For the sake of readability, DAURIS will be referred to as the service provider.
I ) GENERAL INFORMATION
1.1 ACTIVITIES
The service provider exercises, mainly, an activity of advice and sale of services and products.
This activity includes, in particular: advice and personal treatments, seminars, Feng Shui, the sale of crystals and other products.
1.2 ESTIMATE
The service provider has previously proposed, free of charge, at the client’s request, an estimate established according to the indications and needs of the client.
The quotations issued by the Provider are valid for a period of 30 days.
This period begins on the day the quotation is drawn up by the service provider.
Once this period has expired, a new quote, possibly with different pricing conditions, must be drawn up by the service provider.
1.3 ACCEPTANCE
The client accepts the quote in a firm, irrevocable, free and informed manner.
The client has previously ensured that all the services or products desired have been mentioned in the quote.
If this is not the case, the service provider shall be entitled to invoice the additional work in accordance with its usual rates.
1.4 IN ACCORDANCE WITH THE WARNING ON THE FRONT
The client acknowledges that he has read the general terms and conditions of sale and accepts them without reservation.
The client expressly declares, moreover, that the order is in accordance with his needs and he states that he is not under any measure of protection of adults within the meaning of articles 489 and following of the Civil Code.
II ) COMPLETION TIMES
The execution deadlines are indicated to the client on request.
The delivery times are nevertheless, in any case, given as an indication.
It is agreed between the parties that any delay shall not entail costs, compensation or penalties to be borne by the service provider.
III ) ORDER
3.1 FIRM AND DEFINITIVE CHARACTER
The signature of the quote or order form by the client gives it a firm and definitive character.
The order is deemed to be validated when the quotation or order form is signed by the client if he is a natural person.
If the client is a legal entity, the quotation will be accepted when it is stamped with the name, first name, capacity and signature of the person committing himself.
3.2 NEW CLIENT
All new clients agree to the obligation to pay a deposit of 30% of the amount of the quotation excluding VAT.
The deposit must be paid on signing the quotation or order form.
Failing this, no service will be provided.
3.3 CANCELLATION
As previously stated, the service provider will not accept any cancellation period.
Any cancellation after the quotation or order form has been signed will give rise to the payment of compensation by the client under the following terms and conditions.
3.4 COMPENSATION FOR CANCELLATION
Any cancellation by the client will give rise to the payment of an incompressible fixed indemnity.
The amount of this contractual cancellation indemnity shall be 50% of the total amount of the quote or order form.
Any deposits previously paid shall be retained in due proportion and, if necessary, supplemented at the first request of the service provider.
IV ) PRICE
4.1 DEFINITION
The agreed price is understood to be for the entirety of the services defined in the estimate, contract or order form.
The price is deemed to be net, firm and guaranteed subject to the reservations set out in point (1.2).
Any additional services, in particular in the form of added value, which can only be carried out at the request of the client, shall be invoiced separately.
4.2 POSTAGE
The amount of postage shall be determined when the quotation is drawn up.
The amount of postage is payable on the day the quotation or order form is signed.
4.3 DELIVERY
All deliveries shall be made at the customer’s expense.
Deliveries made by the service provider will be invoiced separately on the basis of €1 per km excluding VAT, for example for Feng Shui.
V ) OPPOSITION
Any opposition to a cheque given in payment outside the cases provided for by the law is considered as the issue of a bad cheque.
The client will have to bear all the costs due to a wrongful stop payment and in any case, at the first request of the service provider, to immediately lift the stop payment so that the cheque can be represented and paid.
The customer undertakes to inform his banker of this situation.
The latter may then be jointly and severally liable.
VI ) RETENTION OF TITLE
The delivery of the products is equivalent to the transfer of ownership to the client.
However, as long as the products have not been paid in full to the service provider, the seller shall benefit from a retention of title until full payment of the sums due without notice or special authorisation.
In this case, the client must take custody of the products in good faith.
Until effective payment, the customer bears the risks related to the destruction, loss or any damage that may affect the products acquired.
VII ) DATA PROCESSING AND FREEDOM
DAURIS treats the personal data of the users collected in the respect of the applicable regulation and under the conditions exposed in the policy of treatment of the personal data appearing on my website.
VIII ) PAYMENT TERMS
8.1
Unless otherwise agreed, the service provider does not grant any payment terms. Invoices are payable on the day indicated in the invoice.
In accordance with article L 441-6 of the French Commercial Code, any failure to pay on the due date will result in the application of a special and autonomous fixed penalty of €40, excluding any higher collection costs charged to the client.
8.2
Any delay making recourse to recovery necessary shall give rise to the application, by express agreement between the parties, by way of penalty clause, of compensation equal to 20% of the total sums due in addition to recovery costs and an interest rate increased by 5 points.
IX ) JURISDICTION CLAUSE
In the event of a dispute of any kind or contestation, the courts of the Colmar Court of Appeal shall have sole jurisdiction.
This clause is applicable in the event of summary proceedings, incidental requests, multiple defendants and in the event of commercial disputes.
The law applicable to all disputes or disagreements relating to the formation or execution of the present contract is French law as in force on the day of signature.