Article 1 - Object
The present general conditions of sale systematically apply to all services offered by the Expert (the "Service Provider") to non-professional clients or consumers (the "Client").
The Customer declares that he has read and accepted these General Terms and Conditions of Sale ("GTCS").
The sale is concluded under the conditions defined in Article 2.3. on the date of acceptance of the order.
The Service Provider, in his capacity as qualified Expert, is obliged to provide all necessary professional advice.
Furthermore, advice given is founded on written information and documents that the Client has communicated or wishes to communicate to the Expert.
The Client is informed that the Service Provider adheres to a code of professional conduct.

Article 2- Quotes

2.1. Preparation of quotes
Before carrying out any service, the Service Provider will submit a quote to the Client. The original copy of this quote is to be kept by the Client. The document will set out the essential characteristics of the proposed service(s).
All quotes are subject to a fee.
Each quote is likely to contain special conditions concerning methods used and information provided by the Customer (bare ground, inactive building site, empty interiors etc...).
The estimate will mention and include provisions for all requirements needed by government bodies or other public authorities.
It is the Customer’s responsibility to verify the accuracy of content and to immediately report any errors and to request any further requirements.
Standard rates of the ten services commonly carried out by the Service Provider, are displayed at the Service Provider’s office reception.

2.2. Period of validity and price review
The quote is valid for 1 month.
The quote is accepted by the Client and constitutes an order as soon as the Client has signed it.
However, the sale will be complete only after confirmation has been returned to the Customer and the deposit has been paid.

2.3 Orders
The order is considered firm and definitive upon receipt of the signed estimate by the Service Provider and after the deposit has been paid.
No modification subsequent to the order may be taken into consideration, except with the written agreement of both parties. The Service Provider will not carry out any operations other than those initially planned without having first established an additional estimate and having received written acceptance from the Client. Only written quotes are binding.

2.4. Payments in advance
A deposit may be required to validate the order. The parties expressly agree that sums paid constitute a down payment and not a returnable deposit. The down payment may represent the entire invoice.

2.5. Cancellation of the order
In the event of cancellation of the order by the Client after acceptance by the Service Provider, for any reason other than unforeseen circumstances, the down payment will be automatically acquired by the Service Provider and will not give rise to any refund.

Article 3 – Methods and completion of the contract

3.1 Methods
All services are carried out in accordance with the Expert’s rules of conduct.
Services are carried out according to the conditions of location and deadlines laid down in the quote.
The time limits will begin to run from the date on which the necessary documents are submitted by the Customer (title deeds, plans etc..).
If difficulties are encountered, an amendment will be proposed to the Client and a supplement will be agreed with the Client. A supplementary quote will be issued and signed.
In the event of special requests from the Client concerning conditions of assistance, duly accepted in writing by the Service Provider, the related costs will be the subject of an additional invoice.

3.2. Complaints
In absence of opposition or complaints expressly made by the Customer during the supply of Services, services will be considered conform to order, in quantity and quality.
The Client has a period of 30 days after delivery to submit such observations or complaints, in writing, with all related supporting documents, to the Service Provider.
No complaint will be accepted in the event of non-respect of these formalities and deadlines.
The Service Provider will refund the Customer or rectify (as far as possible) as soon as possible, and at his expense, any Services where lack of conformity has been proved by the Customer.

3.3. Cancellation
With exception of unforeseen circumstances, In the event of failure by the Service Provider to fulfil obligations on the date specified in the quote, at the expiry of the legal period of 30 days or if the Service Provider has not respected a reasonable extension period, the Client may cancel the contract by registered letter with recorded delivery or any other written support with recorded delivery.
Unless the services have been delivered beforehand, the contract will be cancelled upon receipt, by the Service Provider, of notice informing him of such termination.
Except in cases where failure to provide is due to unforeseen circumstances, should the Service Provider refuse to provide assistance or fail to deliver on the scheduled date and if this date or this period is, for the Client, an essential condition of contract. , the Client may immediately terminate the contract.

3.4. Refund
If the contract is cancelled, the Service Provider is obliged to refund the Client for all sums paid, other than any advance payment, within 14 days following the date on which the contract was terminated.
The following supplements will be applied in the event of late reimbursement :
 10% if the refund occurs within 30 days beyond term ;
 20% up to 60 days ;
 50% beyond that.

Article 4 - Cancellation of the order.
In the event of Client’s cancellation of the order before completion, for any reason whatsoever except unforeseen circumstances or termination, a sum of 10%* of the remaining services due will be acquired by the Service Provider, by way of damages, as compensation for the loss suffered.

Article 5 - Fees and Payment

5.1. Fees
Costs indicated in the quote and accepted by the Client are firm and definitive. Except under special circumstances, the price of services carried out are those proposed in the quote on the day of order.
They are inclusive of all taxes.
The payment requested from the Client corresponds to the full amount of the service.

5.2. Payment of fees
Unless expressly provided for by special conditions, payment of fees will be made on delivery of plans and documents related to the service, less any advance payments already made. In case of payment by bank cheque, it must be issued by a bank based in mainland France or Monaco. The cheque is cashed upon receipt. Payments made by the Client will not be considered final until all sums due to the Service Provider have been collected.
By way of exception, for services lasting more than one month, the Service Provider reserves the right to provide the Client with a document justifying progress made and an invoice for corresponding fees. The intermediate invoice is payable immediately and a final invoice will be issued to the Customer upon completion of the service.
 

5.3. Late payment
All payments must be made on their due date before continuation or completion of additional services. At the end of a period of three months following the date of payment and until completion of the service, the deposit paid by the Client with order will earn interest at the statutory rates. The interest earned will be deducted from the balance to be paid by the Client at the time of completion.

Article 6 – Acceptable default
It is recalled that in accordance with the Civil Code, each Party may refuse to carry out their obligations, even those outstanding, if the opposite Party does not perform their obligations and if such failure to supply is sufficiently serious to jeopardise the continuation of the contract or fundamentally upset its economic balance. The defaulting party will be notified of this refusal by registered letter with recorded delivery or any other written form with recorded delivery. Suspension of assistance will take effect immediately on receipt and continue until the defaulting Party has repaired the breach of contract. In accordance with the provisions of the Civil Code, the possibility of failure to provide may also be used as a preventive measure if one of the Parties does not fulfil their obligations on time and that the consequences of such failure causes sufficiently serious consequences to the victim. This right of suspension will be applied at the risk and peril of the Party taking the initiative. The suspension will take effect immediately upon receipt by the assumed faulty Party of notification by registered letter with recorded delivery or any other written form with recorded delivery. The suspension is valid until the faulty party has accomplished the commitment for which a future breach is manifest. If the shortcoming is definitive or lasts beyond 30 days, the present will be cancelled as outlined in article 4 (cancellation).

Article 7 - Liability
Services comply with the code of conduct and regulations in force in France. The Service Provider will not be held liable in the event of non-execution or improper execution of services if proven that this has been caused the client or other third-party, or in case of unforeseeable circumstances. The Provider has taken out professional civil liability insurance with ALLIANZ, policy no. 49357683/382, for the territory of metropolitan France.

Article 8 – Legal Ownership
Until full payment of fees, all plans and documents drawn up remain the exclusive property of the Service Provider who will prohibit their use, duplication and distribution for any reason whatsoever. After transfer of ownership by payment of fees, the Service Provider undertakes not to communicate any documents to third parties, without the client’s prior consent. 

Article 9 – Use of data

The Client’s personal data is used by the Service Provider for the purpose of carrying out services and issuing invoices, or in order to relay information concerning the Service Provider. Client’s personal data is essential to enable the Service Provider to honour his agreement with the Client.

9.1 Communication to third parties and transfer outside the European Union
The Service Provider will not transmit any personal data to third parties. No personal data will be transmitted outside the European Union.

9.2 Client Rights
The Customer has the right to access, modify, limit or oppose use of his personal data. To exercise these rights, the Customer may send his request by e-mail to the following address (at the bottom of these GCS). The Client also has the right to lodge a complaint concerning use of personal data with the CNIL. Any person, whose personal data is collected, has the possibility to outline general or specific guidelines relating to storage, erasure and communication of his personal data after his death. Specific demands may be registered with the operator and modified or deleted at any time. General guidelines can be registered with an authorised third party certified by the CNIL.

9.3 Security and protection of personal data
The Service Provider will employ appropriate technical measures to guarantee security and confidentiality of personal data. Personal data will be retained for a period not exceeding time necessary to achieve the results for which they were collected or used and will not exceed in any event a period of 3 years following the Client’s ultimate instructions for services.

9.4 Data Protection Officer
The Service Provider has appointed the Chairman of HEBERT Expertises as Data Protection Officer. The Customer may exercise his rights provided for in this article 9, by contacting eric.gauriot@hebertexpertises.fr.

Article 10 - Modification of the GCS
Like any document, these general conditions are subject to change. The version applicable to the contract is the version in force on the date of signature of the present agreement.

Article 11 - Disputes
In the event of a dispute, the Client has the right, free of charge (excluding any lawyer or other fees) to normal mediation with the Consumer Mediation Commission, with any other mediating body, or to any alternative method (e.g. conciliation). The consumer mediator that the Customer may refer to is : Consumer Ombudsmen www.mediation-service.fr Postal address : Consommation - ViaMédiation - 16 Cours Xavier Arnozan - 33000 Bordeaux The terms and conditions under which the Client may refer the matter to this mediator can be found on the website at the above address.

Article 12 - Jurisdiction/ Applicable law
All disputes arising from the validity, interpretation, accomplishment, termination, consequences and consequences thereof, dependent of these General Terms and Conditions of Sale, which could not have been resolved amicably between the Service Provider and the Client, will be submitted to the competent courts under common law conditions. When appointing the competent court, the Service Provider will elect domicile at the registered office of the company, HEBERT Expertises SAS.

Article 13 –Language
The original general conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be considered authentic in the event of a dispute.