ARTICLE 1 – CHAMP D’APPLICATION
These General Conditions of Sale constitute, in accordance with Article L. 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which SARL AD CLEANING, registered with the RCS of Antibes under number 911 772 473, whose head office is located at 1554 Route du Bord de mer à – Résidence l’Aquarama in SAINT- LAURENT-DU-VAR (06700) referred to throughout these terms and conditions as “The Service Provider”, provides professional Customers referred to throughout these terms and conditions as “The Customers or the Customer” who request them, by email to the Service Provider, the following Services: Industrial cleaning of refrigeration systems and cleaning of industrial kitchen cabinets carried out in the presence of a customer’s technician, referred to throughout these terms and conditions as “the Services”.
They apply, without restriction or reservation, to all Services provided by the Service Provider to Customers of the same category, regardless of the clauses that may appear in the Customer’s documents, and in particular its general conditions of purchase.
In accordance with the regulations in force, these General Terms and Conditions of Sale are systematically communicated
to any Customer who requests them, to enable them to place an order with the Service Provider. They are also communicated to any Customer prior to the conclusion of a single agreement referred to in Articles L. 441-3 et seq. of the French Commercial Code, within the legal time limits.
Any order for Services implies, on the part of the Client, acceptance of these General Conditions of Sale, including when the client concludes a contract with the Service Provider providing for specific conditions for the purpose of carrying out one of the services set out above.
The information contained in the Service Provider’s catalogues, prospectuses and price lists is given for information purposes only and may be revised at any time.
The Service Provider is entitled to make any modifications it deems useful.
They will remain in force as long as the company carries out its activity.
ARTICLE 2 – ORDERS
2.1 Orders must be sent by customers directly to the service provider’s email at the following address: contact.adcleaning@gmail.com
Sales of Services are only complete after the Provider has:
acknowledgement of receipt of the customer’s email in which the customer must imperatively indicate the time period during which he needs the service provider to carry out the service(s) ordered,
communicated these general conditions of sale to the Customer and, where applicable, the special conditions, received the acceptance of these general terms and conditions of sale from the Customer by email in response. Acceptance of all of these General Terms and Conditions of Sale constitutes proof of the sales contract.
Once these steps have been completed, the order has been processed and accepted by sending an email.
The data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Client.
2.2 Any changes to the order requested by the Customer will only be taken into account, within the limits of the Service Provider’s possibilities, if they are notified by email to the address indicated above, at least 10 days before the date scheduled for the Provision of the Services ordered, as agreed by email.
2.3 In the event of cancellation of the order by the Customer after its acceptance by the Service Provider less than 15 days before the date scheduled for the Provision of the Services ordered, for any reason other than force majeure, a sum corresponding to the number of travel days which had been predefined on an hourly price as stipulated in the “Prices” article
below for the Services will be acquired by the Service Provider and invoiced to the Customer, as damages, in compensation for the loss thus suffered.
2.4 If the duration of the order is shortened during the order, each day ordered will be due (on a minimum basis of 4 hours of work per cleaner, i.e. €200 excluding tax per cleaner).
ARTICLE 3 – PRICES
The Services are provided at the Service Provider’s rates in effect on the day the order is placed, at an hourly rate set at €50 excluding VAT/cleaner, except from Friday at 8:00 p.m. until Monday at 5:00 a.m., when the latter will be increased by 25%/ hour.
Prices are net and exclusive of tax and do not include the travel fee to the location of the service.
Travel: The reference starting point will be the address furthest from the assigned cleaning technician. An hourly rate of €50 excluding VAT/cleaner will be applied from the first minute of the journey.
An invoice is drawn up by the Service Provider and given to the Client during each Provision of Services.
The customer is already informed that the Services are billed at least on the basis of 4 hours of work, i.e. €200 excluding VAT/cleaner.
If, exceptionally, the price of the services cannot be known a priori or indicated with exactitude, the conditions for determining the cost as well as the method of calculating the price allowing the latter to be verified, will be communicated to the Client or will be the subject of a detailed estimate, at the request of the Client in accordance with the provisions of article L. 441-1, III of the French Commercial Code.
The Customer may benefit from price reductions, depending on the number of Services ordered on the same site, or the regularity of its orders for Services, under the conditions and according to the terms described in the Service Provider’s rates. In such cases, a contract providing for special conditions will be communicated and signed between the Service Provider and the customer.
ARTICLE 4 – PAYMENT TERMS
4.1 Payment terms The price is
payable in cash, in full on the day of the Provision of the Services ordered, under the conditions defined in the article “Terms of Provision of Services” below, and as indicated on the invoice given to the Customer.
In accordance with Article L 441-10 of the French Commercial Code, the payment period may not exceed 30 days after the date of provision of the services, unless otherwise agreed by the parties. The agreed payment period may not exceed 60 days from the date of issue of the invoice. By way of exception, a maximum period of forty-five days end of month after the date of issue of the invoice may be agreed between the parties, provided that this period is expressly stipulated by contract and that it does not constitute a manifest abuse with regard to the creditor.
The price is payable in full and in a single payment within FIFTEEN (15) DAYS from the Provision of the Services ordered, as defined in these General Terms and Conditions of Sale (article “Terms of Provision of Services”), agreed between the Customer and the Service Provider during the commercial negotiation. This period will be mentioned on the invoice that will be given to the Customer by the Service Provider.
Payments are made only by check and bank transfer to the Service Provider’s account, the Bank Identity Statement of which will have been provided at the same time as the invoice.
No discount will be applied by the Service Provider for payment before the date appearing on the invoice or within a period shorter than that mentioned in these General Conditions of Sale.
4.2 Late payment penalties
In the event of late payment and payment of the sums owed by the Client beyond the deadline set above, and after the payment date appearing on the invoice sent to the Client, late payment penalties calculated at the daily rate of 30% of the amount including tax of the price of the Services appearing on said invoice, will be automatically and automatically acquired by the Service Provider, without any formality or prior formal notice.
Late payment will result in the immediate payment of all amounts owed to the Service Provider by the Client, without prejudice to any other action that the Service Provider would be entitled to take, in this respect, against the Client.
In the event of non-compliance with the payment conditions set out above, the Service Provider also reserves the right to suspend the Provision of the Services ordered by the Client, to suspend the execution of its obligations and to cancel any discounts granted to the latter.
4.3 Absence of compensation
Unless expressly agreed in advance in writing by the Service Provider, and provided that the reciprocal receivables and debts are certain, liquid and due, no compensation may be validly made by the Customer between any penalties for delay in the Provision of the Services ordered or non-compliance with the order, on the one hand, and the sums paid by the Customer to the Service Provider for the purchase of said Services, on the other hand.
ARTICLE 5 – TERMS OF PROVISION OF SERVICES
The Services requested by the Customer will be provided within the maximum time period indicated by the customer when placing the order from the receipt by the Service Provider of the order email.
This deadline does not constitute a strict deadline and the Service Provider may not be held liable to the Customer in the event of a delay in the Provision of Services not exceeding ONE (1) month. In the event of a delay exceeding ONE (1) month, the Customer may request the termination of the sale.
The Service Provider shall not be held liable under any circumstances in the event of delay or suspension of the provision of the service attributable to the Client, or in the event of force majeure.
The Services will be provided at the location indicated by the customer when placing the Order.
In the event of a specific request from the Client concerning the conditions of Provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to specific additional invoicing, after acceptance by the Client by email.
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.
No claim may be validly accepted if the service is carried out under the supervision of a technician appointed by the Client.
ARTICLE 6 – LIABILITY OF THE SERVICE PROVIDER – GUARANTEE
The Service Provider guarantees, in accordance with legal provisions, the Client against any lack of conformity of the Services and any hidden defect, arising from a design or Supply defect of said Services, excluding any negligence or fault of the Client or its technician.
The Service Provider’s liability may only be incurred in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.
The Service Provider cannot be held responsible for any faults of any nature (negligence, direct, indirect, etc.) committed by the Client’s technician, who remains the latter’s full responsibility.
In order to assert its rights, the Client must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, by email, of the existence of the defects within a maximum period of seven (7) days from their discovery.
The Service Provider will rectify or have rectified, depending on the nature of the defects noted, at its exclusive expense, in accordance with the appropriate procedures approved by the Client, the Services deemed defective.
In any event, in the event that the Provider’s liability is retained, the Provider’s guarantee would be limited to the amount excluding tax paid by the Client for the Provision of the Services.
ARTICLE 7 – PERSONAL DATA
The personal data collected from Customers are subject to computer processing carried out by the Supplier. They are recorded in its Customer file and are essential for processing its order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable guarantees.
The data controller is the Supplier. Access to personal data will be strictly limited to employees of the data controller, authorized to process them due to their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the authorization of the Customer being necessary.
In the context of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Supplier shall not sell, rent, transfer or give third parties access to the data without the prior consent of the Customer, unless required to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Client will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to him.
In accordance with the applicable regulations, the Buyer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to object to processing for legitimate reasons, rights which he can exercise by contacting the data controller at the following address: contact.adcleaning@gmail.com.
of
has
postal or email
In the event of a complaint, the Client may submit a complaint to the CNIL (Commission Nationale de l’informatique et des libertés, 3 place de Fontenoy – TAS 80 715 75 334 PARIS Cedex 7, tel 01.53.73.22.22 Fax: 01.53.73.22.00 – www.cnil.fr).
ARTICLE 9 – UNFORESEEN EVENTS
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all operations of Provision of Services by the Service Provider to the Client. The Service Provider and the Client therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the
regime of unforeseen circumstances provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences thereof.
ARTICLE 10 – SPECIFIC EXECUTION
By way of derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of failure by either Party to fulfil its obligations, the Party suffering the failure may not request forced execution.
ARTICLE 11 – EXCEPTION OF NON-PERFORMANCE
The Parties expressly declare that they waive the right to rely on the provisions of Articles 1219 and 1220 of the Civil Code and the regime of the exception of non-performance provided for therein.
Consequently, they undertake to fully and completely execute these presents even in the event of a breach on the part of one or the other.
However, if the impediment were definitive or continued beyond 30 days from the date of notification of the impediment by registered letter, these presents would be purely and simply resolved according to the terms defined in the article Resolution for failure of a party to fulfill its obligations.
ARTICLE 12 – 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, within the meaning of Article 1218 of the Civil Code
or from exceptional health or climatic hazards beyond the control of the Parties.
The Party noting the event must immediately inform the other Party of its inability to perform its service and provide justification to the latter. The suspension of obligations may in no case be a cause of liability for non- performance of the obligation in question, nor lead to the payment of damages or late payment penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of SIXTY (60) days.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by email to the address indicated by the customer when ordering and to the following address: contact.adcleaning@gmail.com, with regard to the Service Provider.
If the impediment is permanent or exceeds a period of SIXTY (60) days, these terms and conditions will be purely and simply resolved according to the terms defined in the article “Termination due to force majeure”.
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the party prevented from attending.
ARTICLE 13 – TERMINATION OF THE CONTRACT
13.1 Termination for non-performance of a sufficiently serious obligation
The Party suffering the default may, notwithstanding the Termination clause for failure by a party to fulfill its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the Defaulting Party by registered letter with acknowledgment of receipt of the wrongful termination of these presents, 15 days after receipt of a formal notice to perform which has remained unsuccessful, and this in application of the provisions of Article 1224 of the Civil Code.
13.2 Resolution for force majeure
It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.
13.3. Termination for breach of a party’s obligations
In the event of non-compliance by either party with the following obligations:
non-performance of the industrial cleaning service by the Service Provider,
non-payment on the due date of the Services ordered by the Client,
Absence of the Client’s technician for reception,
prevention of the Provider from accessing the premises of the service due to the fault of the Client,
referred to in Articles 1 and 4, this may be resolved at the discretion of the injured Party.
It is expressly understood that this resolution for failure of a Party to meet its obligations will take place automatically, the formal notice resulting from the sole fact of non-performance of the obligation, without notice or execution of formalities.
13.4 Provisions common to cases of resolution
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put on notice by the sole enforceability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their usefulness as and when the contract is mutually performed, they will not give rise to restitution for the period prior to the last service not having received its counterpart.
In any event, the injured Party may seek legal action for damages.
ARTICLE 14 – WAIVER
The fact that the Service Provider does not assert any of the clauses herein at any given time cannot be considered a waiver of the right to assert these same clauses at a later date.
ARTICLE 15 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
The Service Provider reserves the right to adapt or modify these general terms and conditions of sale at any time. In the
event of modification, it will be applied to each order.
the general terms and conditions of sale in force on the day of the order, which will be communicated in advance to the
customer by email at the convenience of the Service Provider, provided that the Customer has made a request in
accordance with article 1 hereof.
In the absence of communication despite the Customer’s request, the new general conditions of sale cannot apply to the
current order and to all those which follow until the communication of the modified general conditions of sale.
ARTICLE 16 – ATTRIBUTION OF JURISDICTION
All disputes to which this contract and the agreements arising from it may give rise, concerning their validity, interpretation, execution, resolution, consequences and follow-up will be submitted to the competent courts of the City of Nice.
ARTICLE 17 – LANGUAGE OF THE CONTRACT – APPLICABLE LAW
These General Conditions and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 18 – CUSTOMER ACCEPTANCE
These General Terms and Conditions of Sale are expressly approved and accepted by the Customer, who declares and acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms and conditions of purchase, which will be unenforceable against the Service Provider, even if it has been made aware of them, with the exception of specific contracts concluded directly between the Customer and the Service Provider, where applicable.
ARTICLE 19 – COOKIES
We use cookies on our website to improve your browsing experience and facilitate the use of certain features. Cookies are small text files stored on your device when you visit our site.
19.1 Purposes of cookies
The cookies we use are only intended to optimize your experience on our site. They allow us to:
- Improve navigation: Cookies help us make your navigation smoother by remembering your preferences and settings (e.g. language, choice of region, etc.).
- Analyze site usage: Thanks to cookies, we can anonymously track site usage, collect statistical data to improve the content and functionality of the site.
- Optimize performance: Cookies help us detect technical errors and improve the speed and reliability of our site.
19.2 Respect for privacy
We would like to assure you that we do not resell your personal data collected via cookies to third parties. All data collected is treated in a strictly confidential manner and used only to improve your browsing experience. We do not collect sensitive data, such as banking information or personal identifiers, without your explicit consent.
19.3 Cookie Management
You have the option to manage cookies via your browser settings. You can configure your browser to:
- Accept all cookies,
- Be informed each time a cookie is sent,
- Systematically refuse cookies.
Please note that refusing certain cookies could limit access to certain features of our site or alter the user experience.
19.4 Consent to the use of cookies
By browsing our site and using our services, you consent to the use of cookies in accordance with the terms of this section. You can withdraw your consent at any time by changing your browser settings or by disabling cookies via our management tools.