finally, the Customer does not benefit from the 14-day right of withdrawal for maintenance or repair work planned urgently or at his home and expressly requested by him within the limit of spare parts and work strictly necessary to meet the request. emergency situation, as specified in the Specific Conditions in article 14 of these General Conditions of Sale.
Article 6 – Termination of the contract
In the event of unilateral termination of the contract at the initiative of the Client and after the expiration of the 14-day withdrawal period, the Company may claim, in addition to payment for the work already carried out, payment of compensation to be paid. reason for the damage suffered due to the non-completion of the work, assessed at 25% excluding taxes of the amount of the work not carried out, increased by the travel costs already incurred when the order was taken and subsequent site visits. To do this, the Company will issue an invoice for the construction site balance which the Client must pay upon receipt.
Non-payment of an invoice by the Customer, within the deadlines specified in article 4-c of these General Terms and Conditions, may result in the automatic termination of the Contract by the Company.
Termination of the Contract may also take place at the discretion of the Company, under the provisions of Article 8 of these General Terms and Conditions.
Article 7 – Subcontracting (a), supplies (b) and exception (c)
a- The Company undertakes to carry out the work precisely described in its signed quotes and amendments. The Company is free to implement any means that it deems useful for the accomplishment of its mission, whether internal resources or subcontracting with which it reserves the right to use within the framework of of the execution of the Contract. The Customer will not be able to interfere in this choice, to which he firmly undertakes by signing the quote.
b- Unless otherwise agreed, referred to in paragraph c of this article, duly signed in advance between the Parties, the Company provides for the supply of materials and equipment in its estimate. The supply price is understood to be according to the public price in the catalog referenced by the brand or failing that by the public price indicated by the Company’s supplier. Under no circumstances will the rates negotiated by the Customer, promotional or internet rates be taken into account in the quote established by the Company which also reserves the choice of the professional supplier with which the orders will be placed and may refuse, without reason, to order via another supplier. The choice of supplies must be made by the Client before the start of the project, any unspecified choice may disrupt the work completion schedule. If applicable, the Company will indicate the repercussions of the choice of a product on this schedule in order to make suitable arrangements in agreement with the Customer.
c- In the event of an exception to the above, requested by the Customer and duly accepted by the Company, the Customer may provide an element (material, goods, etc.) subject to compliance with the following conditions:
- the customer will be responsible for the delivery (payment at his expense, this additional cost resulting from the choice of product made by him and the practices of the brand chosen by the Customer), on site on the site and the verification of the conditions and quantities of the supplies concerned,
- the guarantees will not cover the products supplied by the Customer,
- the Company may invoice for delivery if the supply is not made available on site on site by the Customer,
- the Company may adjust the installation price and require additional parts to allow the installation or connection of the element provided by the Customer,
- the Company cannot be held responsible for missing quantities, excessive losses during implementation (within a limit of 20%), missing elements if it had to receive the goods itself. Any delay resulting from a work supplied by the Customer cannot be attributed to the Company.
Article 8 – Deadlines and conditions for execution of the work
The work will comply with the standards and DTU in force on the day of the offer and carried out in accordance with the rules of the Art. The Company will refuse any execution of work that does not comply with the rules of the art and may also refuse to use materials or products provided by the Client. When the support reveals unforeseen constraints, not detectable by the Company except at the time of the work, an amendment must be concluded between the parties to determine the additional work and its cost.
Furthermore, the place of execution of the work must be mentioned on the quotes and order form, if it is different from the Customer’s usual address.
The work will be carried out within the time specified in the estimate. The execution time is extended, if necessary, mainly due to amendments to the contract or the duration of delays due to the Client. In all cases, work interruptions caused by the Client or his representative will not be taken into account in the execution time.
This is why it is expressly mentioned in these General Terms and Conditions that the execution deadlines for the construction site are only accepted by the Company if the Client respects, for its part, the commitments incumbent upon it, in particular: compliance by the Client with the conditions payment and payment of deposits, timely delivery of technical specifications, absence of delay in studies or preparatory work, absence of bad weather as defined in the Labor Code, absence of force majeure, social, political, economic, health or technical events hindering the operation of the Company’s suppliers, in components, energy or raw materials and in the event of ordering additional work by signing new quotes and contracts. In the aforementioned cases, access, storage and installation areas necessary for carrying out the work will be made available to the Company in sufficient quantity, free of charge and close to the work. Failing this, the Company may create a living base, the cost of which will remain the responsibility of the Customer. No service can be provided if it is impossible to access the site. The Client must first, if for the proper execution of the work, request the agreement of the road or its neighbors so that the Company can access it and carry out the work ordered, the Client must provide written agreement by mail or email. The Company reserves the right to immediately cease providing its services if the working conditions at the site of performance risk endangering its safety. The services may be carried out subsequently, provided that the Client has taken the necessary measures so that the Company can carry out its intervention under normal conditions.
The Company guarantees the proper execution of labor for the work carried out for a period of one year from the date of project completion. This guarantee exclusively covers the labor services provided by the Company and does not include the materials, equipment, or supplies used, which remain subject to the sole warranties of the respective manufacturers or suppliers. This labor guarantee only applies in the case of proper use and excludes any normal wear or deterioration resulting from inadequate maintenance or improper use by the Client.
Article 9 – Revision and renegotiation
If the conditions of execution of the services ordered, in particular technical, economic or regulatory, existing on the date of entry into force of the Contract were to change significantly, independently of the intervention of the Parties and in addition to the cases of Force Majeure provided for by the Law, and thus call into question the very interest of this contract for the Company, the Parties will undertake to find a solution consistent with the interests of each of them, within a period of one month from from the Company’s request. In the absence of agreement, the Company will have the right to terminate this contract automatically, without payment of damages.
Article 10 – Insurance (a) and force majeure (b)
a- The company is assured of all its obligations and responsibilities with regard to the provisions of the articles
1792 et seq. of the Civil Code. For this purpose, it is insured with the company??? represented by its agent, the company ??? and holds a MANDATORY 10-YEAR LIABILITY and PROFESSIONAL CIVIL LIABILITY INSURANCE contract no. ???, valid in mainland France. A copy of this certificate is systematically given to the Customer, upon simple request from the Company.
b- The Parties agree that, initially, cases of force majeure will suspend the execution of their reciprocal obligations.
If the force majeure lasts for more than one month, the Contractual Documents will be terminated automatically, and without right to compensation of any kind for either Party, unless otherwise agreed between the parties.
Expressly, those usually considered by the French Courts and Tribunals are considered as force majeure. In any case, the Parties undertake to act, depending on cases of force majeure, in order to reduce their impact on the progress and execution of the Contractual Documents and will keep each other informed of the actions taken implemented.
Article 11 – Intellectual property (a) and image right (b)
a- The studies, quotes, plans and any other document transmitted by the Company to the Client, of whatever nature, fall within its know-how and intellectual property. They are strictly confidential and transmitted only to the Client or to his representative duly designated by the latter to the Company, as part of their action on the site and they remain, in all circumstances, the property of the Company. All contractual documents may neither be used by the Client nor transmitted to third parties without the written consent of the Company.
b- The Company may use for commercial purposes photographs or videos of projects carried out by it, in order to promote its know-how and its image, which it may use for commercial purposes on its website and/all other media. communication, while preserving the anonymity of the Client. By signing the quote, the Client expressly authorizes the Company to retain and use, free of charge, these photographs and videos as part of the Company’s communication. The Client, however, has the right to object to this use, in writing duly addressed to the Company, before receipt of the work.
Article 12 – Language (a), interpretation (b), validity (c) and disputes (d)
a- The Parties expressly agree that the language governing the Contractual Documents is the French language.
b- The provisions of the Contractual Documents are interpreted in relation to each other and in the interest of the Parties. In the event of difficulty in interpreting one of the titles or one of the clauses and/or one of the titles and one of the clauses relating thereto, the Parties agree to declare the titles non-existent.
c- The Parties expressly agree that, in the event that, following a final court decision, a legal or regulatory modification, one of the provisions of the Contractual Documents is declared null or inapplicable, this situation will not affect the other provisions of said documents.
In this case, the Parties agree to meet to analyze the impact of this situation with regard to their respective obligations and the subject of the Contractual Documents, in order to continue their commercial relations.
d- In the event of a dispute over the execution or non-execution of a request arising from the signed quotes and amendments, the Customer must first contact the ASAP Serrurerie Company by email at the following address: contact@asapserrurerie.fr or by registered mail with acknowledgment of receipt to the address of the Company’s head office. It is agreed that the Parties will make every effort to resolve this dispute amicably, by resorting to conventional mediation or any other alternative method of dispute resolution.
If agreed, the Parties will sign a confidential memorandum of understanding and/or an amendment to the Contractual Documents. In the absence of agreement between the Parties or in the event of failure of mediation, each of them will regain its complete freedom of action.
Article 13 – Applicable law and exclusive jurisdiction
The contractual documents are governed in their entirety by French law. In the event of a proven dispute between the Parties, exclusive jurisdiction is attributed to the Paris Commercial Court, notwithstanding multiple defendants or warranty claims, including for emergency, conservatory, summary proceedings or upon request.
The Parties elect domicile, respectively for the Company at its registered office and for the Client at his domicile, place of his habitual residence. Each Party, in the event of a change of registered office, undertakes to notify the other by registered letter with acknowledgment of receipt at least one month before the effective date of the change.
The Parties expressly agree that to be valid, all notifications must be made to the respective domiciliation address and by registered letter with acknowledgment of receipt on paper.
Article 14 – Personal data
The personal data communicated to the Company by the Client, within the framework of their future contractual relationships, are intended to process the Client’s request or to ensure the execution of the services entrusted to the Company and defined in the Contract,
They are reserved for the exclusive use of the Service Provider Company and its employees for the proper execution of the Contract in order to ensure the verification of the validity of the information necessary for the payment of a good or a service as well as to comply with the Company’s legal obligations.
The Company only retains data for the duration necessary for the operations for which they were collected and in compliance with current regulations. In this regard, customer data is kept for the duration of the contractual relationship plus three years from the last contact from the Customer. During this period, the Company will put in place all means capable of ensuring the confidentiality and security of personal data, so as to prevent their damage, deletion or access by unauthorized third parties. Access to personal data is strictly limited to management, administrative staff, sales personnel, and, where applicable, subcontractors of the Company, which the Client cannot ignore. The subcontractors in question are subject to an obligation of confidentiality and may only use the data in accordance with the contractual provisions and applicable legislation.
Apart from the cases set out above, the Company undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the Client, unless forced to do so due to a reason legitimate (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.)
Personal data transmitted as part of placing an order are processed by ASAP Serrurerie, in its capacity as data controller; In accordance with the provisions of articles 38 to 40 of law no. 78-17 of January 6, 1978 as amended (known as the Data Protection Act) and the European regulation on data protection (R.G.P.D.), the Customer has a right to access, query, limitation, modification, portability, rectification and deletion of data concerning him. Consequently, the Customer may request that information concerning him or her that is inaccurate, incomplete, ambiguous, out of date or whose collection or use, communication or retention is prohibited be rectified, supplemented, clarified, updated or deleted. The Customer acknowledges that he has the possibility of exercising his rights and receiving at his request information on the processing of data which concerns him by respecting the following procedure: sending by him of a written and signed request to which is attached a photocopy of a valid identity document to the Company at the head office address.
In addition, the persons concerned by the processing carried out have, for legitimate reasons, a right to object at any time to the processing of personal data and a right to oppose commercial prospecting. These people also have the right to lodge a complaint with the CNIL (more information on www.cnil.fr).