FaouëtInformatique

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General Conditions of Sale

at 31/10/2024

Please note: This is an automatic translation, and may be inaccurate. In case of any confusion, please use the definitive French version of this document

Article 1 – Definitions

Article 2 – Purpose

The service provider is an IT support company that offers services intended to meet the needs of a private or professional customer wishing to benefit from an intervention.

Article 3 – Acknowledgement and acceptance of the General Terms and Conditions of Sale

Article 4 - Services offered

Article 5 - Location and duration of the Interventions

Article 6 - Limit of interventions

6.1 - Equipment belonging to the customer

The services can only be carried out on equipment belonging to the customer. The latter expressly guarantees that the equipment presented for the intervention is his full and entire property. The use of the equipment requires the use of various software, in the broad sense (operating systems, office software, anti-virus software, parental control software, etc.) which must have been legally acquired by the customer.

6.2 - No sale of computer products and hardware troubleshooting

While the service provider can provide advice or recommendations on the acquisition of a computer product (hardware or software), it does not sell any. It also does not provide hardware troubleshooting (hard drive, screen, motherboard, keyboard, battery, etc.), but only software troubleshooting.

6.3 - Intervention within the framework of a maintenance or warranty contract with a third party

Prior to any order for an intervention, the customer must personally ensure that the service provider's intervention is not incompatible with the maintenance or warranty contract(s) that it may have taken out on its equipment with third parties. The service provider cannot be held responsible for the loss of the maintenance or warranty contract taken out by the customer on its equipment with third parties.

Article 7 - Rates of SERVICES

7.1 - Free quote

The customer can request a quote prior to any intervention. It will be sent by the service provider by email. This quote is free and valid for one month.

7.2 - Current rate

7.3 - Home travel expenses

Travel expenses are free for any intervention in the city of Le Faouët, within a maximum of 15km from the center of Le Faouët.

7.4 - Updating prices

The services offered are provided at the prices in effect when the order is registered by the service provider. The service provider reserves the right to modify its prices at any time; current orders will not be affected by price updates.

Article 8 - Formation of the contract

8.1 - By telephone

The customer calls the service provider to place an order for a service at the following telephone number: 06 62 64 66 57. During the telephone call, the customer and the service provider set the conditions of the Intervention (customer identity, location, date and time, requested services and associated prices). The client verbally consents to the terms of the intervention, the sale of the services being then considered final.

8.2 – By email

The client sends an email to the service provider to order the service at the following address: mark@berthelemy.net . During the electronic conversation, the client and the service provider set the terms of the Intervention (client's identity, location, date and time, requested services and associated rates). The client consents to the terms of the intervention, the sale of the services being then considered final.

8.3 – Quote

In the event that the estimated amount of a service is greater than €100, the service provider will send a quote to the client. The client accepts the quote, firmly and definitively, by adding the words "Good for agreement", the date and his signature. Upon receipt of this (by mail, email or in person) by the service provider, the sale of the service is considered final. In the event of a request for modifications, the service provider will send a new quote subject to the customer's acceptance.

Article 9 - End of the contract

Once the service has been performed by the service provider, the service will be completed; any new request from the customer will give rise to a new contract, invoiced at the current rate (see Article 7).

Article 10 - Right of withdrawal

10.1 - In the event of an urgent request by the customer

The customer is informed that he does not have a right of withdrawal, because in accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency.

10.2 - In the event of a non-urgent request by the customer

Article 11 - Modifications or cancellation of an order by the customer

Article 12 - Reasons for cancellation or termination of an intervention at the initiative of the service provider

The service provider reserves the right to refuse an intervention requested by the customer or to terminate an intervention in progress at the customer's home if:

Article 13 - Invoicing and payment of SERVICES

13.1 - Invoicing

Following the intervention of the service provider, an electronic invoice is sent by email to the client as soon as possible.

13.2 - Payment

13.3 - Late payment and recovery costs

In the event of late payment, the customer will be charged a late payment penalty of an amount equal to the total amount due, increased at the interest rate of 4.92% (the legal interest rate in the 2nd half of 2024), pursuant to the provisions of Article L. 441-6 of the French Commercial Code. This increase is calculated on the amount of the amounts due and on the number of days of delay, from the payment deadline shown on the invoice. Late payment penalties will be acquired automatically and by operation of law by the service provider, without any formality or prior formal notice, without prejudice to any other action that the Service Provider would be entitled to take, in this respect, against the customer. The service provider's recovery costs for unpaid invoices are entirely the responsibility of the customer, with a fixed compensation of €40 in addition to the late payment penalty.

Article 14 - Customer obligations

Article 15 - Obligations and liability of the service provider

The service provider only contracts an obligation of means in the performance of the services and undertakes to implement all means to ensure, in optimal conditions, the services to the customer.

15.1 – Exclusions of liability

The service provider may not be held liable for any delay or non-performance of services if the cause of the delay or non-performance is due to a case of force majeure or an unforeseeable event, such as as defined by the case law of the French courts. The service provider cannot be held liable in the event of a fault on the part of the customer or in the event of a handling error by the customer or non-compliant use of its equipment. The customer remains responsible for the data present on its computer installation. In the event of total or partial loss of data of any kind, the service provider cannot be held liable for any direct or indirect damage, material or immaterial, relating to this data. The customer accepts that the intervention of the service provider on one of its equipment is likely to result in a breach of the manufacturer's warranty and/or the supplier from whom the customer purchased its equipment, a warranty which is not replaced by any warranty from the service provider.

15.2 – Warranty of services

15.3 - Limitation of compensation

Generally speaking, in the event that the service provider's liability is incurred as a result of the non-performance or poor performance of the contract, or for any other cause attributable to the service provider, compensation for the total loss will be limited to the direct loss suffered by the customer, without exceeding the amount of the sums that will have been invoiced to him under these General Terms and Conditions.

15.4 - Insurance

The service provider has taken out professional liability insurance with: MMA IARD Assurances Mutuelles - 72030 le Mans CEDEX 9, to cover damage that may be caused during the interventions.

Article 16 - Privacy Policy

Our privacy policy explains how we use your personal data, so that you know what information we collect, how we use it and in what circumstances.

16.1 - What type of personal information do we collect?

The type of personal data collected are: name, first name, postal address, telephone number, email, payment method and intervention history.

16.2 - How do we collect personal information?

We collect your personal information through our website, when sending a message via our contact form or when booking online. By telephone or email when making an appointment or requesting information.

16.3 - Why do we collect this personal information?

We collect this personal information:

1) To provide and operate our services 2) To manage our customers and prospects 3) For marketing and commercial purposes 4) To request an opinion on our services 5) To comply with the laws and regulations applicable in France.

16.4 - How do we store personal information?

16.5 - How long is your data stored?

Your data is kept for the entire duration of the commercial relationship. It can be used for commercial prospecting purposes, for a maximum of 5 years from the end of this commercial relationship. Accounting documents and records, such as quotes and invoices, are kept for 10 years.

16.6 - How do we use cookies and other tracking tools?

Our website uses Piwik Pro and Cal.com which uses cookies for important reasons, such as:

You can view the privacy policy of cal.com here:

https://cal.com/privacy

Our website https://faouetinformatique.net may contain links to other websites. We are not responsible for their privacy policies.

16.7 - How can you exercise access to your personal data?

16.8 - Updating our privacy policy

We reserve the right to modify this privacy policy at any time, so we invite you to consult it frequently. Changes and clarifications will take effect as soon as they are published on the website. Our customers will be informed by email in the event of significant changes.

Article 17 - Complaints and Disputes

17.1 Complaints

In the absence of reservations or complaints expressly issued by the customer upon receipt of the services, these will be deemed to comply with the order, in quantity and quality. The customer has a period of 24 hours from the completion of the services to issue in writing on paper or by email, such reservations or complaints, with all supporting documents, to the service provider. No claim may be validly accepted in the event of non-compliance with these formalities and deadlines by the customer. Any claim concerning a service must be made to the contact details appearing in the header of these T&Cs.

17.2 Disputes