Service & The City Terms and Conditions of Service |
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Preamble Once subscribed according to the conditions outlined below, the customer can make requests by phone, fax, email, text message, or courier, for services which will be provided by S&TC or one of its intermediary service contractors and partners. Service & The City will act as an intermediary between its clients and the competent service contractors, partners, or else directly when possible.
Article 1: Conditions of Sale The terms and conditions of service as presented on this site www.serviceandthecity.fr are similarly provided to each of our subscribed clients. As a consequence, all orders / requests made by subscribed clients will therefore adhere strictly to these terms and conditions with no restriction or reservation. These terms and conditions preside over all documents and correspondence issued by or to S&TC. Any conflict that arises between S&TC and the client after a service agreement has been agreed upon will strictly be referred back to these terms and conditions, as well as the unique terms and conditions of the service being performed. Settlement of any conflict / disagreement will strictly be at the discretion of S&TC, regardless of the period in which this conflict or difficulty arose. If S&TC is unable to perform a service in the expected manner or at the expected time, this will not be considered as a breach of contract in respect to these terms and conditions. Furthermore such an event does not confer any special rights upon the client, who must still maintain all of their contractual obligations as outlined both in the service agreement as well as these terms and conditions. By accepting to do business with S&TC, the client acknowledges that they have read, understood, and accepted their rights and obligations as set out in these terms and conditions.
In both cases before subscription the potential client must satisfactorily confirm their identity and contact information by phone or on the internet. Once this information has been received, the potential client shall be contacted by one of our service staff within the following 24 hours. a) Monthly subscription This monthly subscription gives access to the services offered by S&TC Monday through Friday, 9am to 8pm. The client will pay a sum of 50E TTC for each single month subscription, payable by cheque or automatic withdrawal as indicated above. b) Six month subscription This 6 month subscription gives access to the services offered by S&TC Monday through Friday, 9am to 8pm. The client will pay a sum of 40E TTC monthly, payable by cheque or automatic withdrawal as indicated above. c) Yearly Subscription This yearly subscription gives access to the services offered by S&TC Monday through Friday, 9am to 8pm. The client will pay a sum of 30E TTC monthly, payable by cheque or automatic withdrawal as indicated above. Services will be provided to non subscribed clients according to the following details: d) Individual Stationary Service This single service is available Monday through Friday, 9am to 8pm, and does not include the use of a vehicle. The client will pay a sum of 10E TTC in advance per service, payable by cheque or automatic withdrawal as indicated above. e) Individual Mobile Service This single service is available Monday through Friday, 9am to 8pm, and includes the use of a vehicle. The client will pay a sum of 10E TTC in advance per service. A rate of 0.51E TTC/km + 5% of the order cost (minimum 5E) will be billed to the client after completion of the service. All fees will be payable by cheque or automatic withdrawal as indicated above. For all service requests that require the use of a vehicle, S&TC will charge the client 0.51E TTC / km:
Family Pass: In the event that S&TC discovers (or is otherwise made aware) that subscription services are used by an unauthorized party, S&TC reserves the right to bill the amount of subscription supplement that would otherwise remain to the third party.
Domestic / International Students Package These services fall under the normal operation of S&TC, being available Monday to Friday, 9am to 8pm; as always the client must pay for these services in advance according to the procedures outlined above. No work will be done until both S&TC and the client have agreed on the needed tasks, and both parties have signed. Any requests for service that fall outside the scope of this agreement will be charged according to the rates defined elsewhere. Refusal of Personnel Cancellation of Subscription
Article 3: Ordering
a) General conditions pertaining to service requests Before any service order or subscription, the client must provide to S&TC their private or professional address, their email address, their phone number, and fax number if applicable. This will ensure that S&TC is able contact the client quickly and effectively. b) S&TC order confirmation All service orders will be confirmed by S&TC through email to the clients indicated email address. This confirmation will contain:
c) Client service order acceptance and confirmation In the event that a service order exceeds 1000E, the client must confirm with S&TC in writing 48 hours before the expected delivery of this service. In all other cases the original agreement (double signature confirmation) of service will be seen as sufficient. d) Service Completion In all cases where necessary, S&TC will provide relevant information for the completion of the service including:
e) Inability of service contractors or partners to provide service All service orders are booked with the expectation that the service providers and partners will be available and, as applicable, have sufficient products in stock. In the event that S&TC’s service contractors and partners are unable to provide the agreed upon service or product, the client will be contacted as soon as possible in order to suggest a solution to the problem. Likely this will take the form of a rescheduling or delivery at a later date. Examples of what might occur:
Corrective actions shall not be taken without the permission and agreement of the client. These corrective actions will be proposed to the client who must then submit their acceptance in writing to S&TC either through fax, text message, or email. In the event that S&TC is unable to find a solution which is acceptable to the client within 5 days of the expected delivery, S&TC will simply cancel the order and the client shall not be charged. The client accepts that no charges or penalties will be expected of S&TC due to the failure to provide the agreed upon service. In the event that the client had already paid for a service, and the replacement service is different than that originally envisioned, S&TC will reimburse all money paid to the client. f) Third party subscription use All services provided by S&TC are unique to the subscribed client and are nontransferable. Third party use of these services is only possible in the event that S&TC provides express written permission. The only exception to this rule is with the Family Pass, which is described above. g) Service modification and cancellation All modifications and cancellations of service by the subscriber must be requested at least 7 days in advance of the expected delivery of said service. This will allow S&TC sufficient time to review the request and determine whether modification or cancellation of the service is possible at that time. Any proposed modification or cancellation to a previously agreed upon service is completely at the discretion of S&TC, and only after the agreement of the service contractor or partner. In the event that S&TC refuses the proposed modification / cancellation: - The cost of the service will still remain due by the client
Article 4: Payment conditions The products and services offered will be billed precisely according to the rates provided to the client, in Euros, taxes included, as soon as the service is confirmed by S&TC. b) Payment and order details The client will pay by cheque, bank card, or automatic bank withdrawal. Payment will be made upon reception of the bill on either the day of order or the day that the service is provided as indicated by S&TC, and with respect to the rules and conditions outlined here. Payment can be made by other means if indicated in writing by S&TC to the client. c) Late payments All outstanding payments will be subject to monthly interest of 1.5% in addition to the prime lending rate. In the event of a late payment, all currently expected or in progress services may be held indefinitely or cancelled at the sole discretion of S&TC. d) Default payments Defaulted payments will give S&TC the right to cancel all currently expected or in progress services, without risk of penalty or injunction to S&TC in any form.
Article 5: Service Delivery a) Conditions of delivery The delivery conditions for a product or service will be fixed upon receipt of written confirmation which will be sent to the client by S&TC. Delivery of ordered products by S&TC in no way implies that these items have been sold by or are the responsibility of S&TC. Upon delivery of said items S&TC’s involvement is at an end. All further inquiries regarding the quality or accuracy of the order is between the client and the actual vendor of that product. b) Delivery times The time and date for a product or service will be fixed upon receipt of written confirmation which will be sent to the client by S&TC. Taking all reasonable steps to ensure that the delivery of services and products arrive on time, S&TC shall not be held accountable for any damages or difficulties that arise as a result of late delivery. Late or problematic deliveries will under no circumstance give no right to the client to seek remuneration or provide an allowance with which to count against this service or others.
Article 6: The Right to Order Retraction In accordance with article L.121-20 of the Consumers Code, the client will have 7 full days from the date of service / product receipt to enact their right of retraction. This intent to cancel or return must be made with the appropriate company / supplier, not with S&TC. If the right to cancel a service / return the product is valid, the client shall receive back all fees that they have paid within the next 30 days, as described in article L.121-20. In the event that this 7 day period ends on a Saturday, Sunday, or holiday, the final day of this period shall be shifted to the next normal working day. The right to retraction may be exercised without justification on the part of the client and without penalty, except for the costs of return shipping where necessary. The client may receive a refund either in cash, through an exchange of services, or another means as suggested by the service contractor / partner. In all cases absolutely no exchanges or refunds of products / services shall be permitted beyond this 7 day period. This 7 day period includes the shipping/return of products, which will therefore not be accepted beyond this 7 day limit. The costs of sending / returning products and services rest solely with the client, and only that product / service which was purchased shall be addressed. Only those products which are in a re-sellable condition (non damaged, in original packaging, etc) and received within the 7 day period will be accepted. Products that are returned damaged, dirty, or incomplete will not be subject to exchange or refund. Returns are to be made to the address of the supplier only, whose contact information is:
The right to order retraction does not apply to intangible services such as tourism, food, or customized products made to the clients specifications, which due to their nature cannot be returned, replaced, or else are otherwise susceptible to deterioration.
Article 7: Reserve Property and Risk Transfer All suppliers and partners for S&TC will remain the owners of their respective products and property until such time as they are compensated in full. All risks related to ordered products and services which are subject to shipping and travel shall be borne exclusively by the client. There is no exception to this rule; neither S&TC, its service contractors, or its partners shall be held accountable in any way for the loss of or damage to products which occurs during the transportation period. It is the responsibility of the client to make all necessary arrangements. A simple facilitator in the area of product transportation and delivery, the client accepts that S&TC shall remain exonerated of any blame or liability.
Article 8: Responsibility The client accepts that S&TC, in the sense of being a service contractor as well as a service intermediary, is not expected to perform beyond this scope. S&TC will therefore not be held accountable for anything that would normally fall under the responsibility of the service / product provider, such as warranties and product replacement. The client therefore accepts that they must deal directly with the service / product supplier for all inquiries or warranty claims, and not through S&TC. S&TC remains free of any liability relative to the execution of, or responsibility for, the services and products ordered. In all cases, S&TC will not be held responsible for the inability to perform its duties and services in the face of force majeur as defined by the Civil Code, as well as in case of strike, flood, fire, loss of communication services, etc.
Article 9: Confidentiality of Personal Information In accordance with the law governing personal information and liberty dated January 6th 1978, the client has the right to access, correct, or opposes any personal information that is being used by S&TC. For this the client must make a request through S&TC, on line or by mail, indicating their full name and address before any information can be disseminated or changed. Article 10: Applicable Contract Law Article 11: Litigation
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