GENERAL TERMS AND CONDITIONS OF SALE OF THE NATIONAL REMOVALS CONTRACT FOR PRIVATE INDIVIDUALS

These general terms and conditions of sale and the special conditions negotiated between the company and the customer determine the rights and obligations of each of them. They apply by right and by express agreement between the parties (articles 1103, 1104 and 1193 of the Civil Code), to removal operations, the object of this contract.

The present general terms and conditions of sale take into account article 40 of the law n°2009-1503 of 8 December 2009, the order of 27 April 2010 relating to the advertising of prices for removal services, the recommendation n°16-01 of 24 March 2016 relating to removal, furniture storage and self-service storage contracts, as well as the NF EN 12522-1 and -2 standards and the NF 144 certification rule of AFNOR Certification. They take effect on 1 September 2018.

I - GENERAL PROVISIONS

ARTICLE 1 - Content and scope of application

The general terms and conditions of sale shall apply as of right to the following services:

  • Moving ́nagement
  • Groupage
  • Transport Logistics

The sale shall be deemed to have been concluded on the date of acceptance of the order. All orders imply unreserved adherence to these general terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by the seller. The buyer declares that he has read and accepted these general terms and conditions of sale before placing his order.

ARTICLE 2 - Pre-contractual information

2.1 Prior to the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.

2.2 The following information shall be provided to the buyer in a clear and comprehensible manner:

- The essential characteristics of the service.

- The price of the service.

- In the absence of immediate performance of the contract, the date or time limit by which the service provider undertakes to deliver the goods or perform the service, regardless of the price.

- Information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the existence and methods of implementation of guarantees and other contractual conditions.

2.3 The service provider shall provide the buyer with the following information:

  • Its name or corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address.
  • The terms and conditions of payment, delivery and performance of the contract, as well as the terms and conditions laid down by the professional for handling complaints.

2.4 The service provider shall communicate or make available to the purchaser the following information :

  • Status and legal form, contact details to enable rapid contact and direct communication with him.
  • If applicable, the registration number in the Trade and Companies Register or in the Trade Register.
  • For activities subject to an authorisation scheme, the name and address of the authority that issued the authorisation.
  • For the service provider subject to value added tax and identified by an individual number pursuant to Article 286 ter of the General Tax Code, his individual identification number.
  • For a service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted and the name of the professional body or association with which he is registered.
  • The general terms and conditions if he uses them.
  • Any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor and the geographical coverage of the contract or commitment.

ARTICLE 3 - Conditions for carrying out the move

At the request of the company, the customer must provide all information allowing the material realization of the removal, as well the place of loading as that of the delivery (conditions of access for the personnel and the vehicles, possibility of parking, work in progress and all other particularities). The customer is informed in advance of the additional costs that he may have to bear in the event of missing or inaccurate information. The customer must also indicate the objects whose transport is subject to special regulations (wines, alcohol, weapons, etc...), the possible administrative formalities being at his expense. A free estimate describing the characteristics of the planned operation is provided by the company to the customer. It defines the particular conditions which complete the present general conditions. If the volumes indicated on the quote at the time of booking are modified, it is agreed that the client will inform the company at least 48 hours before the pick-up date. The quote will be updated and the pick-up maintained within the limit of the volumes still available.

ARTICLE 4 - Postponement and cancellation of the contract

Unless otherwise stipulated in the special conditions, any sums paid in advance are considered as deposits. Except in cases of force majeure :

  • In case of postponement or cancellation by the customer, the deposit is not refunded.
  • In the event of postponement or cancellation by the company or its default, the professional shall refund double the amount.

Any postponement or cancellation of the date of execution of the contract (without deposit) by the customer (except in cases of force majeure),

gives rise to an indemnity for the benefit of the company. It corresponds to 30% of the price excluding VAT of the accepted quote.

ARTICLE 5 - "Damage" Coverage

The company has the option to offer the customer the option of opting for a so-called "MUST damage" guarantee designed to secure the furniture against certain risks for which it does not legally assume any responsibility. The cost of this guarantee is notified to the customer, who has the option of choosing it or not.

ARTICLE 6 - Indefinite time limit for execution

If, at the customer's request, no date or formal period of execution is set, the customer may send a formal notice by registered letter to the company, in the event that the company has not carried out the transport within a normally foreseeable period. As from this formal notice, the company has a period of ten days to carry out the agreed operation. If it fails to do so, within the ten-day period and except in cases of force majeure, the contract shall be deemed to have been terminated by the company and the sums paid shall be refunded.

ARTICLE 8 - Intellectual Property

All technical documents provided to the buyers remain the exclusive property of the company, the sole owner of the intellectual property rights to these documents. Purchasing customers undertake not to make any use of these documents that may infringe the supplier's industrial or intellectual property rights and undertake not to disclose them to any third party.

ARTICLE 9 - Language of the contract

The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

II - ORDER AND PAYMENT TERMS AND CONDITIONS

ARTICLE 10 - Order and quotation

By order, we mean any order relating to the services listed in the seller's price list, and accepted by him, accompanied by the payment of any deposit that may be required once the order has been placed. Any order received by the seller is considered firm and final. It entails full and complete adherence and acceptance of the present general terms of sale and payment obligation. For the services giving rise to the establishment of a preliminary estimate, the sale will be considered final only after the service provider has established it and sent the buyer confirmation of acceptance of the order.

ARTICLE 11 - Prices

The prices are firm and definitive. Except for specific conditions specific to the sale, the prices of the services provided are those appearing on the estimate on the day of the order. They are expressed in legal currency including taxes. The prices fixed in the contract may only be modified if unforeseeable charges beyond the company's control, linked to the methods of execution, arise before the start of each of the operations (collection, transport, delivery, etc.). In this case, the parties may agree by mutual consent to modify the provisions of the contract, subject to agreeing on new terms and conditions and the consequences that may result on the price fixed. As a general rule, this provision applies to all additional services not provided for in the initial contract (estimate). The minimum threshold for acceptance is 240e (including VAT), if the market value is lower, the quote will automatically be increased to reach this level.

ARTICLE 12 - Validity of prices

If the date of implementation has not been set, the company and the customer determine the period of validity of the prices as of the

date of drawing up the quotation. Once this period has elapsed, the parties are no longer committed.

ARTICLE 12 - Terms of payment

Unless otherwise expressly provided for in the special terms and conditions, payment of the price shall be made in cash on the day of the service. Payment shall be made in a single instalment and in full within 24 hours from the date of delivery.

In the event of late payment in accordance with the law of 4 August 2008, late payment penalties shall be payable on the basis of three times the legal interest rate, it being specified that early payment shall not give rise to discounting. For professionals, any sum not paid by the due date will automatically generate interest on late payment as well as the payment of a lump sum of 40 euros for collection costs.

ARTICLE 14 - Payment periods between companies

In accordance with Articles L.441-3 and 6 of the French Commercial Code, invoices are payable within 30 days from the date of issue. No discount is granted for early payment. In the event of late payment, late payment penalties will be due the day after the due date on the basis of 15% per year of the amount including tax of the services. These late payment penalties shall be automatically and by right acquired without any formality or prior formal notice. Late payment will also result in the payment of a fixed indemnity fixed at 40 € for collection costs, which may be increased according to the actual costs incurred and justified.

III - REALIZATION OF BENEFITS

ARTICLE 15 - Benefits due by the company

The services are agreed with the customer prior to the move and precisely defined in the quotation. The company does not take charge of people, animals, dangerous, explosive or flammable materials, jewellery, coins, precious metals or valuables. Any exception to this rule must be the subject of a written agreement between the company and the client before the start of the removal.

ARTICLE 16 - Mandatory presence of the client

The customer or his representative must be present both at the loading and at the delivery; he must check before the departure of the vehicle that no object has been forgotten in the premises and outbuildings where the load was located. The company's representative is entitled to require the customer to record in writing any deterioration prior to the removal.

Unless otherwise specified between the parties, the company's services shall be paid for by the customer upon delivery. The method of payment shall be agreed between the parties upon confirmation of the quotation. The accepted methods of payment are: credit card, bank transfer or cash.

IV - CORPORATE RESPONSIBILITY

ARTICLE 17 - Legal liability

The company has an obligation of result towards its client. As such, in the event of damage or delay, it must compensate the customer according to the damage caused and proven, except in cases of force majeure, inherent defect of the thing or fault of the customer, which is the basis of its legal liability. On the other hand, it is not up to it to define itself the limit of this liability and therefore the resulting price variations: this is the subject of the special conditions freely negotiated with the customer.

ARTICLE 18 - Liability for delay

The company is obliged to carry out the removal according to the date of loading and delivery, or in the case of groupage or organized tour, according to the period indicated on the consignment note. Except in cases of force majeure, the compensation due in the event of delay is calculated according to the prejudice demonstrated and borne by the client and the special conditions negotiated between the company and the client.

ARTICLE 19 - Liability for damage or loss

The company is responsible for the furniture and objects entrusted to it, except in cases of force majeure, inherent defect of the thing, made by a third party or fault of the customer. It declines all responsibility with regard to operations that are not carried out by its employees or intermediaries. When the company does not carry out the packing, the contents of the packages packed by the customer cannot constitute a foreseeable damage except precise inventory (article 1231-3 of the Civil Code).

In addition, the special conditions freely negotiated between the company and the customer must be binding, under penalty of nullity of the contract:

  • Indicate: the maximum amount of compensation for all the furniture transported (overall value), the deemed maximum amount for each object and/or set of objects not individually identified on the declaration of value, the cost of the premium, depending on the overall value attributed by the customer and the guarantee chosen.

Include a declaration of value for all objects and/or sets of objects whose value exceeds the maximum amount determined above.

V - DELIVERY OF FURNITURE AND FORMALITIES IN CASE OF DAMAGE

ARTICLE 20 - Home Delivery

Upon receipt, the customer must check the condition of his furniture and give a discharge as soon as the delivery has been completed using the declaration of completion of work. By express agreement between the parties, it is agreed that in the event of loss or damage, and in order to safeguard his rights and means of proof, it is in the interest of the customer to make precise and detailed written reservations on this declaration as soon as the furniture is delivered and put in place, in the presence of the company's representatives. In the absence of reservations on delivery or in the event of reservations disputed by the representatives of the company on the consignment note, the customer must, in the event of loss or damage, address his reasoned protest to the company by registered letter. These formalities must be completed within 10 calendar days of receipt of the items transported. Failing this, the customer is deprived of the right to take action against the company. It is reminded that the absence of reservations on delivery may imply a presumption of delivery in conformity.

ARTICLE 21 - Delivery to storage facilities

Delivery to a furniture repository is treated as a home delivery and terminates the removal contract. The costs of entry into furniture storage are separate and invoiced to the customer by the professional who takes charge of the furniture.

ARTICLE 22 - Deposit required due to impediment to delivery

In the event of the customer's absence at the delivery addresses indicated by him, or in the event of material impossibility not caused by the company, the furniture is automatically placed in a furniture repository, at the company's discretion and at the customer's expense. By all appropriate means, the company shall report to the customer on this deposit operation, which shall terminate the removal contract.

VI - DETAILS OF COMPENSATION ARTICLE 23 - Compensation for delay

My Truck to Share has a freight transport insurance policy with Aviva under contract no. 78320541.

In the event of failure to comply with the dates or periods provided for, except in cases of force majeure, the compensation due is calculated on the basis of the delay and the prejudice demonstrated and actually borne by the customer.

ARTICLE 24 - Compensation for Loss and Damage

Depending on the nature of the damage, loss and damage shall give rise to repair, replacement or compensation. The compensation is limited to the material loss and the amounts defined in the special conditions of sale negotiated between the company and the customer.

ARTICLE 25 - Statute of limitations

By express agreement between the parties, it is agreed that legal actions for damage, loss or delay to which

may give rise to the removal must be instituted within one year of delivery of the furniture.

ARTICLE 26 - Amicable settlement of disputes

In accordance with the provisions of the Consumer Code relating to the "mediation process for consumer disputes", the individual customer has the right, with a view to the amicable resolution of a dispute arising from the contract and opposing him to the company, to have recourse, free of charge and under the conditions laid down by the said code, to a consumer mediator.

The company's referent mediator is the MEDICYS Centre for Mediation and Settlement of Judicial Officers, which can be reached by :

  • Electronics - www.medicys.fr or contact@medicys.fr
  • Postale - MEDICYS / Centre de médiation et de règlement amiable des huissiers de justice / 73 boulevard de Clichy 75009 PARIS