General terms and conditions of sale of online services to individual customers (Let Us Do It)
Last updated on the 29/06/2018
Note : These general terms and conditions of sale have been written in french language . For the translation in another language, in case of dispute or litigation, only the french version is valid.
Preamble – These general conditions of sale apply to all services provided with Let us do it.
Let Us Do It is a Relocation service: help in the installation and accommodation procedures in the municipalities of Saint-Germain-en-Laye or bordering.
Let Us Do It is:
– governed by the status and legal form of a micro enterprise
– under the registration number of the Trade and Companies Register: SIRET 880 075 288 00014
– located at: 5 impasse des Sansonnets 78112 Fourqueux
– URL of the website: www.let-us-do-it.fr
– e-mail address: thierry.couilleault@let-us-do-it.fr
– phone: 06 81 58 15 15
The buyer declares having read and accepted the general terms and conditions of sale, prior placing the order.
The validation of the order is therefore acceptance of the general terms and conditions of sale.
Article 1 – Content and scope
These general conditions of sale are, by rights, applicable to the following services:
Assistance to the procedures of relocation, installation and accommodation in the municipalities of Saint-Germain-en-Laye or neighboring.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase.
Any order or immediate purchase implies the unreserved acceptance of these general terms and conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by Let Us Do It.
The buyer declares having read these general terms and conditions of sale and having accepted them before his immediate purchase or the placing of his order.
Article 2 – Precontractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information is provided to the buyer in the quotation in a clear and understandable way:
– the essential characteristics of the service;
– the cost of the service or the method of calculation of the cost and, if applicable, any additional costs of transport, delivery or postage and all other possible costs related to the services subject to the order.
Other costs for external suppliers, organizations, administrations or service providers and not included in the services defined in the order. (example: purchase of materials, expenses of files, expenses of agencies etc …) will be treated independently of the contract and will not be the responsibility of Let Us Do It.
– the date or time at which Let Us Do It undertakes to perform the service, regardless of its price, and any other contractual condition;
– information concerning the identity of Let Us Do It, its postal, telephone and electronic contact details, and its activities,
– the procedures provided for the processing of claims;
– the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of a indefinite duration contract .
– with regard to digital content any relevant interoperability of this content with certain hardware or software which the professional has or should reasonably have knowledge of.
– The communication and the transmission of document will be made by e-mail to the address communicated by the buyer.
We operate as a service provider and we are not subject to any particular professional rules.
Article 3 – Order
Order means any document relating to the services listed on the quote Let Us Do It, accompanied by the payment provided on the order form and confirming the acceptance.
All orders received at Let Us Do It are deemed firm and final.
It means full acceptance of these terms and conditions of sale and payment obligations for the services ordered
Note, that the minimum amount for an order to be accepted by Let Us Do It is 1000 €.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except exception provided by Article L.211-28 of the Consumer Code.
Article 4 – Quotation
The services offered lead to the establishment of a preliminary quotations, the sale will be considered final after acceptance of the quotation by the buyer by confirming the validation of the order.
Quotations issued by Let Us Do It have a validity period of 30 days.
Article 5 – Execution of the service and cancellation of the contract
The execution of the service will be carried out within the deadlines defined in the offer as from the reception by Let Us Do It of an order in due form.
In the event of failure of Let Us Do It to fulfill its obligation of performance on the date or expiration of the period provided for above, the buyer may cancel the contract, under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the consommation Code, by registered letter with acknowledgment of receipt, if, after having ordered, under the same conditions, Let Us Do It to provide the service within a reasonable additional period, the latter did not execute within that period.
The contract is considered cancelled upon receipt by Let Us Do It of the letter or writing informing it of this cancellation, unless Let Us Do It has been executed in the meantime.
Nevertheless, the buyer may immediately terminate the contract when Let Us Do It refuses to provide the service or when it fails to fulfill its obligation to provide the service on the scheduled date, if that date or delay is for the buyer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the consumer before the conclusion of the contract.
Let Us Do It takes no responsibility in the event that the buyer has not previously verified the compatibility of the services requested on the order with his family, professional and administrative situation in France or in his country of origin or residence.
Let Us Do It undertakes to perform the services as defined in the order, under the conditions that the buyer provides all documents or information necessary for the execution of the services and within a period consistent with those defined in the order.
The deadlines run from the delivery by the buyer of any information or documents necessary and requested by Let Us Do It to perform the services and from the moment the first payment of one third of the total amount of the order has been cashed.
Except in case of force majeure, the payment paid to the order is acquired by right and can not give rise to any refund.
Even in case of cancellation of the contract for force majeure, the services already incurred will be due as defined in Article 6.
Article 6 – Cancellation period and refund
The buyer has a right of withdrawal of 14 days from the conclusion of the contract except anticipation of benefits defined below.
Let Us Do It must reimburse the buyer for all amounts paid, at the latest within 14 days from the date on which he is informed of the buyer’s decision to retract (C. consom., Art L. 221-24), unless justified delay.
In accordance with Article L. 242-4 of the Consumer Code, when Let Us Do It has not refunded the sums paid by the buyer, the sums due are automatically increased.
Cancellation of the order after the withdrawal period
After the period of 14 days, in case of cancellation of the order by the buyer, after acceptance of Let Us Do It, for any reason other than force majeure, a sum corresponding to 33% of the amount of the purchase will be acquired by Let Us Do It, as compensation for the damage thus suffered.
Anticipation of the realization of the services:
The buyer who wishes to start the services before the 14-day withdrawal period, makes the request in writing to Let Us Do It.
In the event of cancellation within 14 days, Let Us Do It can deduct from the amount to be reimbursed the expenses and services already incurred.
Article 7 – Price
Prices are firm and final.
The prices of services performed are those listed in the quote on the day of the order.
They are expressed in Euros and stipulated all taxes included.
The prices take into account the VAT applicable on the day of the order and any change of the rate of VAT will be automatically passed on the price of the services.
Fees for external suppliers, organizations or service providers are not included in the delivery of Let Us Do It.
They will be paid directly by the buyer to the suppliers.
In the event that Let Us Do It makes advance payments, these must not exceed 100 € cumulated and will have to be refunded by the buyer, within 15 days.
Article 8 – Payment
All orders regardless of their origin are payable in euros.
Except as otherwise expressly provided for in the Special Conditions, payment of the price shall be made in 3 steps.
One-third to the order, one-third to half the duration of the project as defined in the quote, the balance when the proceedings are completed.
Payments must be made by bank transfer (SWIFT).
Reminder: the deadlines stipulated in the contract only run from the date of receipt of payments.
An invoice will be given to the buyer on request.
Article 9 – Guarantees
The guarantee of Let Us Do It is limited to refunds of the services actually paid by the buyer and Let Us Do It can not be considered as responsible or defective for any delay or non-performance resulting from the occurrence of a force majeure or related event of a third party.
Let Us Do It is responsible for the proper execution of these terms and conditions of sale, except fortuitous event, or force majeure.
Let Us Do It is responsible for the proper performance of the contract provided that the buyer has verified the compatibility of defined services with his family, professional and administrative situation in France or in his country of origin or residence.
Let Us Do It is notably not responsible for the conformity, quality or delays of the services and supplies offered by the suppliers, organizations or external service providers.
Let Us Do It is not responsible for damages resulting from misuse by the buyer of services and supplies issued by suppliers, organizations or external service providers.
Article 10 – Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Let Us Do It, sole owner of intellectual property rights on these documents and must be returned to him at his request.
The buyer undertakes not to make any use of these documents, which may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.
Article 11 – Competent jurisdiction
All disputes or litigations to which the transactions of purchase and sale concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, and their consequences and which would not have could be solved amicably between Let Us Do It and the buyer, will be subject to French law and the competent French courts under common law conditions.
For the definition of the competent jurisdiction, Let Us Do It located at 5 impasse des Sansonnets – 78112 Fourqueux
Article 12 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.
Article 13 – Mediation
In case of dispute, the contact details of the mediator who can help the customer are as follows
xxxxx
In accordance with Article L 152-2 of the consommation Code, one of the preconditions for the examination of the dispute by (to be specified) is the following: the buyer must justify having attempted to resolve his litigation directly with Let us do it’s Customer Service by a claim by post or email.
Article 14 – Applicable law
These general conditions are subject to the application of French law. Depend of the amount of the litigation,the competent court is “le tribunal d’instance ou le tribunal de grande instance”
.
This is so for the substantive or form rules .
In case of dispute or claim, the buyer will first contact Let Us Do It to obtain an amicable solution.
Article 15 – Protection of personal data
Let Us Do It attaches particular importance to the management of personal data transmitted by its customers, the management by Let Us Do It of these digital or paper data is based on security and protection.
Data collected:
The personal data collected by Let Us Do It are as follows:
Connection: when connecting the user to the website Let-Us-Do-It.fr, it records, including, his name, first name, Log in data, usage, location.
Account opening: when creating the user’s account, his name, first name, email address; Phone Number; address.
Payment: As part of the payment of the products and services offered, financial data relating to the bank account or the credit card of the user are recorded.
Realization of the contract: The personal documents necessary for the realization of the services defined in the contracts and transmitted directly to the provider by email or mail.
Communication: when the website is used to communicate with other members (blog, testimonials, ..), the data concerning the user’s communications are subject to temporary storage.
Cookies: Cookies are used, as part of the use of the website. The user has the option to disable cookies from his browser settings.
Limiting the collection of data
Let Us Do It undertakes to collect only the personal data strictly necessary for the accomplishment of its missions and the management of administrative files, while respecting the intended purposes.
Let Us Do It is committed to collecting and maintaining adequate, relevant and limited data to what is needed.
Use of personal data
Personal data collected from users aims to:
- The realization of the services provided for in the contract:
for example justification of resources for the signature of a rental lease of housing or for the registration of children in the canteen, identity documents, for administrative records etc . - Organization of Terms of Use for Payment Services.
- The usage of the site www.let-us-do-it.fr:
- Access and use of the website by the user
- Management of the operation and optimization of the website
- Verification, identification and authentication of data transmitted by the user
- Proposal to the user of the possibility of communicating with other users of the website (blog, testimonials, …)
- Management of any disputes.
Limitation of data retention
The storage periods must not exceed those required to achieve the intended purposes.
Only data subject to a legal obligation or those for which the explicit consent of the user is necessary are kept.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the completion of the steps stipulated in the contract requires the transmission of personal data to suppliers, administrative organizations or external service providers.
- When the user uses payment services, for the implementation of these services, Let Us Do It is in contact with third-party banking and financial companies with which it has contracts;
- When the user publishes, in the free comment areas of the website, information accessible to the public (blog, testimonial…)
- When Let Us Do It uses provider services to manage user support and services. These service providers have limited access to the user’s data, in connection with the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations regarding the protection of personal data.
- If required by law, Let Us Do It may perform the transmission of data to respond to claims against Let Us Do It and comply with administrative and judicial procedures.
- If Let Us Do It is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
Security and confidentiality
Let Us Do It implements organizational, technical, software and physical security procedures to protect personal data against unauthorized tampering, destruction and access. However, it should be noted that the internet is not a completely secure environment and Let Us Do It can not guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can use by sending their request to the following address: thierry.couilleault@let-us-do-it.fr
- The right of access: they can use their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, Let Us Do It may request proof of the user’s identity in order to verify its accuracy.
- The right of rectification: if the personal data held by Let Us Do It are inaccurate, they may request the updating of the information.
- The right to delete data: Users may request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to limit processing: Users may ask Let Us Do It to limit the processing of personal data in accordance with the assumptions provided by the RGPD.
- The right to oppose data processing: users may object to its data being processed in accordance with the assumptions set out in the GDPR.
- The right to portability: they can claim that Let Us Do It gives them the personal data provided to them for transmission to a new provider.
Evolution of this clause
Let Us Do It reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, Let Us Do It undertakes to publish the new version on its website. Let Us Do It will also notify users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.
Annex:
Retraction form
(to be completed by the buyer,
and to send by registered letter with acknowledgment of receipt,
within the maximum period of 14 days following the date of validation of the contract/order)
Retractation Form For the attention of Let Us Do It, Located 5 impasse des sansonnets 78112 Fourqueux, email : thierry.couilleault@.let-us-do-it.fr I hereby notify you of my withdrawal from the contract of service, ordered on: …. Name and Surname of the buyer: ……………..
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