The company BATSENSE is an SAS with capital of 2000 euros whose head office is located at 9 Avenue Alexandre Maistrasse, 92500 Rueil Malmaison registered no. 838 238 26 RCS Nanterre.
1. OBJECT
The purpose of these general conditions of sale (hereinafter “the General Terms and Conditions”) is to define the conditions under which the company BATSENSE provides the Customer with repair services and work concerning buildings or furniture falling within the scope of the competence of the company and specified during the telephone call or when requesting intervention. These services will be carried out either by employees of the company or by its subcontractors. For his part, the customer certifies that he has all the capacity to contract these orders. The Customer acknowledges having received these General Terms and Conditions from BATSENSE prior to signing the quote issued by BATSENSE. These General Terms and Conditions apply, without restriction or reservation, to all services and/or merchandise provided by the company BATSENSE. The fact that a natural or legal person places an order with the company BATSENSE implies full acceptance of these General Terms and Conditions. These can be communicated upon simple request by telephone, email or postal mail. The General Terms and Conditions in force on the day the order is concluded will prevail, where applicable, over any other version and the waiver of its own conditions, unless otherwise specifically agreed in writing. The BATSENSE company reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Terms and Conditions, those applicable are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request. The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by the company BATSENSE cannot constitute a waiver on its part of the other clauses of the General Conditions of Sale which continue to have their effects. The NF P 03-001 standard “Specification of general administrative clauses applicable to building works subject to private contracts” is applicable unless exceptions may be made to them.
2-PRICE
The prices of services and goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. The BATSENSE company grants itself the right to modify its prices at any time. However, it undertakes to invoice the services and goods ordered at the prices indicated when the order is registered (4). Subject to eligibility, work carried out by the BATSENSE company may be subject to VAT at a reduced rate including the obligation to complete form 1300-SD or 1301-SD published by the Ministry of the Economy, Finance and the industry also entitled simplified sworn certificate. If the customer signs a quote where he benefits from a reduced rate but refuses to return the eligibility certificate, the TF company authorizes itself not to carry out the work or invoice the normal VAT rate.
3-DISCOUNT
The proposed prices include discounts and rebates that BATSENSE would be required to grant taking into account its results or the payment by the customer of certain services. No discount will be granted in the event of early payment.
4-QUOTE – ORDER – INVOICE
Establishing a quote is mandatory from an amount of €150 including tax (decree of March 2, 1990. The validity period of a quote is 15 days; after this period, the elements contained therein worn may be modified by the company BATSENSE, confirmation should be requested. In the case of a quote (excluding emergency maintenance or repair work), a deposit of 40% may be requested when ordering and the balance at the end of the project. In this case, the collection of this deposit will only be made by the company 8 days after signing the order. Once the quote(s) have been accepted and signed(s). ) by the customer. It will thus have the value of a ''Purchase Order'' for the execution of the work at the end of the withdrawal period. Any deadlines provided for in the quote are only valid if the quote is signed within 7 days. A quote is only valid if a minimum deposit check of 30% of the amount including tax has been cashed by the company BATSENSE. Our quotes, drawings, plans, models, descriptions and working documents remain our exclusive property. Their communication to other companies or third parties is prohibited and subject to damages. They must be returned or destroyed if they are not followed by an order. All invoices are payable in cash.
5-PAYMENT
Our work being entirely carried out to order (excluding emergency maintenance or repair work), payment is made as follows: 10% upon ordering, 30% at the start of the work and the balance on the due date shown on the bill. No discount, rebate or deduction of any kind. Payment for orders is made by cash, check, credit card and bank transfer.
6-LATE PAYMENT
In the event of total or partial failure to pay for the services and goods delivered, the customer must pay BATSENSE a late payment penalty equal to three times the legal interest rate. The legal interest rate used is that in force on the day after the payment deadline indicated on the invoice. The legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014). This penalty is calculated on the amount including tax of the remaining amount due, and runs from the due date of the price without any prior notice being necessary. In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs (articles 441-6 , I paragraph 12 and D. 441-5 of the Commercial Code).
7-RESOLUTORY CLAUSE
If within fifteen days following the implementation of the “Late payment” clause, the customer has not paid the remaining amounts due, the order will be automatically canceled and may give rise to the right to compensation for damages. and interests for the benefit of the BATSENSE company.
8-DEADLINES
Delivery times are given for information only unless otherwise stated on the quote. We are released from any commitment relating to delivery times in the event that the payment conditions have not been observed by the customer, there is a delay in submitting the execution order, or a modification to the work program. , delays by other bodies of state, additional work, where the premises to be fitted out are not made available to us on the scheduled date, force majeure or events such as war, strike of the company or the one of its suppliers, impediment to transport, fire, bad weather, or even out of stock from the supplier.
9-CONDITIONS OF EXECUTION
We are only required to start work within the time frame set out in our offer. The installation of our works can only be carried out after completion of the spaces reserved for this purpose and after complete drying of the masonry, plasterwork and tiling. For carpenters: The performance of the wood essentially depends on the humidity level of the premises in which the joinery is placed. BATSENSE cannot be held responsible for deformation, warping or shrinkage of wood occurring as a result of variations in humidity levels.
10-SUSPENSION OF WORK
In the event of non-compliance with the payment conditions, BATSENSE reserves the right to suspend the work three days after having given the customer formal notice to honor its commitments.
11-RECEPTIONS – COMPLAINTS
The work will be received no later than 15 days after its completion. Failing this receipt within 30 days following completion of the work, the work will be considered accepted without reservation. Acceptance of the work takes place upon completion. Upon completion of the work, the client or his representative undertakes to sign a report of acceptance of the work with or without reservation. In the absence of the Client or his representative, acceptance of the work is carried out by the company's teams alone, on the same day of the end of the project, with or without reservation. Unreserved receipt releases BATSENSE from all contractual obligations other than legal guarantees. The reasons for refusal of acceptance must be specified to the BATSENSE company by registered letter with acknowledgment of receipt within three days following the end of the project. If reception cannot be achieved amicably, the parties will proceed through a bailiff, the costs of which will be the exclusive responsibility of the customer. All disputes to which the Services concluded in application of these General Terms and Conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the company BATSENSE and the Customer will be submitted to the competent courts under the conditions of common law. Under article L. 612-1 of the Consumer Code. Complaints must be received no later than 30 days after the end of the work, unless the company's liability is incurred for a longer period under the legislative and regulatory texts in force. Any problem cited by the client with part of the work carried out does not authorize him to suspend payment for the work completed. The complaint must be sent in writing by registered letter to the following address BATSENSE - Customer Service, 9 AV ALEXANDRE MAISTRASSE, 92500 Rueil Malmaison or by email contact@batsense.fr.
12-RESERVATION OF OWNERSHIP
In the event of 100% non-payment of an invoice including equipment and services, the BATSENSE company remains the owner of the equipment which was installed by its employees or its subcontractors. The BATSENSE company reserves the right to intervene and practice removing the equipment that may have been installed. The customer will be notified by registered letter 8 days before the planned filing by the BATSENSE Dispute Service. As such, if the customer is subject to receivership or liquidation, the company BATENSE reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid. By express agreement, ownership of the goods supplied is reserved for the company until the last day of their full payment, it being specified that within the meaning of this clause, only the actual cashing of checks will constitute payment. It is further specified that the transfer of risks passes to the customer as soon as he takes physical possession of the property.
13-CRIMINAL CLAUSES
In the event of termination of the contract, attributable to the customer, before the work ordered is carried out, the deposit paid on the order will be retained as lump sum compensation. To this amount will be added the amount of supplies and equipment already ordered. In the event of termination of the contract while the work is being carried out, a lump sum equal to 15% of the tax-inclusive amount of the quote or order will be added to the billing for the work carried out. In accordance with article L441-6 of the commercial code, late payment penalties are necessarily applied in the event that the amounts due are paid after the payment date appearing on the invoice. The rate of this late payment interest is equal to 1% per month of delay. After formal notice, they run from the payment date and are calculated per month, the month started counting as an entire month.
14- INSURANCE RESERVE
All damage caused by sanitation and unblocking interventions, or in the case of a door opening, is not the responsibility of the BATSENSE company. During an electrical intervention, if the installation does not comply with the NF C 15-100 standard, the BATSENSE company cannot be held responsible. All activities carried out by the company BATSENSE are insured with the company MAAF under number 155047856 D, particularly with regard to the rules governing the ten-year guarantee. The contract can be consulted on simple request from our services.
15- GUARANTEES
Guarantees of the BATSENSE company and its subcontractors, guarantee of perfect completion provided for in article 1792-6 of the civil code: The BATSENSE company is required for a period of one year, from receipt of the work, to all apparent disorders which gave rise to reservations in the reception report or by written notification (registered mail with acknowledgment of receipt) for disorders which appear after receipt. However, the warranty does not extend to work necessary to remedy the effects of normal wear and tear or use. Ten-year guarantee provided for in articles 1792 and 1792-2 of the civil code: The BATSENSE company is responsible, towards the project owner, for damage which compromises the solidity of the work or which affects one of its elements constituent parts or in one of its equipment elements, and which make it unfit for its intended purpose. The TF company is also responsible for damage which affects the equipment elements of a work when they are inseparably integral with one of the viability, foundation, framework, enclosure or roofing works when its dismantling or its replacement cannot be carried out without deterioration or removal of material from this work. This guarantee is due by the Company for a period of ten years from receipt of the work. Biennial guarantee provided for in article 1792-3 of the civil code. The separable elements of the building of which a disorder affects the proper functioning or the inseparable elements of equipment not falling under
the ten-year guarantee is subject to a guarantee of proper functioning for a period of two years from receipt of the work. For all damages which are not covered by the ten-year and two-year guarantee, the contractual liability provided for in article 1231-1 of the civil code may be incurred in the event of non-performance or delay in the execution of the contract, except in the event of force majeure. The company BATSENSE remains the owner of the work it has carried out until full payment of all sums owed to it by the Client in respect of the work. This provision does not prevent the taking of possession of the work and does not modify the obligations of the company BATSENSE as set out in articles 1788, 1792 et seq. of the Civil Code, in particular the ten-year and biennial guarantees. When the amount of the work, after deduction of the deposit paid on the order, is greater than 12,000 euros, the customer must guarantee payment to the company BATSENSE. As long as the deposit or guarantee certificate is not provided, the
BATSENSE company is not required to start the work. The BATSENSE company may freely use subcontractors or partners for part or all of the services covered herein. The company BATSENSE will remain responsible to the customer for the possible execution by subcontractors of all the obligations arising from this contract.
16 – FORCE MAJEURE
The liability of the company BATSENSE cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.
17 - AFTER-SALES SERVICE
The company's services are covered within the framework of legal guarantees, in particular conformity and hidden defects. The work is also contractually guaranteed 30 days after the end of its execution subject to 100% correct payment of the invoice and: Excluding unblocking work Excluding repair of leak with seal Excluding repair not requiring replacement of equipment And the interventions which were the subject of a reservation by the technician on the invoice. In the event of a repeat of the defect noted during the previous intervention and provided that there has been no external intervention or misuse of the device, the BATSENSE company will intervene again free of charge within 3 months. All signatures on our intervention invoices confirm the successful completion of the service provision. Therefore the guarantee on the installation of our technician will not be applicable. MANUAL UNBLOCKING: All manual unblocking is not guaranteed. All of our breakdown diagnostics on devices/objects are chargeable and are not subject to a prior estimate; If returning the device to service requires additional material resources (parts, labor), an additional repair estimate will be sent to the customer. In the event of refusal, the customer will have to pay for the breakdown diagnosis. List of diagnostics: Leak detection – Water heater failure – Boiler failure – Air conditioning failure – Electrical failure (panel, sockets, switches) – Lock failure – Sani crusher failure – Manual unblocking. Any anomalies with the intervention must be immediately reported to the BATSENSE company. In the event of a late complaint or no complaint, no after-sales service or refund will be possible.
18- COMPUTING AND FREEDOM
Personal information and data concerning the customer are necessary for the management of his order by the company. In this context, they may be transmitted to third-party companies responsible for fulfilling orders for the purposes of their management, execution, processing or after-sales service. The customer's telephone call to the company may also be recorded on computer media. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations as well as to allow the company to improve and personalize the services offered to its Customers. In accordance with the “Informatique et Libertés” law of January 6, 1978 amended on August 6, 2004, the customer has a right of access, rectification and opposition to personal data concerning him. He can exercise this right by writing to BATSENSE
9 Avenue Alexandre Maistrasse, 92500, Rueil Malmaison or by email contact@batsense.fr”. Unless opposed by the company, this data may be transmitted to the company's partners or used to inform it about other company products.
19- COMMERCIAL DESIGNATION - BRANDS
The BATSENSE company brings together several brands in France: None.
20 - WITHDRAWAL
The quote as well as these General Terms and Conditions supplemented by any special conditions constitute the contractual whole binding the parties. The Customer is committed to his order as soon as he signs a quote. Acceptance of the quote by the Customer is formalized by sending (or hand-delivered) to the BATSENSE company a copy of it, dated and signed. The society
BATSENSE will only be able to begin its services upon receipt of the signed quote and accompanied by payment of the deposit when this is requested in the quote. Any modifications to the order requested by the Customer will only be taken into account, within the limits of the possibilities of the company BATSENSE, if they are notified in writing, at least 7 days before the date planned for the provision of the services ordered, after signature by the Customer of a specific quote and possible adjustment of the price. The Customer has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from the company BATSENSE and cancel his order, without having to justify reasons or pay any fees. penalty, for exchange or refund. The right of withdrawal can be exercised using the attached withdrawal form, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the company BATSENSE, or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail. If the right of withdrawal is exercised within the aforementioned period, only the price of the ordered items will be refunded. The reimbursement of the amounts actually paid by the Customer will be made within 14 days of receipt by the company of notification of the Customer's withdrawal. In accordance with article L 221-28 of the Consumer Code, the right of withdrawal cannot be exercised: if the mission has already been carried out before the end of the withdrawal period. Prior to acceptance of the quote, the Client indicates by registered letter with acknowledgment of receipt to the TF company if he intends to request a bank loan in order to partially or fully pay the amount of the work, failing which, he loses the benefit legislative provisions concerning real estate credit and consumer credit.
This General Sales Conditions, published on 09/09/2022, was updated on 10/24/2022.
Single-member company with limited liability (EURL) - Capital of €2,000 - SIRET: 83823842600012 NAF-APE: 4321A - RCS/RM: 838 238 426 R.C.S Nanterre - Num. VAT: FR 87 838238426
