GENERAL TERMS AND CONDITIONS OF SALE
Alpes'intendance, whose head office is located at 1125 Route du Rosay, 74700 Sallanches, is a company specialising in complete property management and concierge services for professionals and private individuals. Alpes'intendance may intervene, according to the agreement of the Parties and depending on the skills required for the provision of services, as a direct service provider or as an intermediary in the context of putting customers in contact with third party service providers or suppliers, hereinafter referred to as the "Services". When Alpes'intendance acts as an intermediary in the relationship between the client and third-party service providers and suppliers (hereinafter referred to as the "Third-Party Service Providers and Suppliers"), it is the client's responsibility to refer to the Third-Party Service Providers' and Suppliers' General Terms and Conditions of Sale, in addition to these Terms and Conditions.
ARTICLE 1: PURPOSE AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale dated 1st April 2024 (hereinafter referred to as the "GTC") is to govern the terms and conditions applicable between Alpes'intendance and its customers for the provision of Services carried out either on a one-off basis or on a regular basis by subscribing to a package (hereinafter referred to as the "Package Contract").
Any order for Services irrevocably implies the client's acceptance of these GCS (accessible on the website: www.alpes-intendance.com) notwithstanding any specific clauses that may appear in the order, unless these have been expressly accepted by the Company. Any waiver by Alpes'intendance of one or more of these clauses shall not affect the validity of the other clauses.
The client declares that he/she has read and accepts the General Terms and Conditions before placing any order for Services.
ARTICLE 2: ORDERING
2.1 Conditions applicable to all orders
All orders will only become final once they have been confirmed in writing by Alpes'intendance by electronic means, following receipt of the order form dated, signed and sent by the customer to Alpes'intendance by electronic means (to the address: alpes.intendance@gmail.com) or by post. If the Services cannot be provided under the conditions envisaged at the time Alpes'intendance makes its price proposal, Alpes'intendance undertakes to use all reasonable means to formulate an alternative proposal to the client. However, alternative proposals will only be implemented with the written agreement of the client. In the absence of confirmation of the order by Alpes'intendance within 48 hours or if no alternative solution is found or accepted by the client, the order will be cancelled.The benefit of the order is personal to the client and cannot be transferred to a third party without the prior written agreement of Alpes'intendance.
Any request by the client to modify or cancel an order confirmed by Alpes'intendance must be made at least three (3) calendar days before the start of the Services in order to be considered by Alpes'intendance. It should be noted that any request for modification remains subject to the appreciation and acceptance of Alpes'intendance. Alpes'intendance may reject any request for modification or cancellation made by the customer after the deadline defined in the previous paragraph. In such a case, the price of the order will remain payable by the client and the sums already paid by the client will not be refunded under any circumstances.
2.2 Special conditions for Services for which Alpes'intendance acts as an intermediary.
The ordering of services by the customer from Alpes'intendance does not imply that the sale or provision of the service is carried out directly by Alpes'intendance.Despite all the care taken by Alpes'intendance, if it acts only as an intermediary or agent in the relationship between customers and Third Party Providers and Suppliers, Alpes'intendance cannot be held responsible for the execution of the sales or service contract and the delivery of the products. Alpes'intendance cannot be held responsible for any damage or prejudice of any nature whatsoever caused by Third Party Providers and Suppliers, including delays in delivery or non-conformity of a product or service. Delays in delivery/fulfilment do not entail cancellation or modification of the order.
If requested by the client and accepted by Alpes'intendance, the latter undertakes to pay Third Party Service Providers and Suppliers in the name and on behalf of clients up to a limit of two hundred and fifty euros (250€). The client must therefore pay the cost of the products and services, as well as the commissions due to Alpes intendance (accepted by the client), directly to Alpes intendance by cheque, bank transfer or cash (mandate Cash).
Above two hundred and fifty euros (€250), the customer undertakes to pay either Alpes intendance prior to the order to the Third Party Providers and Suppliers, or directly to the Third Party Providers and Suppliers in accordance with the terms of payment usually applied by the latter. In this case, invoices are sent directly by the Third Party Providers and Suppliers to the order of the customer.
ARTICLE 3: RATES AND PAYMENT
The Services will be invoiced on the basis of the rates defined in the price proposal drawn up by Alpes'intendance for the customer. Unless otherwise indicated, price proposals are free of charge and valid for three (3) months. After this period, a new price proposal must be drawn up. Any travel expenses will be invoiced in accordance with the price proposal. For Services billed by the hour by Alpes intendance, any half-hour started remains payable in full.
Notwithstanding the previous paragraph, Alpes'intendance may modify the price of the Services (including in the case of a Fixed Price Contract), particularly in the event that VAT becomes applicable. The client will be informed at least one (1) month before the changes come into force. In the event of disagreement, the customer will have the option of terminating the Package Contract without penalty or right to compensation within four (4) months of the entry into force of the changes.With the exception of services carried out as part of a Fixed Price Contract, an invoice will be sent to the customer when the services are completed. By agreement between the Parties, services may be invoiced on a monthly basis in the case of regular or recurring services.
For all Fixed Price Contracts, a monthly invoice will be sent to the customer at the end of the month for services carried out during the month.
Invoices will be sent to the customer by e-mail or, on request, by post.
Payment will be made on receipt of the invoice and no later than seven (7) days after the date on which the invoice is sent. Payments may be made by cheque, bank transfer or cash (money order).
In the case of invoices issued, at the request of a principal, in the name of a third party, the principal and the third party are jointly and severally liable for payment of the invoice and performance of the other commitments set out in the GCS.
If payment is not made by the due date, late payment penalties will be applied at the legal interest rate in force. For professional customers and in accordance with article D.441-5 of the French Commercial Code, any delay in payment shall automatically entail, in addition to the late payment penalties defined in this article, an obligation for the customer to pay a fixed indemnity of €40 for collection costs.
All prices are net, as VAT is not applicable (article 293 B of the French General Tax Code).
ARTICLE 4: RIGHT OF WITHDRAWAL IN THE CASE OF DISTANCE SELLING
French law extends the right of withdrawal to 14 days from the date of the order or the validation of a price proposal made by internet, mail order or telephone. During this period, the customer may cancel the order.
To do so, send an e-mail to alpes.intendance@gmail.com or a letter to Alpes'intendance 1125 Route du Rosay, 74700 Sallanches.
Alpes'intendance will not be able to take into account any oral request for cancellation. In accordance with article L121-20-13 of the French Consumer Code, the customer has 14 days from the date of dispatch of the order to change his/her mind. During this period, the customer may change their mind and cancel their order without having to provide any justification or explanation.
They will not be liable for any penalties or other charges. Any deposit paid at the time of ordering will be reimbursed in full, at the latest within 30 days of notification of withdrawal (in accordance with article L121-20-1 of the French Consumer Code). The service will only take effect on expiry of this 14-day period if the customer has not used his/her right to withdraw (in accordance with article L121-20-13 of the French Consumer Code).
The Services ordered will take effect at the end of the withdrawal period. However, if the customer is certain that he/she does not wish to make use of his/her right of withdrawal and wants the services to begin before this 14-day period, he/she may expressly waive his/her right of withdrawal by indicating this in writing. Services can then begin on receipt of the order form.
ARTICLE 5: TERMINATION
In the case of a Fixed Price Contract or an Annual Contract, if these expressly provide for the possibility for the customer to terminate the Fixed Price Contract or the Annual Contract prematurely, this termination may only take place after receipt by Alpes'intendance of a denunciation of the Fixed Price Contract by written notification from the customer by recorded delivery with acknowledgement of receipt by post. In this case, the termination of the Fixed Price Contract or the Annual Contract will be effective at the end of the month following receipt of the notification. The services covered by the Fixed Price Contract or Annual Contract will be provided and invoiced until the effective date of termination.
Alpes'intendance reserves the right to terminate a Fixed Price Contract or an Annual Contract with its client at any time and without having to justify itself. If sums have been incurred by the client for services not yet provided, a refund will be made.
In the event of non-payment by the client on the due dates agreed in the Package Contract, Alp'intendance may terminate the Package Contract or the Annual Contract without any compensation being payable and without prejudice to any claim for damages by Alpes'intendance and the penalties defined in article 3.
ARTICLE 6: LIABILITY AND INSURANCE
The client expressly recognises that Alpes'intendance is only bound by an obligation of means in the context of the services it provides, whether as a service provider or as a mere intermediary. In the context of services provided by Alpes'intendance as an intermediary, in addition to its responsibility as an intermediary, Alpes'intendance cannot be held responsible for any dispute relating to the quality of products or services (including compliance with deadlines or specifications) delivered or provided by a Third Party Supplier. Requests of any kind (complaints, reservations or disputes, including problems of guarantee or non-conformity) relating to products or services ordered within the framework of the mandate given to Alpes'intendance, must be addressed directly by the client to the Third Party Provider and Supplier concerned, without Alpes'intendance being held liable.
Alpes'intendance may nevertheless forward letters of complaint sent by the client to the Third Party Service Providers and Suppliers concerned.
If the client entrusts a set of keys to his home to Alpes'intendance in order to carry out a service in his absence, a discharge will be signed by the client so that the latter (1) declares that he has no cash, jewellery or any other valuable object in his home and (2) releases Alpes'intendance from any liability in the event of damage which could result from the intervention or occupation, even temporary, of his home by third parties.
Under no circumstances will Alpes'intendance be required to compensate for immaterial damage (consecutive or otherwise) or indirect damage, such as, in particular, loss of market, commercial loss, loss of profit, etc. In any case, the liability of Alpes'intendance will be limited to direct material damage caused by a proven fault on its part and will not exceed 30% of the amount of the order concerned.
Alpes'intendance holds a multi-risk professional insurance policy for the performance of its activity.
ARTICLE 7: CUSTOMER COMMITMENT
The customer undertakes to comply with all applicable laws and regulations, in particular those relating to the rental of furnished tourist accommodation. Under no circumstances will Alpes'intendance be held responsible for the customer's failure to comply with his legal or fiscal obligations.
The client undertakes to take out insurance against all risks and direct or indirect damage that may affect all of his equipment and installations and declares that he is and will be, for the entire duration of the present contract, covered by all insurance policies in accordance with current practice, particularly with regard to his civil liability towards third parties.
ARTICLE 8: PROTECTION OF PERSONAL INFORMATION (CNIL)
In accordance with the French Data Protection Act of 6 January 1978, customers have the right to access, rectify and object to any personal data concerning them.
To do this, the customer simply needs to send a letter to Alpes'intendance, stating their surname, first name and address.
ARTICLE 10: APPLICABLE LAW AND JURISDICTION
By express agreement, these general terms and conditions of sale are governed by French law.
The parties shall endeavour to resolve amicably any dispute relating to the validity, interpretation or performance to which their contractual relationship may give rise. Failing an amicable settlement at the end of a period of three (3) months from the date of notification of the dispute by the requesting party to the other party, exclusive jurisdiction is given to the competent Tribunal de Grande Instance in Bonneville to rule on the dispute.
ARTICLE 9: CONFIDENTIALITY
Alpes'intendance and the client undertake, at all times, to respect the confidentiality of information communicated by the other party or of which they become aware to the other party, before, during or after the provision of services. Accordingly, except with the express prior written agreement of the other party, each of the parties undertakes :
- not to communicate this confidential information to anyone other than those who require it for the proper performance of the services (including Third Party Service Providers and Suppliers),
- not to make any use of it other than for the proper performance of the services.
For the purposes of this article, "confidential information" means any commercial, financial, personal or other information of a confidential nature belonging to or held by either of the parties and which will be communicated in any form whatsoever to the other party in the context of the services.