TERMS OF SALES
GENERAL CONDITIONS OF SALE AND PROVISION OF SERVICES OF THE COMPANY SERRURERIE MRJ
General provisions
SERRURERIE MRJ is a limited liability company with share capital of EUR 7,622.45, registered with the RCS of Paris under number 377 483 359, domiciled at 34 rue du Faubourg du Temple – 75011 Paris (France).
SERRURERIE MRJ specializes in metal carpentry and locksmithing on estimate.
The company SERRURERIE MRJ offers in particular services of metal carpentry and locksmithing on estimate both to companies and to private customers.
2. Definitions
In these general conditions of service, words or expressions beginning with a capital letter will have the following meaning:
Customer: designates any company or individual who requests a quote from the Company, in order to order Products and/or entrust it with the performance of Services.
General Conditions for the Provision of Services: refers to this document.
Contract: set consisting of these General Conditions of Services, the Company's Estimate and the Acceptance Report accepted by the Client, as well as any amendments to this Estimate, signed by both Parties, under the conditions described in present.
Quotation: refers to the document drawn up by the Company and accepted by the Customer after possible negotiations between the Parties, including in particular the details of the Products ordered by the Customer, of the Service(s) to be performed, as well as its/their cost, terms of payment and any special provisions applicable to the contractual relations of the Parties.
Party(ies): means individually the Company or a Client and collectively the Company and a Client.
Service(s): refers to all the services offered by the Company for the supply, installation and repair, on quotation, of electrical, heating, plumbing, locksmith and glazing equipment.
Products: means the products offered for sale by the Company and ordered by the Customer.
Acceptance Report: refers to the document submitted by the Company following the delivery of Products and/or the performance of its Services, validated by the Customer, under the conditions described herein. This document stipulates that the Products delivered and/or the Services provided by the Company comply with what was provided for in the Estimate validated between the Parties, under the conditions described herein.
3.Object
The purpose of these General Conditions for the Provision of Services is in particular to detail their scope of application, as well as the Products and Services offered by the Company.
They also define the respective rights and obligations of the Parties in this regard.
The General Conditions for the Provision of Services also specify the terms and conditions for ordering, implementing and paying for these orders.
Finally, they specify the guarantees granted to the Customers of the Company, with regard to these Products and Services.
4. Scope
These General Conditions for the Provision of Services apply automatically to the contractual relations between the Parties.
Any order for Products and/or Services implies prior express and unreserved acceptance by Customers of these General Conditions for the Provision of Services, which prevail over all other conditions, unless otherwise agreed in writing between the Parties.
5. Contract documents
The Company's Customers acknowledge that the contractual relations between the Parties, including in particular the sale of Products and the performance of the Services by the Company, are exclusively governed by the Contract concluded between them, at the time of acceptance by the Customer of the Quotation. of the society.
The Contract is made up of the following contractual documents:
the Company's Estimate, in its version validated between the Parties and accepted by the Client. The Company's Quotation is considered accepted by the Client on the day of receipt by the Company of a copy signed by said Client of the Quotation, either by hand delivery to the party acting on behalf of the Company, either by email to the email address contact@serrureriemrj.fr or by a free writing from the Customer sent to the aforementioned email address giving his agreement for the estimate on the service and the amount of the estimate;
these General Terms and Conditions for the Provision of Services. These General Conditions for the Provision of Services are considered accepted by the Client on the day of receipt by the Company of a copy initialed and signed by the said Client, either by hand delivery to the party acting on behalf of the Company, or by email to the email address contact@serrureriemrj.fr .
In the event that a Client requests from the Company the performance of new Services and that its General Conditions for the Provision of Services have not been modified since their last acceptance, it will not be necessary for the Client to accept a again the said General Conditions of Provision of Services.
Furthermore, these General Terms and Conditions for the Provision of Services are applicable notwithstanding any stipulation to the contrary appearing in the documents issued by the Client.
Finally, these General Conditions for the Provision of Services are applicable subject to any contrary stipulation appearing in the Company's Quote, in its version validated between the Parties and accepted by the Client or in any amendments to this Quote, signed by both parties. Parties;
the Acceptance Report is delivered by the Company to its Client at the end of the performance of its Services. This document is hand-delivered to the Customer following this execution. The Acceptance Report stipulates that the Services provided by the Company comply with what was provided for in the Estimate validated between the Parties, under the conditions described herein.
In the event that the Customer does not wish to sign this Acceptance Report on the day of performance of the Services, the Customer has the possibility of expressing reservations on this Acceptance Report within 72 hours from from its receipt, failing which it is considered to have been accepted without reservation by the Customer.
To do this, he must send an email with his reservations to the company at the following address: contact@serrureriemrj.fr.
6. Benefits
The Company is particularly specialized in is particularly specialized in metal joinery and locksmith work on estimate.
The Company offers its services to both individual customers and businesses.
The services offered by the Company are more fully detailed in the Company's Quotes, depending on the specific needs of its Clients.
7. Products
The Products offered for sale by the Company are more fully detailed in its Estimates, according to the specific needs of its Customers.
On-site intervention
Access to the site must be free during normal working days and hours.
Access to the site is through the customer or, in the event of force majeure, through a trusted third party. Any interruption of work that is not attributable to SERRURERIE MRJ will be subject to additional invoicing. The moving of furniture, fragile objects or any other obstacle during an installation is always at the risk and peril of the Customer, who normally must have cleared them before the work at the locations where the technicians of SERRURIE MRJ must work in a that these are totally free.
8. Quotation and conclusion of the Contract
Requests for quotes are made to the Company, by email, by telephone or at our premises.
Various exchanges and appointments can then take place between the Company and its Clients, so that the Company can propose a Quote as close as possible to their expectations, which can then be the subject of discussions between the Parties.
In particular, an appointment is made between the Parties, at the place where the Products ordered must be installed, so that the Company can take the necessary measures.
It is the responsibility of the Customer to verify the compliance of these measures, before any order of Products.
The Company's Quotations are valid for one (1) month from their date of issue, unless otherwise agreed in writing between the Parties.
The Contract is concluded between the Parties at the time of receipt of the Customer's acceptance of the Company's Quotation and these General Conditions for the Provision of Services, under the conditions defined in Article 5 hereof.
It should be noted that any installed product cannot be taken back, exchanged or refunded.
9. Right of withdrawal
For the sale of Products
For Customers qualified as consumers, in accordance with the legal provisions in force and more particularly Article L. 221-18 of the Consumer Code, in the context of a purchase made remotely or off-premises, the Customer has a withdrawal period of 14 clear days from the day he receives the Product ordered.
However, in accordance with the provisions of Article L. 221-28 of the Consumer Code when the Products ordered by the Customer are goods made to his specifications or clearly personalized, the Customer does not benefit from the aforementioned right of withdrawal.
For the performance of Services
For Customers qualified as consumers, in accordance with the legal provisions in force and more particularly Article L. 221-18 of the Consumer Code, in the context of an order for the provision of services made remotely or off-site, the Customer has a withdrawal period of 14 clear days from the day he accepts the Quotation and these General Conditions of Service Provision, under the conditions defined in Article 5 hereof.
However, when the Customer wishes the Services ordered to be carried out before the expiry of the aforementioned period: (i) he then expressly accepts that the performance of the Services begins before the expiry of the withdrawal period granted to him by Article L. 221-18 of the Consumer Code; (ii) he expressly waives this right of withdrawal.
In this case, in accordance with the provisions of Article L. 221-28 of the Consumer Code, the Customer does not benefit from the aforementioned right of withdrawal.
Modalities for exercising the right of withdrawal
The information relating to the Customer's right of withdrawal is recalled in the standard information sheet on the right of withdrawal attached hereto (Annex 1).
Requests to exercise the right of withdrawal are sent to the Company's customer service department: (i) by email (to the address: contact@serrureriemrj.fr ); (ii) by post (to the address: 34 rue du Faubourg du Temple – 75011 Paris (France).
These requests must indicate: certain personal information of the Customer (last name; first name; telephone number; e-mail address); the delivery address of the Products and/or performance of the Services; the date and place at which the request to exercise the right of withdrawal is made.
They can be made using the form provided for this purpose in the appendix hereto (Appendix 2).
The Products on which the right of withdrawal can be exercised, must be returned complete, in their original condition and perfectly packaged, within the agreed deadlines.
10. Place and duration of delivery and performance
The Products are delivered and the Services are performed at the Customer's address, indicated in the Company's Quote, as accepted by the Customer under the conditions defined in Article 5 hereof, unless otherwise agreed in writing between the Parties.
The Products are delivered and the Services are performed within the deadlines estimated in the Company's Estimate, as accepted by the Customer under the conditions defined in Article 5 hereof, unless otherwise agreed in writing between the Parties.
These deadlines being only estimated, the Company cannot be held liable with regard to the Customer, in the event of delay in the delivery of the Products and the execution of its Services.
Furthermore, the Company is automatically released from any commitment relating to the aforementioned deadlines, in the event that: (i) the information that the Client must provide to the Company is not communicated to it within the time limits set; (ii) access to the place of delivery of the Products and/or performance of the Services has been made impossible by the Client; (iii) the customer cannot be reached by email or telephone (iv) the payment conditions, as defined in Article 12 hereof, have not been respected by the Customer; (v) the manufacturer of the Products has been late in manufacturing and/or delivering them
11. Receipt of Services
The Services are accepted under the conditions defined in Article 5 hereof.
12. Price and payment
Price
The overall price of the Products ordered and/or the Services provided by the Company is determined on a case-by-case basis, depending on the Products ordered and/or the Services requested by the Customer.
The prices of the Products and/or Services, indicated in the Company's Quotation, are paid by the Client, according to the schedule provided for this purpose in said Quotation.
These prices are mentioned in euros, excluding and including tax. These are final and non-revisable prices, unless otherwise agreed in writing between the Parties.
The prices are paid in accordance with the stipulations hereof, unless otherwise agreed in writing between the Parties.
Payment
Invoices issued by the Company are payable upon receipt by the Customer (to the email address previously indicated by the latter or by hand delivery or by post), by bank transfer or by check, according to what is provided for in the Quotation. .
Any delay in payment entails the application, automatically and without prior notice, of late payment interest calculated
on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, as well as a fixed compensation of EUR 40 for recovery costs, in accordance with the provisions of Article L. 441-6-I of the Commercial Code.
13. Retention of title
The Company retains full ownership of the Products sold, until the Customer has fulfilled all of its obligations and in particular until full payment of the price.
Moreover, checks are considered as payment only from their effective collection, until this date, the retention of title clause retains its full rights.
This provision does not preclude the transfer to the Customer, upon delivery, of the risks of loss, theft or deterioration of the products sold, and he will be required to pay the price even in the event of disappearance.
14. Warranties
Guarantee of perfect completion
The Company undertakes to repair all the disorders (hidden defects and lack of conformity) reported by the Customer during the year following the date of receipt of the Services (under the conditions defined in Article 5 hereof), whatever their importance and nature, except for specific and different manufacturer's warranty, and except for defects caused by abnormal or faulty use of the goods or poor maintenance on the part of the buyer or in the event of force majeure. The products must be checked by the Customer on delivery, and any complaint, reservation or dispute relating to missing parts and visible defects must be made under the conditions set out in the articles above.
In the event of apparent defects, the defective parts are replaced by SERRURERIE MRJ, subject to verification of the alleged defects. The Customer must provide any justification as to the reality of the defects observed, the supplier reserving the right to proceed, directly or indirectly, with any dispute and verification on site.
Biennial guarantee
The Company undertakes to repair or replace, for a period of two (2) years following the date of receipt of the Services (under the conditions defined in Article 5 hereof), any item of equipment not functioning correctly.
Ten-year guarantee
The Company, when it acts as a builder, within the framework of the Services it provides, undertakes to repair any damage which compromises the solidity and its inseparable elements of equipment affecting the very structure of the construction or which render the accommodation unsuitable for its intended purpose and which occur during the ten (10) years following the date of receipt of the Services (under the conditions defined in Article 5 hereof).
15. Insurance
The Company has an RCD and an RCP with a reputably solvent insurance company, namely [to be completed].
16. Duration of the Contract
The Contract takes effect on the date of receipt by the Company of the Client's acceptance of the contractual documents which are the Quotation and these General Conditions of Services, under the conditions defined in Article 5 hereof.
In the event that the Client requests from the Company the performance of new Services and that its General Conditions of Services have not been modified since their last acceptance, it will not be necessary for the Client to accept a hereby again, for the Contract to take effect. In other words, receipt by the Company of the Client's acceptance of the Quotation relating to these new Services will be sufficient.
The Company's Services end on the date of acceptance by the Client of the Acceptance Report provided to it by the Company, under the conditions defined in Article 5 hereof.
In any case, the Contract only ends subject to full payment of the Service(s) by the Customer.
17. Modification of the Contract
Modification of the General Conditions of Services
The applicable General Conditions of Services are those in force on the date of receipt by the Company, of their acceptance by the Client, under the conditions defined in Article 5 hereof.
However, the Company may be required to modify these at any time, without notice, subject to informing its Customers as soon as these modifications come into force by email.
The Company will update the General Conditions of Services by indicating the date of the last update at the top right of this document.
Any Customer who wishes to entrust the performance of Services to the Company must accept these in their entirety, including the latest update that will have been notified to him if necessary.
Modification of the Quote
The Quotation, as validated by the Parties, may only be modified by mutual agreement between the Parties, by way of endorsements.
18. Early termination of the Contract
By mutual agreement between the Parties
The Contract may be terminated early, by mutual agreement between the Parties.
In this case, a report on the progress of the Services provided by the Company will be sent to the Client and countersigned by the latter.
In addition, the accounts must also be established between the Parties.
Early termination in the event of default
In the event of a breach by one of the Parties of one of its essential obligations, the other Party may terminate the Contract as of right, without prejudice to any damages, after formal notice by registered letter with acknowledgment of receipt remained without effect within thirty (30) calendar days of its dispatch.
19. Subcontracting
The Company reserves the right to subcontract all or part of the Services entrusted to it and this under its full and sole responsibility. The subcontractor must have a sufficient level of skills to provide the services.
20. Liability
The Company can only be liable for direct damage that it would have caused by its fault, proof of which must be provided by the Customer. The compensation for the damage suffered by the Customer may not exceed the amount owed by the Customer under the Packages concerned.
The Company cannot be held responsible for any indirect damage suffered by its Customers.
Furthermore, in the event that the Services ordered require an authorization, such as a building permit, an ADEME subsidy or even an authorization from the co-ownership, the Customer is solely responsible for obtaining it and undertakes to provide it to the Company at the time of the conclusion of the Contract (under the conditions defined in Article 5 hereof).
In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Client against the Company is subject to prescription upon the expiry of a period of one year running from the date on which the Customer concerned had knowledge or is presumed to have had knowledge of the harmful event.
21. Force majeure
In the event of the occurrence of an event of force majeure within the meaning of article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures , floods, fires, production or transport faults not resulting from its personal act, supply disruptions, wars, riots, insurrections, and more generally any circumstance or event preventing the Company from properly performing its obligations, the Company shall not will not be liable for any failure to perform its Services, subject to having immediately informed the Client and having taken all the necessary measures to limit the effects.
In the event that the effects of an event of force majeure extend beyond ninety (90) days, the Customer may terminate the Contract by registered letter with acknowledgment of receipt.
22. Intellectual Property
The Company's Estimates and all of the documents appended thereto remain, in all circumstances, the property of the Company. These documents may only be used or communicated to a third party with the prior written authorization of the Company and must be destroyed without delay, if the Company's proposal is not followed up.
23. Image rights
The Company may take photographs of its Services. In the event of acceptance of the Quote by the Customer, under the conditions defined in Article 5 hereof, the Customer authorizes the Company to keep these photographs and to use them, free of charge, within the framework of the commercial promotion of his company.
24. Personal data
In accordance with Law 78-17 of January 6, 1978, amended by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the personal data of its Customers, only to perform its obligations under the sale of the Products and the performance of its Services. In this respect, it is reminded that the personal data requested from the Customer are in particular necessary for the establishment of invoices.
The Company also undertakes to guarantee the confidentiality of personal data processed in the context of the performance of its obligations.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
The Customer may, subject to the production of valid proof of identity, exercise these rights by contacting customer service by registered mail with acknowledgment of receipt at the address 112, Avenue de Paris – 94300 Vincennes (France) .
If the Client no longer wishes to receive news from the Company, its requests (by telephone, SMS, postal mail or email) and invitations, he has the option of indicating this via the link reserved for this purpose, of modifying his choices by contacting it under the conditions mentioned above or, if necessary, by modifying the parameters of its online account.
For any additional information or complaint, the Customer may contact the CNIL ( www.cnil.fr ).
Finally, the Customer is informed that he has the possibility of registering on the list of opposition to canvassing ( www.bloctel.gouv.fr/ ).
25. Miscellaneous
Waiver
The fact that the Company does not avail itself, at a given time, of any of the provisions hereof, cannot be interpreted as a waiver by the latter to subsequently avail itself of any of the said provisions.
Validity / indivisibility
The nullity, unenforceability, or more generally, the lack of effect of any of the stipulations of the General Conditions of Service Provision will not affect the other stipulations which will remain perfectly valid and binding.
26. Customer service
The Company's customer service can be reached:
by phone, Monday to Thursday from 9 a.m. to 1 p.m. and from 2 p.m. to 6.30 p.m. and on Friday from 9 a.m. to 1 p.m. and 2 p.m. to 5:30 p.m. to [to be completed] ;
by email to the address contact@serrureriemrj.fr;
by post to the address 34 rue du Faubourg du Temple – 75011 Paris (France).
27. Amicable settlement of disputes
Complaint requests from Customers must be made to the Company's customer service department (reachable at the contact details mentioned in Article 26 hereof).
After he has sent a complaint request to the Company and in the event of impossibility of finding an amicable agreement, the Consumer Client is duly informed that he is entitled to resort to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code.
Whichever Party wishes to resort to mediation, it must first inform the other Party by means of a registered letter with acknowledgment of receipt, specifying the reasons for the dispute.
The Company's mediator is Devigny Médiation (11, rue de l'étang – 49220 Thorigne d'Anjou). It can be entered directly, by following the link below: www.devignymediation.fr .
28. Applicable law and competent jurisdiction
The General Terms and Conditions of Sale and Services are subject to French law.
Any dispute relating to the present will be brought before one of the territorially competent courts within the jurisdiction of the Court of Appeal of Paris under the Code of Civil Procedure.
The consumer Customer has the possibility of submitting any dispute relating to the present either before the jurisdiction of the place where the consumer lived at the time of the conclusion of the Contract, or before that of the place of the occurrence of the harmful event.
In any case, the Consumer Client is duly informed that he is entitled to resort to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code and Article 27 hereof.
For Customers having the quality of trader, any dispute relating to the present will be brought before the Commercial Court of Créteil.
29. French and foreign versions
These General Conditions of Sale are written in French. In the event of contradiction or misinterpretation, they will prevail over any other version which would be written in another language at the request of the Customer.
APPENDIX 1: STANDARD INFORMATION SHEET ON THE RIGHT OF WITHDRAWAL
You have the right to withdraw without giving any reason within fourteen (14) days.
The withdrawal period expires fourteen (14) days after the day on which you: (i) entered into the contract for the provision of services; (ii) or a third party other than the carrier and designated by you, takes physical possession of the goods purchased.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post, fax or e-mail). You can use the model form provided for this purpose, but it is not mandatory.
Requests to exercise the right of withdrawal are addressed to the Company's customer service: (i) by email; (ii) by post. They can also be done over the phone. Requests made by email or by post can be made using the form provided for this purpose in the appendix hereto (Appendix 2).
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of withdrawal on your part, we will refund all payments received from you, with the exception of delivery costs, and in any event, no later than fourteen days from the day on which we are informed of your decision. of withdrawal. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you.
In the event of withdrawal relating to a good, we may defer reimbursement until we have received the said good or until you have provided proof of shipment of the good, the date retained being that of the first of these facts.
You must return or return the goods to us without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw to us. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen (14) day period.
You will have to bear the direct costs of returning the goods.
Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
APPENDIX 2: WITHDRAWAL FORM
If the Customer wishes to exercise his right of withdrawal, in accordance with the conditions provided for in Article 9 of these General Conditions of Service Provision, he has the possibility of using the form below.
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For the attention of SERRURERIE MRJ.
I hereby notify you of my withdrawal from the Contract relating to the sale of the Product(s) and/or the Service(s) below:
- Quotation reference:
- Order(s) on:
- Place of delivery of the Product(s)/performance of the Service(s):
- Last name and first name of the Customer at the origin of the order:
- Address of the Customer at the origin of the order:
- Telephone of the Customer at the origin of the order:
- Email of the Customer at the origin of the order:
Signature of the Customer in the event of notification of this form on paper:
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Address
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34 Rue du Faubourg du Temple,
75011 Paris
Phone: 0148062857
direct line: 0610791803