Terms and conditions of sale

Sommaire

Article 1 – DESIGNATION OF THE PARTIES

1.1 The Provider:

Corporate name: SARL AIX SERVICES MENAGERS - A.S.M.
Share capital: €8,000.00
Registered office: 11 Rue Blaise Cendrars, 13090 Aix-en-Provence
Email address: asm10@orange.fr
Telephone: 04.42.59.46.68
Company registration number (RCS): Aix-en-Provence B 484981576
SIRET: 484 981 576 00024
VAT number: FR30484981576

1.2 The Client:

Any individual using the services of the Provider, having signed the specific conditions of the Contract, in order to benefit from the Provider’s services.

Article 2 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale and Service (hereinafter referred to as "GTC") apply to all repair and maintenance services for household appliances provided by SARL AIX SERVICES MENAGERS (hereinafter referred to as "the provider") to its clients (hereinafter referred to as "the client") within the framework of its professional activity, from the beginning of this relationship until its definitive end, without either party being able to consider that these obligations could be extended to services or situations not mentioned herein.

These GTC form an integral part of any service contract concluded between the provider and the client.

Any order for services implies unconditional acceptance of these GTC, which prevail over all other conditions, except for those expressly accepted by the provider.

The client declares having read and accepted these General Terms and Conditions prior to the conclusion of the service contract. The validation of the service order by the client constitutes acceptance without restriction or reservation of these General Terms and Conditions.

Article 3 – PERFORMANCE OF SERVICES

3.1 Provider’s Services

The provider’s scope of intervention covers the repair and troubleshooting of household appliances and equipment for the home and garden. The main characteristics of the services are presented on the provider’s website: https://www.aixservicesmenagers.com/

3.2 Pre-contractual Information

Prior to immediate purchase or placing an order and concluding the contract, the General Terms and Conditions of Sale are communicated to the client, who acknowledges having received them. The following information is transmitted to the client in a clear and understandable manner:

  • The essential characteristics of the service;
  • The price of the service, or, if the price cannot be calculated, the method of calculation and, where applicable, all additional transport, delivery, postage or other costs;
  • Payment and delivery terms;
  • If the contract is not executed immediately, the date or deadline by which the provider undertakes to perform the service;
  • The provider’s name or corporate name, geographical address of its establishment and, if different, that of its registered office, telephone number and email address;
  • Payment, delivery and performance terms, as well as the procedures provided by the professional for handling complaints;
  • In case of sale, the existence and conditions of the legal warranty of conformity (Articles L.217-1 et seq. of the Consumer Code), the warranty against hidden defects (Articles 1641 et seq. of the Civil Code), and, where applicable, the commercial warranty and after-sales service (Articles L.217-15 and L.217-17 of the Consumer Code);
  • The duration of the contract when concluded for a fixed term, or the conditions of termination for an indefinite-term contract;
  • For digital content, any relevant interoperability with hardware or software known or reasonably foreseeable by the professional;
  • Information relating to the provider’s identity, legal status, registration number, VAT identification number, and any professional liability insurance or financial guarantee subscribed, including insurer details and geographical coverage.

3.3 Nature of Services

The services provided may include:

  • Installation, troubleshooting and maintenance at home;
  • Workshop repairs;
  • Advice and delivery;
  • Ordering spare parts.

The provider undertakes to perform the services with the utmost care and within the agreed deadlines. Given the nature of these services, the parties agree that the provider is bound only by an obligation of means, and its liability can only be engaged if a breach or fault in fulfilling its obligations is duly established. Maintenance visits and replacement of spare parts will be carried out exclusively by technicians designated by the provider, who reserves the right to take back defective or worn spare parts free of charge upon replacement.

3.4 Products Concerned

The products concerned may include:

  • Small household appliances (coffee makers, irons, citrus presses, etc.);
  • Medium household appliances (toasters, vacuum cleaners, steam stations, etc.);
  • Large household appliances (washing machines, dryers, ovens, refrigerators, etc.).

3.5 Geographical Scope

The provider covers the Aix region within a radius of 50 km, either at the workshop or at home, including the following towns and municipalities: Aix-en-Provence, Beaurecueil, Bouc-Bel-Air, Cabriès, Châteauneuf-le-Rouge, Coudoux, Éguilles, Fuveau, Gardanne, Gréasque, Jouques, Lambesc, La Roque-d`'Anthéron, Le Puy-Sainte-Réparade, Les Pennes-Mirabeau, Meyrargues, Meyreuil, Mimet, Pertuis, Peynier, Peyrolles-en-Provence, Puyloubier, Rognes, Rousset, Saint-Antonin-sur-Bayon, Saint-Cannat, Saint-Estève-Janson, Saint-Marc-Jaumegarde, Simiane-Collongue, Le Tholonet, Trets, Vauvenargues, Venelles, Ventabren, Marseille and surrounding areas.

Article 4 – PRICE AND QUOTATIONS

4.1 Price

Services are provided at the rates in force at the time the order is registered by the provider. Workshop repair rates can be found on the provider’s website: https://www.aixservicesmenagers.com/. Prices are firm and final. Unless expressly stated otherwise, the prices of services performed are those listed in the price catalog on the day of the order. They are expressed in euros, both excluding and including taxes. Additional administrative and/or management fees may be added, under the conditions indicated in the provider’s price catalog.

4.2 Quotations and Invoices

For services requiring a prior quotation, the sale will only be considered final after the provider has issued a quotation and sent the client confirmation of acceptance of the order. Quotations issued by the provider are valid for 30 days. An invoice is issued by the provider and given to the client upon completion of the ordered service. Any additional costs not included in the initial quotation will be subject to a supplementary billing proposal. In case of specific client requests or service difficulties, related costs may also be subject to additional billing. Prices listed on quotations and invoices are expressed in euros, both excluding and including taxes. The service is deemed completed upon notification by the provider of the final invoice.

Article 5 – TERMS OF PAYMENT

Unless expressly provided otherwise in the specific conditions, payment is due in full on the day the service is performed. If stipulated in the specific conditions, a deposit is required when placing the order, namely:

  • Small household appliances: €14
  • Medium household appliances: €20
  • Large household appliances: €29
  • Cold-producing appliances: €39
  • Hi-fi products: €49

Payments made by the client are considered final only after actual receipt of the amounts due. Advance payments accrue interest at the legal rate after three months from payment until service execution, without prejudice to the obligation to perform the service. Interest is deducted from the balance payable upon delivery of the goods or execution of the service. In accordance with Article L221-10 of the Consumer Code, the provider undertakes not to cash payment before seven days after the conclusion of the contract. Exceptionally, this period does not apply to urgent maintenance or repair work requested by the client at their home, limited to the spare parts and work strictly necessary to meet the emergency. In case of cancellation by the client of an accepted order, deposits paid remain acquired by the provider, without prejudice to claims for damages to cover losses caused by such cancellation.

Article 6 – DURATION OF THE CONTRACT

6.1 Performance of the Service and Termination of the Contract

Unless otherwise specified in the contract’s special conditions, the service will be performed within 30 days from receipt of a valid order by the provider. This 30-day period may be extended if the provider needs to order a necessary spare part, in which case the period is extended by the delivery time of said part. If the provider fails to perform within the agreed timeframe, the client may terminate the contract under Articles L.216-2, L.216-3, and L.216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or other durable medium, after granting the provider a reasonable additional period. The contract is considered terminated upon receipt of the client’s notice, unless the provider performs in the meantime. The client may also terminate immediately if the provider refuses to perform or fails to meet a deadline that was an essential condition of the contract. Costs and risks related to termination are borne exclusively by the provider. Except in cases of force majeure, deposits paid are non-refundable.

6.2 Right of Withdrawal

The consumer client benefits from Article L.221-18 of the Consumer Code, which grants a 14-day withdrawal period for contracts concluded remotely, following telephone solicitation, or off-premises, without the need to justify the decision or bear costs other than those provided for in Articles L.221-23 to L.221-25. This period runs from the conclusion of the contract for service contracts, or from receipt of the goods for sales contracts. Special rules apply for multiple deliveries, staggered deliveries, or regular deliveries of goods.

6.3 Standard Withdrawal Form

In accordance with Article R221-1 of the Consumer Code, a withdrawal form template is provided to the client:

“To the attention of Aix Services Ménagers, 11 Rue Blaise Cendrars, 13090 Aix-en-Provence: I/We hereby notify you of my/our withdrawal from the contract for the following service: Contract concluded on: … Name(s) of consumer(s): … Address(es) of consumer(s): … Signature(s) of consumer(s) (only if this form is notified on paper): … Date: …”

6.4 Refund

The provider must reimburse the consumer for all amounts paid, including delivery costs, without undue delay and no later than 14 days from notification of withdrawal. If reimbursement is delayed, statutory interest and penalties apply according to Article L.242-4 of the Consumer Code, ranging from 5% to 50% depending on the length of delay, with additional increments for each month thereafter.

6.5 Order Cancellation – Termination

In case of cancellation by the client after acceptance by the provider, except for force majeure or within the legal withdrawal period, the deposit paid will be retained by the provider as compensation for costs incurred (file opening, storage, time spent). Return shipping costs of the product to the client are borne exclusively by the client.

Article 7 – CLAIMS

Without prejudice to the legal and commercial warranties stipulated below, the client has a period of 2 days from the return of the products subject to the service to submit any claims by mail, email, or telephone, accompanied by all necessary supporting documents, to the provider. Customer service can be reached via the "Contact Us" section of the website, by email at asm10@orange.fr, or by postal mail at the address indicated in the legal notices: 11 Rue Blaise Cendrars, 13090 Aix-en-Provence. The client must also, upon request from the provider, present the concerned product. The provider will endeavor to find an amicable solution, refund, or correct as quickly as possible and at its own expense any services whose defect has been duly proven by the client.

Article 8 – WARRANTIES

To implement one of the warranties, the client must contact Aix Services Ménagers by email at asm10@orange.fr or by registered mail with acknowledgment of receipt at: 11 Rue Blaise Cendrars, 13090 Aix-en-Provence.

8.1 Legal Warranty of Conformity

In accordance with Annex to Article D.211-2 of the Consumer Code: The consumer has a period of two years from delivery of the goods to obtain enforcement of the legal warranty of conformity in case of a defect. During this period, the consumer only needs to prove the existence of the defect, not the date of its appearance. If the contract involves continuous supply of digital content or services for more than two years, the warranty applies throughout the supply period. The legal warranty of conformity requires the professional to provide necessary updates to maintain conformity. The consumer is entitled to repair or replacement of the goods within 30 days of request, free of charge and without major inconvenience. If repaired, the warranty is extended by six months. If replaced, a new two-year warranty applies from the replacement date. The consumer may obtain a price reduction or terminate the contract with full reimbursement if:

  • The professional refuses repair or replacement;
  • Repair or replacement occurs after 30 days;
  • Repair or replacement causes major inconvenience;
  • The defect persists despite attempted repair.

The consumer may also terminate the contract immediately if the defect is serious enough. The consumer does not have the right to terminate the sale if the defect is minor. Any immobilization period for repair suspends the warranty until the goods are returned. These rights result from Articles L.217-1 to L.217-32 of the Consumer Code. The provider who obstructs enforcement of the warranty in bad faith may incur a civil fine of up to €300,000 or 10% of average annual turnover (Article L.241-5 of the Consumer Code). The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, valid for two years from discovery of the defect.

8.2 Legal Warranty Against Hidden Defects

This warranty covers non-apparent defects affecting the product after the service has been performed. The client may invoke the legal warranty against hidden defects under Article 1641 of the Civil Code, and in such case may choose between termination of the contract or a price reduction under Article 1644 of the Civil Code. The client has two years from discovery of the defect to enforce this warranty. The warranty against hidden defects coexists with the warranty for defective products. In accordance with Article L.224-109 of the Consumer Code, applicable to professionals offering maintenance and repair services for household appliances, IT and telecom equipment, screens, and monitors, the provider offers, for certain categories of spare parts, the option of using parts from the circular economy instead of new parts, subject to availability.

Article 9 – AFTER-SALES SERVICE AND COMMERCIAL WARRANTY

In addition to the legal warranties mentioned above and in accordance with Article L.217-22 of the Consumer Code, the provider offers the client a commercial warranty for a period of 3 months after delivery of the repaired item. Where applicable, and subject to the terms specified in the contract between the client and the provider, the provider reserves the right to extend this warranty to a period of 6 to 12 months. This warranty applies in the event of a breakdown or malfunction of the repaired item during the warranty period.

Article 10 – RECOURSE TO MEDIATION

In accordance with Articles L.612-1 and following of the Consumer Code, the client has the right to use a consumer mediator free of charge in the event of a dispute with the provider. The mediator’s contact details will be communicated to the client upon request. The client may also use the European online dispute resolution platform available at: https://ec.europa.eu/consumers/odr/.

Article 11 – PROFESSIONAL LIABILITY INSURANCE

The provider declares that it has subscribed to professional liability insurance covering its activities. Details of the insurer and the geographical scope of coverage are available upon request from the client.

Article 12 – CONFIDENTIALITY

12.1 Protection of Personal Data

The provider undertakes to comply with applicable regulations regarding the protection of personal data, in particular Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the French Data Protection Act. Personal data collected from clients is processed solely for the purposes of executing services, managing orders, and complying with legal obligations. Clients have the right to access, rectify, delete, and oppose the processing of their personal data, which they may exercise by contacting the provider at asm10@orange.fr. Data is retained for the duration strictly necessary for the purposes for which it was collected.

12.2 Telephone Solicitation

The provider complies with the provisions of Article L.223-1 of the Consumer Code, which allows any consumer to register free of charge on a list opposing telephone solicitation. The provider undertakes not to engage in unsolicited telephone marketing to clients registered on this list.

Article 13 – FORCE MAJEURE

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure as defined by Article 1218 of the French Civil Code. Force majeure includes events beyond the control of the parties, which could not reasonably have been foreseen at the time of the conclusion of the contract, and whose effects cannot be avoided by appropriate measures, thereby preventing the performance of the obligation. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated, and the parties are released from their obligations.

Article 14 – APPLICABLE LANGUAGE

These General Terms and Conditions are drafted in French. In the event of translation into one or more languages, only the French text shall prevail in case of dispute.

Article 15 – INDEPENDENCE OF CLAUSES

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such under a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect. The invalidated clause will, where possible, be replaced by a valid clause that reflects the original intent of the parties.

Article 16 – APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions are governed by French law. In the event of a dispute, and failing amicable resolution, jurisdiction is expressly granted to the competent courts of Aix-en-Provence, notwithstanding multiple defendants or third-party claims. This jurisdiction clause applies even in cases of summary proceedings or emergency procedures.