Terms and Conditions of Sale (T&Cs)
Preamble
The sole trader operating under the business name CONCIERGE PRIVÉ DES CHARENTES (José da Silva, sole trader), hereinafter referred to as the “Service Provider”, operates a business specialising in property management, concierge services and residential management for individual property owners, hereinafter referred to as the “Client”.
The Service Provider may act either directly, carrying out services themselves, or as an intermediary, arranging contact between the Client and a tradesperson or specialist service, hereinafter referred to as an “External Service Provider”.
In the latter case, the Service Provider acts solely as an intermediary and cannot be held responsible for the proper execution of services carried out by the External Service Provider, which remain under the full responsibility of the latter.
Purpose
These Terms and Conditions of Sale govern all concierge, property management and residential management services offered by the Service Provider to the Client.
Services
Services include:
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Access management
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Technical services
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Cleanliness and linen
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Administrative assistance
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Short-term rental
Services are carried out in accordance with the quotation or package subscribed to by the Customer.
Rates
The pricing schedule for services constitutes a contractual document annexed to these Terms and Conditions. Prices are expressed inclusive of VAT, revised annually and communicated to the Client by 1st December of year N-1 for implementation on 1st January of year N.
In addition to service charges, mileage expenses are charged at actual cost on the basis of €0.40 (VAT inclusive) per kilometre travelled. These expenses cover travel necessary for executing the assignment from the registered office in Jonzac.
In the event of a significant and justified increase in external costs such as raw materials, fuel or statutory charges, a price revision may occur with a minimum notice period of 60 days and limited to a maximum increase of 10% per year. The Client has 30 days to terminate the contract without penalty if the increase exceeds 10%.
Obligations of the Service Provider
The Service Provider undertakes to carry out services with diligence, care and professionalism, to inform the Client of any anomaly identified during the assignment, to respect the confidentiality of information communicated as well as the security of access (keys, codes, badges and personal data), and to process the Client’s personal data in accordance with applicable regulations, in particular the General Data Protection Regulation (GDPR).
Obligations of the Client
The Client undertakes to provide the Service Provider with all necessary means of access and ensure they are in working order, to maintain the property insured and compliant with applicable regulations, and to pay all sums due in accordance with the agreed terms and deadlines.
The Client must inform the Service Provider within 48 hours of any change in access. In the event that access is impossible for reasons attributable to the Client, the service will be charged at the standard hourly rate of €28 VAT inclusive for travel time, with no possibility of refund. If the Service Provider must call upon a locksmith to access the property, all related costs shall be borne entirely by the Client.
Cancellation of Services
In the event of cancellation of a scheduled service, cancellations within subscribed packages are free of charge and the service is rescheduled within the contract year. For bespoke services, cancellation less than 48 hours before the scheduled time results in a charge of 50% of the planned amount. Cancellation less than 24 hours before, or absence, results in a charge of 100%, except in cases of proven force majeure supported by documentation.
Client Insurance
The Client undertakes to maintain valid comprehensive home insurance covering at a minimum water damage, fire, public liability, theft and vandalism, and accidental glass breakage.
The Client must inform their insurer of the Service Provider’s regular presence in the property and ensure that their insurance policy covers this situation. Upon request, the Client shall provide a valid insurance certificate. The Service Provider cannot be held liable in the event of a claim if the Client is not properly insured.
Liability
The Service Provider is liable for damage caused to the Client only in the event of proven fault in the execution of services, within the limits of their Professional Public Liability Insurance.
Liability cannot be engaged in the event of damage resulting from lack of maintenance, negligence or failure attributable to the Client, force majeure events as defined by Article 1218 of the French Civil Code, or interventions carried out by External Service Providers appointed with the Client’s prior agreement.
Any complaint relating to a service must be made in writing within 30 days following its execution. After this period, no complaint may be considered except in the case of a proven latent defect.
Acts of God (Force Majeure)
In the event of force majeure within the meaning of Article 1218 of the French Civil Code, the Service Provider is released from their contractual obligations.
Force majeure events include, but are not limited to, natural disasters, fires, general strikes affecting transport or public services, epidemics or pandemics declared by health authorities, wars, terrorist attacks, riots, large-scale electrical or telecommunications failures, and administrative decisions such as lockdowns or travel restrictions.
In the event of temporary force majeure, services are suspended without charge and resume once the event ends. In the event of permanent force majeure lasting more than 30 days, the contract is terminated automatically without compensation, and services already performed remain due.
Term and Termination
The contract is concluded for an indefinite period and takes effect from the date of signature. It includes a minimum commitment period depending on the package subscribed.
Annual packages (Serenity, Comfort, Prestige) and short-term rental packages (Signature, Elegance) have a minimum commitment of 12 months. The Discovery Offer has a fixed commitment of 3 months and is strictly limited to one subscription per client and per property. At the end of this period, the Client may switch to another package or to a la carte services. A la carte services are provided without any minimum commitment.
After the minimum commitment period, the contract is automatically renewed by tacit renewal unless terminated by either party with 30 days’ written notice.
Satisfaction Guarantee – Discovery Offer Only
The Discovery Offer benefits from a satisfaction guarantee valid for one month from the first service. It provides a fixed refund of €100 out of the €540 of the offer, upon written request without justification. Refunds are processed within 15 days by bank transfer. This guarantee applies exclusively to the Discovery Offer.
Right of Withdrawal
In accordance with applicable consumer law, when the contract is concluded remotely or off-premises, the Client has a statutory period of 14 calendar days to withdraw.
Applicable Law and Jurisdiction
These Terms and Conditions are governed by French law. In the event of any discrepancy between the French and English versions, the French version shall prevail.
In the event of a dispute, the parties shall seek an amicable solution. Failing agreement within 30 days, the dispute may be submitted to mediation. If mediation fails or is not pursued, exclusive jurisdiction is granted to the courts of Saintes (France).
Consumer Mediation
In accordance with consumer law, the Client has the right to use a consumer mediator free of charge for the amicable resolution of disputes. The competent mediator is currently being appointed. The Client may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
Payment and Terms of Services and Purchases
Services provided by the Service Provider are invoiced monthly, around the 20th of each month, and payable by bank transfer no later than the last working day of the month. Late payment may result in statutory penalties and recovery costs of €40.
For purchases under €200, an initial deposit of €200 is requested upon contract signature, with monthly detailed statements provided. The deposit must be replenished monthly to its original amount, and any remaining credit is refunded within 15 days at the end of the collaboration.
Purchases over €200 are paid directly by the Client after prior approval by the Service Provider.
Services carried out by External Service Providers are invoiced directly to the Client by the External Service Provider and paid directly by the Client after validation. Copies of invoices are forwarded to the Service Provider. Payment terms vary according to the amount.
Intellectual Property and Data Produced
Inspection reports, photographs and any documents produced as part of the services remain the property of the Service Provider. The Client is granted a personal, non-transferable right of use strictly for property management purposes. Any public or commercial use or transfer to third parties is prohibited without prior written consent.
Data is retained for a period of 12 months from the end of the contract.
Acceptance
The signature of the quotation or written confirmation of an order constitutes full, complete and unreserved acceptance of these Terms and Conditions of Sale. These Terms supersede any prior or contradictory document unless otherwise agreed in writing by the Service Provider.
