ARTICLE 1. PARTIES
These General Terms and Conditions apply between SERENITY SAS, with share capital of 2,000 Euro, registered at the Companies Registry of Antibes with number 534594833, with registered office at 718 Boulevard Pierre Sauvaigo - Le Carré La Colle, 06480 La Colle-sur-Loup, France, Community VAT number FR 91 534594833, hereinafter "SERENITY", and ANY PERSON, whether natural or legal, contracting with SERENITY for the provision of Services, hereinafter the "Client"..
ARTICLE 2. DEFINITIONS
"Quotation": a contractual document entered into between SERENITY and the Client containing the special terms and conditions, technical conditions and tariffs relating to the Client's order.
"Service": a service provided by SERENITY for the Client consisting of administrative assistance with the creation of LMNP Status and oversight of the management of the Client's LMNP Status created thereby.
"LMNP Status": the tax status of "non-professional lessors of real property" as defined in Article 155 IV of the General Tax Code.
ARTICLE 3. ORDERING A SERVICE
3.1 Purpose
The purpose of this agreement is to set forth the terms and conditions that will apply to an order for a Service made by the Client and its performance by SERENITY.
3.2 Order
3.2.1 Issuing a Quotation
The Client may make an order for a Service by sending a request directly to SERENITY at the address set forth in Article 1 of these General Terms and Conditions. SERENITY will then send a Quotation to the Client by e-mail, telefax or regular mail.
3.2.2 Validation of a Quotation by the Client
The Client may return the Quotation to SERENITY signed together with the wording "Good to denote agreement" by e-mail, telefax or regular mail. Return of the Quotation in an unaltered state by e-mail with the wording "good to denote agreement" in the body of the e-mail will also constitute acceptance of the Quotation by the Client. In the event of transmission by e-mail, production of a copy of the e-mail correspondence by SERENITY will constitute proof of the existence of the contract, subject to evidence to the contrary produced by the Client.
3.2.3 Conclusion of the Agreement
Issuance of a Quotation that is accepted by the Client is firm and irrevocable. The Client will be immediately bound by its order and may not cancel it. A contract is formed at the time SERENITY receives the payment on account.
3.3 Compliance with these General Terms and Conditions
By sending the Quotation, the Client acknowledges that it has had prior knowledge of these General Terms and Conditions and accepts them without limitation. These terms and conditions will automatically extend to other Services that SERENITY is or will be caused to provide to the Client.
These General Terms and Conditions apply to all contracts entered into between SERENITY and the Client, to the exclusion of all other terms and conditions, in particular those of the Client. The agreements contained in the Quotation and these General Terms and Conditions constitute the entire agreement between the parties. SERENITY reserves the right to amend these General Terms and Conditions at any time. In such a case, the new General Terms and Conditions will be enforceable against the Client from the time of acceptance of a new Quotation and/or their execution by the Client. In any event, any amendments to these General Terms and Conditions will be deemed to have been accepted by the Client, and will be enforceable against it, if after being informed of said amendments, the Client does not expressly object to the new General Terms and Conditions in writing within one week after the date on which it becomes aware of this amendment.
ARTICLE 4. OBLIGATIONS OF SERENITY
SERENITY undertakes to perform the Services described in the Quotation within the limitations and on the terms and conditions defined below. The Services provided by SERENITY may in particular consist of:
- assistance to the client in the development of its LMNP business;
- the creation of a file for the recovery of VAT in the context of the purchase of a mobile home;
- assistance with the purchase and/or sale of mobile homes;
- completing the specific formalities relating to LMNP status; procedures before the tax administration and Commercial Court involved.
In all cases, SERENITY's undertaking is limited to the Services described in the Quotation. Any Service not specified in the Quotation must be the subject of a new Quotation.
ARTICLE 5. DECLARATIONS AND OBLIGATIONS OF THE CLIENT
5.1 Information
The Client declares that it has received all explanations and details from SERENITY required to assist it to use the Service that is the subject of this agreement.
The Client acknowledges that its requirements match the Services proposed by SERENITY and that it has executed this agreement in an informed manner, with all information required to permit it to provide its free and enlightened consent being available to it.
The Client undertakes to provide SERENITY with all the elements (in particular material elements, the addresses of responsible parties and login names, etc.) required to prepare the Quotation and perform the Service. The Client further undertakes to inform SERENITY of any facts that may affect the performance of this agreement as soon as it becomes aware of them.
5.2 Authorizations and Declarations
The Client is solely responsible for the authorisations and declarations relating to the use of its Service.
The Client declares that it has the rights and authorisations required for this purpose. Where applicable, the Client declares that it has concluded all necessary procedures, including applications for authorisation and administrative declarations.
The absence of said declarations and authorisations will not in any event call into question the validity of this agreement. In particular, the Client will remain obliged to pay SERENITY for the Services it has ordered.
The Client indemnifies SERENITY against any claims that may be made against it in the event of the absence of said declarations and authorisations.
5.3 Provision of information
The Client undertakes to provide SERENITY with all information and documents required to perform the Service within 24 hours. The Client must provide SERENITY with information and/or documents that are legible and comprehensible. If it does not do so, SERENITY will not be in a position to perform the Services before certain bodies.
5.4 Response Time
The Client undertakes to respond to all requests made by SERENITY relating to the performance of the Service as promptly as possible. The Client acknowledges that its involvement and collaboration are required for the proper performance of the agreement. Any delay or lack of diligence on the part of the Client may result in a delay in delivery by SERENITY of one week longer than the period of the delay or lack of diligence on the part of the Client, without said delay constituting a default by SERENITY or harm to the Client.
ARTICLE 6. PRICE - PAYMENT
6.1 Price
The applicable prices are those set forth in the Quotation. No discount, rebate or refund will be offered to the Client.
The prices are fixed and final, and will be deemed to be in Euro and to include taxes.
6.2 Method of payment
The price is payable in Euro by cheque or bank transfer on receipt of the corresponding invoice.
6.3 Invoicing
SERENITY will send or make available to the Client an invoice by e-mail following each payment. The Client expressly agrees to receive invoices by e-mail.
6.4 Non-payment
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount that has not been paid at its due payment date will give rise to the application, automatically and without prior notice, of late payment penalties calculated at a rate equal to three times the legal interest rate. Said penalty will not affect the obligation to pay the principal amounts due.
In addition, all delays in payment will result in the defaulting Client's being invoiced for recovery fees in the amount of €40, the immediate obligation to pay all amounts remaining due and payable, whatever the agreed payment terms may be, plus an indemnity of 20% of said amount as a penalty, and the right to terminate the contract unilaterally due to the Client's fault.
ARTICLE 7. CLAIMS - CANCELLATION - WARRANTY
7.1 Customer Service
SERENITY's Customer Service Department may be accessed from Monday to Thursday between 8:30 a.m. and 5:30 p.m. and Friday between 8:30 a.m. and 5:00 p.m. at the following non-premium rate telephone number: 04.93.20.37.82, by e-mail to contact@mobil-home-serenity.com or by regular mail to the address shown in Article 1 of these General Terms and Conditions. In the latter two cases, SERENITY undertakes to respond within 48 working hours.
Right of cancellation - Remote sales
Conditions for exercising the right of cancellationIn compliance with the laws in force in the field of remote sales, the Client has a period of fourteen clear days within which to exercise its right of cancellation without being required to provide reasons or to pay a penalty, with the exception, where applicable, of the costs of return.
The period set forth in the preceding sentence runs from the day on which the remote agreement is concluded for contracts relating to the provision of a service and/or the supply of numerical content that is not provided on hardware support.
Where the fourteen-day period expires on a Saturday, a Sunday, a holiday or a non-working day, it will be extended until the next following working day.
The decision to cancel must be communicated to SERENITY at the address set forth in Article 1 of these General Terms and Conditions in the form of an unambiguous declaration. For example, the Client may use the model form provided at the foot of these General Terms and Conditions. In any event, SERENITY will send the Client a notice of receipt of said cancellation by e-mail as promptly as possible.
Where the right of cancellation is exercised, the professional is obliged to reimburse the Client all amounts paid as promptly as possible no later than fourteen days following the date on which said right was exercised. Beyond said period, the amount due will be automatically subject to interest at the legal rate in force, as set forth in Article L. 121-21-4 of the Consumer Code.
Where applicable, the professional makes reimbursement by the same payment method used by the Client for the initial transaction, unless the Client has expressly agreed to the use of a different payment method, provided that the reimbursement does not result in the Client's incurring any costs.
The conditions, time periods and methods of exercise of the right of cancellation are set forth in the model form provided at the foot of these General Terms and Conditions.
The right of cancellation will in particular not apply to contracts for the supply of services that have been completely performed prior to the end of the cancellation period and where performance commenced following the express prior agreement of the Client and an express waiver of its right of cancellation.
Equally, the right of cancellation will not apply to contracts that have been fully performed by the two parties at the express request of the Client prior to the Client's exercising its right to cancellation.
At the time of validation of an order for a Service, the Client's waiver of its right of cancellation will be manifested by checking the box corresponding to the following sentence: "I expressly waive my fourteen-day right of cancellation with regard to services the benefits of which I have enjoyed prior to the expiry of this term". In this case, the Client will receive confirmation of its waiver of its right of cancellation by e-mail.
A Client that exercises its right of cancellation of contract for the provision of services performance of which commenced prior to the end of the cancellation period at its express request will pay the professional an amount corresponding to the service provided after the date of notice of its decision to cancel. Said amount will be in proportion to the total price of the service agreed in the contract.
7.2 Sponsorship System
Mobil Home Serenity customers, through the sponsorship system set up by SAS SERENITY, can sponsor any acquaintances, friends or others with the aim of benefiting from a discount on their annual management fees.
To do this, each Mobil Home Serenity customer has a unique sponsor code that he/she can communicate either by email or verbally.
The sponsorship of a person can only be validated when the latter has inserted the unique code of his sponsor on the Mobil Home Serenity registration form.
The sponsorship discounts are established as follows:
For 1 confirmed referral, 25% discount on the management fees.
For 2 confirmed referrals, 50% discount on the management fees.
For 3 confirmed referrals, 75% discount on the management fees.
For 4 confirmed referrals, the management fee is free.
This rule applies to Mobil Home Serenity customers with only one mobile home. For Mobil Home Serenity customers with several mobile homes, two additional referrals per property are required to receive the 100% discount (for example: owner of 2 mobile homes = 6 confirmed referrals, owner of 3 mobile homes = 8 confirmed referrals, etc.).
Otherwise, the discount will be calculated in proportion to the number of referrals in relation to the number of referrals requested by SAS SERENITY (for example: owner of 2 mobile homes with 4 confirmed referrals = (4 / 6) *100 = 66.66% discount on the management fees).
The sponsorship is renewable every year.
ARTICLE 8. RESPONSIBILITIES OF SERENITY
8.1 Nature of SERENITY's obligations
SERENITY undertakes to use the level of care and diligence required to provide high-quality Services in accordance with the specifications set forth in these General Terms and Conditions. SERENITY will only be bound by an obligation of due care with regard to the Services that are the subject of this agreement.
The Client has entered into this agreement after deciding to become subject to LMNP Status. SERENITY does not provide any legal or tax advice to the Client, in particular with regard to the appropriateness of subjecting itself to LMNP Status. SERENITY solely undertakes to be responsible for the administrative procedures requested by the Client, acting on its instructions. As a result, SERENITY may not be held liable for any tax-related loss, in particular in the event that LMNP Status proves not to be the most appropriate tax status for the Client.
8.2 Force Majeure - Client Breach
SERENITY will not be liable in the event of force majeure or a Client breach as set forth in this Article :
8.2.1 Force majeure
Pursuant to these General Terms and Conditions, an event of force majeure deemed to be enforceable against the Client will include any hindrance, limitation, or disturbance to the Service due to fire, epidemic, explosion, earthquake or fluctuations in bandwidth, to any lack of access attributable to the supplier, failure in transmission networks, breakdown of installations or unlawful of fraudulent use of passwords, codes or references provided to the Client, or to pirating, flood, electrical breakdown, war, embargo or law, to a prohibition, claim or demand of any government, or to a requisition, strike, boycott, or any other circumstances beyond SERENITY's reasonable control. In said cases, SERENITY will be relieved of its obligation to perform its duties within the limits of said hindrance, limitation or disturbance.
8.2.2 Breach by the Client
Pursuant to these General Terms and Conditions, a breach by the Client enforceable against it will be deemed to be any wrongful use of the services, breach, negligence, omission or default on its part or on the part of its representatives (in particular the failure to declare a client file to the CNIL [The National Commission for Data Protection and Liberties]) or a failure to comply with the advice provided by SERENITY.
8.3 Damages chargeable to SERENITY
In the absence of contrary legal or regulatory provisions, SERENITY's liability is limited to a direct, personal and certain harm suffered by the Client that is associated with the relevant breach. SERENITY will not in any event be held liable for indirect damage, including without limitation loss of data, commercial damage, loss of orders, damage to the image of the mark, commercial problems and the loss of benefits or clients. Equally, and with the same limitations, the total of the damages chargeable to SERENITY may not in any event exceed the price of the Service ordered.
ARTICLE 9. CONFIDENTIALITY
The Parties agree that they will treat all information that they may become aware of in the context of this agreement relating to their respective businesses as confidential. In particular, all information relating to final clients, methods, and documentation provided to SERENITY, all documents (financial, technical, functional, organizational, etc.) and data provided to it, all interviews in which it participates and all documents issued will be deemed to be confidential information.
Information that was already known to the Parties prior to the commencement of their contractual relationship, provided that written evidence thereof can be provided, and information appearing in a written document independently of any disclosure by the Parties will not be deemed to be confidential information.
The Parties undertake to put the appropriate methods in place for maintaining absolute secrecy with regard to confidential information of the other Party to which they may have access pursuant to this agreement. The Parties undertake to cause this obligation to be complied with by all their corporate agents, personnel, sub-contractors and contracting third parties.
This confidentiality obligation will be effective from the date of its signature by the parties, and will be valid for a term of 10 years.
ARTICLE 10. CIRCULATION OF AGREEMENT
10.1 Assignment of Agreement
The Client may not transfer its rights and obligations relating to this agreement to a third party except with the prior written agreement of SERENITY.
10.2 Lease-Management
In the event that the Client hands over its assets for lease-management, it undertakes to impose compliance with the obligations relating to this agreement on its manager. The Client will, however, remain personally liable for, and jointly and severally bound to ensure, the proper performance of all the obligations arising out of the agreement, whatever the terms of the lease-management contract may be.
10.3 Transfer of Property
DIn the event that the Client's business assets or its right to occupy the point of sale is the subject of a voluntary or forced transfer, the Client undertakes to provide notice of this event to SERENITY at least fifteen days before it occurs, and unless SERENITY expressly waives its right, to impose performance of the agreement on its successor.
ARTICLE 11. GENERAL PROVISIONS
11.1 Applicable Law - Disputes
These General Terms and Conditions are subject to the application of French law.
Prior to any legal action being taken, all disputes that may arise out of the performance of these General Terms and Conditions will be subject to assessment by SERENITY with a view to an amicable settlement.
IN THE EVENT OF A DISPUTE WITH A TRADE CUSTOMER, THE COURTS OF THE CORPORATE REGISTERED OFFICE OF SERENITY WILL HAVE SOLE JURISDICTION.
11.2 Challenges
No challenges raised by the Client relating to this agreement and its consequences may be taken into account prior to the expiry of one year commencing with the occurrence of the challenged event.
11.3 Non-waiver
The fact that SERENITY may not invoke any one or more clauses of these General Terms and Conditions, either temporarily or permanently, will in no event be deemed to be a waiver of their application.
11.4 Divisibility
If any one of the clauses of these General Terms and Conditions is declared null and void by a decision of a Court, said nullity will not bring about the nullity of all the other clauses, which will continue to be effective.
11.5 Notices
All notices sent by SERENITY to the Client by e-mail will be deemed to have been validly delivered to the Client on production of a copy of the e-mail notice by SERENITY, subject to evidence to the contrary provided by the Client.
METHOD FOR CANCELLING AN ORDER
IN THE EVENT OF REMOTE SALES TO A CLIENT
In the case of a remote sale as defined in Article L. 121-16 of the Consumer Code, the Client has the right to withdraw from said sale within 14 days, including holidays, from the date of the order or the undertaking to purchase by recorded mail with receipt of delivery. If said period would expire on a Saturday, a Sunday, or a holiday or non-working day, it will be extended until the next following working day.
Any clause of this agreement that would result in the Client's abandoning its right to withdraw from its order or its undertaking to purchase will be null and void. This Article will not apply to contracts concluded on the terms and conditions set forth in Article L. 121-16.
If you cancel your order,
you may use the detachable form below
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CANCELLATION OF ORDER
Article L. 121-16 of the Consumer Code
Conditions :
∗ complete and sign this form
∗ send it by recorded mail with receipt of delivery
∗ use the address in Article 1
∗ * send it no later than the 14th day from the date of your order or, if this period would expire on a Saturday, a Sunday or a holiday or non-working day, by the next following working day.
I, the undersigned, hereby declare that I cancel the following order:
∗ Type of Service ordered :………………....................................................................................
.......................................................................................................................................................
∗ Date of order :.............................................................................................................................
∗ Date of receipt of order : ............................................................................................................
∗ Name of client : ..........................................................................................................................
∗ Address of client : .......................................................................................................................
......................................................................................................................................................
Signature of client :