All services performed by Home Conseil Relocation, for any client (“Client”), is exclusively bound by the following general terms and conditions of sale (the “Contract”) and the specific terms contained in the quotation or service order signed by the Client. These form the whole of the parties’ written and signed agreement.
“Services and counselling provision” provided by Home Conseil Relocation refers to services either performed directly by Home Conseil Relocation on behalf of the Client or through referral to partners performing services outside of Home Conseil Relocation’s scope of work in which case Home Conseil Relocation will not be deemed performing such services itself.
Written offers by Home Conseil Relocation are valid for 30 days starting on their issuance date unless otherwise indicated in said offer.
The timeline indicated in written offers by Home Conseil Relocation are purely indicative and non-compliance with such timelines do not grant a right to the Client to rescind or cancel the contract or claim any damages to Home Conseil Relocation.
The price for Home Conseil Relocation’s services is contained in the quotation or service order, which indicates additional fees applicable to the service.
The price for the service is a fixed fee not inclusive of any expense and disbursement referenced in Article 8.
The price for services of referral to third-parties may not be deemed a commission.
The price includes any rebate or discount Home Conseil Relocation may agree to.
Home Conseil Relocation may modify the fees for its services at any time. Nonetheless, prices indicated in written offers and service orders is firm.
The payment terms are, unless indicated otherwise in the written offer or service order: payment by bank check or wire transfer, 30 days upon receipt of the invoice.
Any fees associated to receiving international wire transfers may be billed back to the Client by Home Conseil Relocation.
Invoices are payable in Lyon, France.
Home Conseil Relocation does not grant any discount for anticipated payment.
In the event of late or absent payment of all or part of the services, the Client shall incur a penalty equal to three (3) times the legal interest rate in France.
The interest rate applicable is the one of the day services are rendered.
This penalty is calculated on the price or portion thereof unpaid, inclusive of all taxes and VAT, from the date it is due and without the need for any formal notice being required.
Additionally, any unpaid sum will incur an additional indemnity of forty (40) Euros for recovery costs.
Articles 441-6, I alinéa 12 et D. 441-5 of the French commerce code.
The Client warrants and represents it will provide Home Conseil Relocation with full and accurate information, in compliance with all applicable law, enabling Home Conseil Relocation to fulfill its services.
In case a service is terminated by the client before its completion, Home Conseil Relocation will invoice the Client on the basis of time spent on the service.
The Client is fully liable for all expenses and fees engaged by Home Conseil Relocation during the provision of its services.
Home Conseil Relocation shall have the right to use subcontractors for part or all of its service delivery without the Client having the ability to oppose such a decision.
All or part of the invoicing for home finding services delivered by Home Conseil Relocation may be covered by the MOBILI-PASS® subsidy granted by Action Logement through a delegation of payment.
If, for any reason, the home finding service does not lead to a lease signature, making it impossible to cover the costs for services of Home Conseil Relocation, the Client agrees to take the whole of Home Conseil Relocation’s invoicing in charge.
SUBJECT TO PUBLIC POLICY PROVISIONS, HOME CONSEIL RELOCATION IS ONLY LIABLE FOR AN OBLIGATION OF MEANS IN THE PROVISION OF ITS SERVICES.
In any case, the liability of Home Conseil Relocation for the non-execution of its obligations under these terms and conditions is limited to the direct, actual damage suffered by the Client and, under no circumstances, shall be greater than the total price for the services in question.
Home Conseil Relocation’s liability shall not be sought after in case the damage suffered by the Client stems from incomplete or inexact information as mentioned in Article 7. The Client will indemnify Home Conseil Relocation for any damages stemming from this provision of incomplete or inexact information by the Client.
In the event of force majeure or unforeseeable circumstances (for example total or partial strikes within Home Conseil Relocation, transportation or postal services, floods, fires, etc.) preventing it from delivering its services, Home Conseil Relocation shall be relieved of its obligations under these terms and conditions.
Home Conseil Relocation’s liability shall not be sought after for the non-execution of its contractual obligations in the event they are impacted by an event with the qualities of a force majeure event.
Force majeure in this context is defined as an event not preventable and not resistible as defined by article 1148 of the French civil Code.
Failure for Home Conseil Relocation, at any time, to require performance by the Client of any provision of these terms and conditions shall not be deemed a continuing waiver of that provision or a waiver of any other provision of these terms and conditions.
Whenever possible, each provision of these terms and conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms and conditions.
If within fifteen (15) days of auctioning Article 6 “Late payment” of these terms and conditions, the Client has not proceeded to these payments, this agreement will be terminated as of right and Home Conseil Relocation will be entitled to seek damages.
These terms and conditions shall be construed according to and governed by the laws of France, without regard to its conflict of law provisions.
Any dispute shall fall under the jurisdiction of the Lyon Commerce court.