Terms and Conditions

TERMS OF SALES

The company SASU MAISON BENOIT (hereinafter referred to as "Maison Benoit") is a company providing services, management, concierge, rental representation for individuals and interior design (hereinafter referred to as " the customer "). Maison Benoit may intervene, according to the agreement of the parties, as a direct service provider to the Customer or as an intermediary in the context of a relationship between the Customer and another service provider. Any service provided by Maison Benoit for the Client is hereinafter referred to as the “Service”.

1-OBJECT AND APPLICATION OF THE GENERAL CONDITIONS OF SALE

The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTC") dated 01/01/2023 is to govern the terms and conditions applicable between Maison Benoit and its Customers for the performance of the Services provided either on an ad hoc basis or on a regular basis by subscribing to a package. The details and precise scope of the Service will appear on the contract of engagement to be signed by both parties.

Any order for a Service irrevocably implies acceptance by the Customer of these T&Cs (accessible on the website www.lamaisonbenoit.com). The Customer declares to have read these GCS and to accept them fully and completely, without reservation, before placing any order for the Service.

These General Terms and Conditions of Sale and the resulting transactions are written in French and governed by French law. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

2-SERVICES

MAISON BENOIT offers stewardship and private concierge services to private and corporate clients. It also offers rental representation services to assist the Client, for whom it performs the guarding and stewardship of real estate, as part of its seasonal tourist rentals that it may occasionally do in its main or secondary residence: guarding of keys, reception of travelers, cleaning, logistical follow-up, etc. As such, Maison Benoit provides the client with a digital management tool allowing him to monitor the activity of his property and to directly collect the amounts of rent collected without an intermediary. Maison Benoit only providing services remunerated a posteriori.

3-COMMITMENTS OF THE PARTIES

3-1 Maison Benoit's commitments:

Services are delegated and/or subcontracted to outside professionals only when the services requested require special qualities or due to the unavailability of MAISON BENOIT.

In the case of the intervention of third-party service providers, Maison Benoit undertakes to choose quality service providers and will ensure that any person taking part in the performance of the Services has the professional experience required for the performance of the tasks. assigned to him.

If the service cannot be provided under the conditions envisaged at the time of the request, an alternative proposal is made to the customer. If it is not accepted by the latter, a refund or a discount will be considered.

MAISON BENOIT undertakes to perform all the services for which it is commissioned by the Customer with the level of service and the deadlines announced, in compliance with the rules of the profession.

3-2 Owner Customer Commitment

The Customer certifies that he is the owner (or his legal representative) of the accommodation entrusted to Maison Benoit as part of stewardship, private concierge or rental representation services. And he undertakes not to put any logistical obstacle to the execution of the services for which Maison Benoit is commissioned by him.

In addition, the Customer undertakes to honor the payment of the services legitimately invoiced within the contractual period accepted by both parties.

As part of the rental representation, the Customer undertakes to equip the accommodation in accordance with the quality charter signed during the contractualization, the Owner being irrevocably responsible for the description of the property provided to the tenant.

Finally, the Customer undertakes to respect the vacancy periods of the accommodation dedicated to seasonal rental once he has validated them.

3-3 Commitment of the Tenant

The Tenant agrees to take possession of the leased property, on the date of availability fixed in the contract and in the state in which it will be when it takes possession and as described in the descriptive statement appended to the contract.

Furniture and movable objects should only suffer from depreciation resulting from the normal use for which they are intended. Those which, at the expiration of this agreement will be missing or will have been put out of service, for a cause other than normal wear and tear, must be paid for or replaced with the prior agreement of the Owner, by the Tenant. This clause also applies to wallpapers, draperies and the building in general.

It will be retained, if necessary: the value of broken or cracked objects, the price of washing or cleaning carpets, blankets, mattresses, bedding, etc. … which would have been stained.

The Tenant undertakes to use the furniture and objects furnishing the rented property for the use for which they are intended and in the places where they are located. It is strictly forbidden to transport them outside the rented premises.

The Tenant must absolutely refrain from throwing in sinks, bathtubs, bidets, sinks, laundry rooms, WCs, etc. … objects likely to obstruct the pipes, failing which, he will be liable for the costs incurred for the re-commissioning of these devices.

Under penalty of termination, the Tenant may not, under any circumstances, sublet or assign his rights to this agreement without the written consent of the Owner; he must live in the rented premises and may not, under any circumstances, store furniture there, except for linen and small objects.

Similarly, the Tenant may not under any circumstances use the rented property to organize exceptional events such as weddings, birthdays or other celebrations... without the prior consent of the Owner. No caravans, tents, mobile homes, motorhomes or other shelters are allowed on the property grounds. Any breach of these rules would place the Tenant in breach of this contract.

The rented premises must under no circumstances be occupied by a number of people greater than that indicated in the contract, except with the prior agreement of the Owner. The Tenant must confirm the exact number of occupants. Any excess of the authorized number of tenants will be invoiced in proportion to the number of people without taking into account the duration of the presence of the additional people. The provision of additional beds is strictly prohibited, except for baby beds, on the sole condition that the presence of said babies is mentioned on the rental commitment.

The Tenant will have to let carry out in the places, the urgent works if necessary for the maintenance in state of the rented premises and the elements of common equipment. The Tenant must also leave access to the rented property to the various parties in charge of the routine maintenance of the swimming pool, the garden and the cleaning when this is planned.

The Tenant may not introduce any animal into the premises currently rented, even temporarily, except with the express agreement of the Owner. In the event of rental in a building, the Tenant will comply, as occupants of the premises, with the internal regulations of the building. The Tenant must immediately report to Maison Benoit any malfunction as well as any deterioration, whatever the cause.

4-ORDERS

4-1 Command value

Any order will only become final after it has been confirmed in writing by Maison Benoit electronically or by post. The order will only be validated and considered as definitive when the estimate has been confirmed by the signature of the customer, his legal representative or any person duly authorized for this purpose, preceded by the mention "Good for agreement" and that the contractual deposit requested will have been settled.

The detailed and accepted quote (electronically or by post) serves as an order form and hereby constitutes the contract for the provision of services.

Flat rate Services with monthly payment are renewable each month by tacit agreement.

4-2 Terms of delivery

The delivery conditions of the product or service ordered will be set out in the contract signed by both parties and under the responsibility of Maison Benoit or third-party service providers.

The products and/or services will be supplied to the Customer's home, or any other place designated by the Customer, subject to prior notice defined between Maison Benoit and the Customer at the latter's sole expense. Similarly, in the event of a specific request from the Customer concerning the conditions for the supply of products and/or services, duly accepted in writing by MAISON BENOIT, the inherent costs will be included in the final invoice.

5-CANCELLATION and TERMINATION

5-1 Cancellation of an order:

Any request for modification or cancellation by the Customer of an order confirmed by MAISON BENOIT must be made at least three (3) calendar days before the start of the Services in order to be taken into consideration by MAISON BENOIT. It being specified that any request for modification nevertheless remains subject to the assessment and acceptance of MAISON BENOIT, unless otherwise stated in the context of promotional operations. In the event of refusal of cancellation by the Customer intervening after the period defined in the preceding paragraph may be rejected by Maison Benoit and in this case, the price of the order will remain due by the Customer and the sums already paid by the Customer will not will in no case be returned.

In the context of rental reservations, the cancellation conditions are those specified in the rental offer announcement at the time of reservation. Any reservation implies acceptance of these cancellation conditions. In addition, Maison Benoit undertakes to inform the Customer of its possibility of taking out specific cancellation insurance to cover it in the event of contingencies. If this type of insurance is not taken out, Maison Benoit will not replace it.

As part of the type of services: food shopping, meals, breakfast baskets, etc. : no cancellation will be accepted after order if the food has been purchased or prepared.

In the context of reservations with other service providers, the cancellation conditions of the said service providers will apply, unless otherwise stated in the order.

5-2 Termination of fixed benefits:

Flat-rate Services with monthly payment are not subject to any minimum commitment period and may be terminated at any time by the customer or by MAISON BENOIT, in digital or postal writing, with one calendar month's notice. The Services, subject of the lump sum contract, will be performed and invoiced until the effective date of termination.

If the termination was opposable to Maison Benoit (defect of service or professional misconduct) or to the Customer (default of payment or non-compliance with the GCS) then the termination will be effective immediately, automatically and without notice, upon receipt of the written request. of the principal. The sums due in the event of non-payment will remain so and must be paid following the termination. The services due to the termination must be reimbursed if they are not carried out.

5-3 Right of withdrawal in the event of distance selling

French law (article L121-20-13 of the Consumer Code) extends the right of withdrawal to 14 days from the date of the order or the validation of a price proposal made by internet, by correspondence or by telephone. . During this period, the customer can change his mind and cancel his order without having to provide proof or explanation.

To do this, please send an email to [email protected] or a post to Maison Benoit, 201 chemin de la colline – 83460 Taradeau.

MAISON BENOIT will not be able to take into account any request for oral withdrawal.

He will not be liable for any amount in respect of penalties or other. Any deposit paid with the order will be refunded in full, at the latest within 30 days after notification of the withdrawal (according to article L121-20-1 of the Consumer Code). The service will only take effect at the end of this 14-day period if the customer has not used his right to withdraw (according to article L121-20-13 of the Consumer Code).

However, article L221-28 of the Consumer Code specifies that the right of withdrawal does not apply to package tours or non-flat-rate tourist services. And the 14-day right of withdrawal cannot be exercised for contracts: for the provision of tourist accommodation services, goods transport services, car rentals, catering or leisure activities which must be provided to a date or at a specified period. For these Services reserved online, only the cancellation conditions specified in the advertisement apply.

6-PRICES AND PAYMENT

6-1 Rates

The Services will be invoiced on the basis of the prices defined, in Euros, in the price proposal established by Maison Benoit for the Customer. Unless otherwise stated, price proposals are free and valid for one month. Beyond this period, a new tariff proposal must be drawn up.

In the case of fixed-price Services with monthly payment, any price change must be proposed to the Customer with a notice period of one month.

Invoicing will be done by unit or monthly invoice, in advance or in arrears, depending on the conditions specified in the contract accepted by both parties. Invoices will be sent to the customer by email. Payment will be made upon receipt of invoice and no later than fifteen (15) days after the date of dispatch of the invoice. Payments can be made by cheque, bank transfer or cash. In the absence of payment on the due date, late payment penalties will be applied at the legal interest rate in force.

6-2 Terms of payment

Payment for products and services can be made by bank transfer, credit card, check or cash.

The customer may, in certain cases, be required to pay third-party service providers or suppliers directly, according to the payment conditions applied by the latter.

Failure to pay an invoice on its due date authorizes Maison Benoit to cancel orders or deliveries in progress, without prior notice or prejudice to any compensation and/or course of action and without prejudice to the recovery of sums remaining due by the beneficiary.

In the event of bank rejection, the customer agrees to reimburse the costs invoiced to Maison Benoit.

In the event of non-payment on the due date and after notification of a reminder letter, the debtor is liable under a penalty clause. A rate of late penalties of 5% is then applicable from the payment date indicated on the invoice. The payment of invoices not yet due within 8 days results in the termination of the contract without notice and without any compensation of any kind whatsoever.

Recourse to litigation for the recovery of unpaid sums will be subject to an increase covering at least all of the costs incurred, in particular legal costs.

7-LIABILITY

The Client expressly acknowledges that in the context of its Services, Maison Benoit is only bound by an obligation of means, whether for the Services provided as a service provider or as an intermediary. As part of the Services provided by Maison Benoit as an intermediary, in addition to its liability as an intermediary, Maison Benoit cannot be held liable for any dispute relating to the quality of the products or services (including compliance deadlines or specifications) delivered or carried out by a service provider or third-party supplier.

Any assignment of Maison Benoit by the Client for Services to be performed during the absence of the latter implies that he declares that he does not have cash, jewelry or any other valuable object at his home (failing this, an inventory will be formally carried out) and releases Maison Benoit from any liability in the event of damage that may result from the intervention or occupation of its home by third parties. As such, the Customer must insure his main or secondary residence for occasional seasonal rental and take out all risks and direct or indirect damage insurance that may affect all of his equipment and installations and declares that he is and will be , throughout the term hereof, covered by all insurance policies in accordance with the practices in the matter, in particular with regard to its civil liability with regard to third parties.

In addition, the Customer alone assumes responsibility in the event of non-compliance with laws and regulations relating to housing (presence of smoke detectors, securing of swimming pools, compliance of stairs and guardrails, etc.). As well as his legal responsibility on the regulations relating to seasonal furnished rentals and his tax responsibility on the rents collected by him.

Maison Benoit cannot be held liable in the event that modifications affecting the rented property or its environment have not been brought to our attention by the Owner on the date of the reservation or which occur between the time of the reservation and the entry into the premises of the tenants. The Owner remains fully responsible at all times for the provision of the rented property.

Maison Benoit's liability will be limited to direct material damage caused by a proven fault on its part. As such, Maison Benoit holds a professional multi-risk insurance policy for the performance of its activity with the MAAF group, a certificate will be presented to the Customer on simple request.

8-MAJOR FORCE

MAISON BENOIT cannot be held responsible for the non-performance of its obligations in the event of force majeure as defined by the Civil Code, and in particular in the event of a total or partial strike, flood, fire, computer failure, etc. (non-exhaustive list).

9-RENTAL REPRESENTATION

9-1 Inventory

An inventory of fixtures with the inventory of furniture, equipment, materials and objects will be established in a contradictory manner between the Customer owner (or MAISON BENOIT) and the Tenant when the keys are handed over and when he leaves the premises and this under the sole irrevocable liability of the lessor, i.e. the Owner Client. If the arrival inventory cannot take place, the Tenant will be required to report incomplete inventories and make comments on the inventory within 72 hours of taking possession of the premises. After this period, he will be responsible for claims, damage, lack of inventory (non-exhaustive list) noted later.

The owner Customer may, under his exclusive responsibility, delegate the establishment of the entry or exit inventory to MAISON BENOIT.

9-2 Duration

The rental may not be extended without the prior written consent of the Client-owner, the Tenant thus accepting it. The Tenant declares on his honor that he does not exercise and does not seek to exercise any profession in the rental and that the premises covered by this contract are only rented to him as a temporary tourist residence, a major condition without which this rental could not have been granted.

9-3 Deposit – Penalty clause

The amount paid by the Tenant upon signing hereof constitutes a deposit in accordance with Article L 114 - 1 of the Consumer Code, which the parties accept and acknowledge.

This amount will be deducted from the total amount for the rental provided for herein. In the event of withdrawal by the Tenant, the cancellation conditions specified in the rental offer at the time of booking will apply.

However, if the property covered by this agreement can be re-rented under the same conditions, a refund may be applied.

Any withdrawal must be sent to the Customer owner or to Maison Benoit in digital or postal writing.

9-4 Security Deposit

As a guarantee of the full performance of its obligations and as security for damage that may be caused to the premises, furniture, equipment, materials and objects furnishing the rented premises, the Tenant will pay the Owner if he so requires, on the day of the handing over of the keys, the amount provided for in this respect.

This amount will not bear interest. This deposit will be returned to the Tenant, less the cost of replacing furniture, equipment, materials and missing or damaged objects, any costs for repairs, additional cleaning and various charges not included in the amount of the rent.

This refund will be made by the Owner no later than eight (8) days after the end of the rental.

If the sum thus paid as a guarantee proves to be insufficient, the Tenant will pay the Owner any additional sum upon presentation of supporting documents by the latter, within eight days of said presentation.

9-5 Termination clause

If the Tenant refuses to leave the premises, it will suffice to compel him to do so with an interim order issued by the President of the Tribunal de Grande Instance in whose jurisdiction the rented property is located. In addition, it is expressly agreed that any sum not paid on its due date will, under article 1226 of the Civil Code, be increased by 10% as a penalty clause and this, eight days after the sending of a letter registered letter with acknowledgment of receipt claiming payment and indicating its intention to invoke the penalty clause, without derogating from the resolutive penalty clause previously stated and without prejudice to the damages and interest that may be claimed due to the failure of the Tenant. The costs and fees of the procedure would be borne by the Tenant.

9-6 Complaint

The descriptions of the accommodations are given by Maison Benoit under the full responsibility of the Owners. Maison Benoit declines all responsibility for any modifications made to the accommodation by the owner without his knowledge. However, in the event of a complaint, the tenant must, upon arrival, contact Maison Benoit or at the latest on the first working day after noon and confirm his complaint in writing within 24 hours of his arrival.

The Tenant agrees to allow Maison Benoit the necessary time to verify, possibly on site and in the presence of the Tenant and the Owner, the reasons for the complaint, any responsibilities and to find a solution. Any complaint that is not made within the times indicated and in writing, will not be taken into consideration by MAISON BENOIT.

In the event that the Tenant leaves the accommodation before the arrival of Maison Benoit and without its authorization, he will lose all rights to any reimbursement. No complaint presented after the end of the stay in the accommodation will be taken into consideration or give rise to any reimbursement and/or compensation. Similarly, neither the Owner nor Maison Benoit can be held responsible for irregularities that may occur in the electricity, water, gas or telephone services, the Internet, or work bordering or not on the rental and decline all responsibility. for the lack of enjoyment not resulting from their doing, including for neighborhood disturbances or other nuisances outside the rented part. The present contract limiting the role of Maison Benoit to that of intermediary between the parties, its responsibility cannot be engaged because of the owner or the tenant.

10-COMPUTER PROCESSING OF INFORMATION

In accordance with the amended Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and delete information concerning him. To exercise these rights, the Customer may contact MAISON BENOIT, using the contact details specified in the legal notices of the website www.lamaisonbenoit.com.

11-CONFIDENTIALITY

MAISON BENOIT and the Client undertake, at all times, to respect the confidentiality of the information communicated by the other party or of which it becomes aware from this other party, before, during or after the performance of the Services. Therefore, except with the express prior written consent of the other party, each of the parties undertakes: not to communicate this confidential information to anyone other than those who need it for the smooth running of the Services (including third-party service providers and suppliers), and not to make any use of them 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 or held by one or other of the parties and which will be communicated, in any form whether to the other party within the framework of the Services.

12- INTELLECTUAL PROPERTY

The website www.lamaisonbenoit.com and www.lamaisonbenoit.fr is a website of the company MAISON BENOIT. The content of the site, texts, graphics, icons, photos, logos, as well as their formatting are the exclusive property of MAISON BENOIT, with the exception of images and logos belonging to other partner companies or free of rights.

Any reproduction, distribution, retransmission or modification of these said elements is strictly prohibited without the prior agreement of MAISON BENOIT.

13- APPLICABLE LAW – COMPETENT COURTS

This contract is subject to French law. Any dispute resulting from its execution will be submitted to the courts on which the registered office of MAISON BENOIT depends.