Terms and Conditions

Valid as of January 1, 2023

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Article 1. PURPOSE – SCOPE OF APPLICATION

The seller is defined below as HOME SMART HOME, and the buyer is defined below as the company or person signing and accepting these terms and conditions of sale. The general terms and conditions of sale apply exclusively to all sales or services provided by HOME SMART HOME, both on its own behalf and on behalf of its principals. Any other terms and conditions are only binding on the seller after written confirmation from the seller. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these general terms and conditions. Offers are valid for a period of 5 days from the date of the offer, unless otherwise stated in the offer. These general terms and conditions may be modified at any time and without notice by HOME SMART HOME, with the modifications then applying to all subsequent orders.

Article 2. ORDERS

Orders are only final after written confirmation from the buyer. Orders placed directly by the buyer or transmitted by the seller’s representatives are only binding on the seller once they have been accepted in writing. In the event of immediate shipment of the products or immediate performance of the services, the seller’s order confirmation may be replaced by an invoice. Any changes to orders and any additional or special conditions regarding the object and terms of sale are only valid if they are included in the offer or confirmation made by the seller. Any clause from the buyer that is not accepted in writing by the seller and that conflicts with these general terms and conditions or specific details defined in the price offer will be considered null and void. No unilateral cancellation of an order will be accepted without the agreement of HOME SMART HOME.

Article 3. PRICE

The seller’s price list does not constitute a sale. It may be modified unilaterally without prior notice. Goods and services are invoiced at the agreed price within the option period and general economic conditions (taxes, exchange rates, etc.) at the time of delivery. In the case of products indexed to a currency: any variation of plus or minus 2% in the currency exchange rate against the euro defined on the day of the offer will be reflected on the day of invoicing. For goods sold without installation services, all prices are net in US dollars, excluding taxes, packaging, transport, and freight insurance costs, ex-seller’s warehouse. For offers including installation services, the price of goods for which installation is specified in the offer is net in US dollars, excluding taxes, and includes delivery to the installation site in the continental United States. Deliveries of goods and construction materials outside the continental United States are subject to a separate proposal. The buyer is then free to choose their own carrier: in this case, responsibility for the goods or raw materials transported lies with the buyer.

Article 4. STORAGE

The equipment ordered by the buyer will be stored by the seller from the date of receipt of the order confirmed by the buyer. The cost of storage is included in the initial price quote and covers a maximum period of 6 months from the date of receipt of the equipment. Beyond this period, a flat-rate storage fee will be charged to the buyer. This fee will be invoiced monthly and must be paid by the buyer upon receipt of the invoice. In the event of non-payment of storage fees, the seller reserves the right to retain the stored equipment. In the event of non-payment of storage fees for a period of 3 months, the seller reserves the right to dispose of the stored equipment in any manner it deems appropriate, after notifying the buyer of this intention.

Article 5. DELIVERY

Delivery of the installation by HOME SMART HOME will be confirmed by a Work Acceptance Report (WAR). This WAR will be jointly validated by the seller and the buyer or a person authorized by the latter. The after-sales service and warranty period will begin at the end of this PVRT. In any case, delivery can only take place if the buyer is up to date with their obligations to the seller, regardless of the cause.

Article 6. COMPLAINTS AND AFTER-SALES SERVICE

During the PVRT, the buyer must verify that the deliverables comply with the contract. The buyer must allow the seller to carry out all on-site verification operations relating to claims of non-compliance. Any return of goods requires the prior agreement of the seller.
For defective parts, refer to Article 6. Warranty.

Under a maintenance contract entered into by the purchaser with HOME SMART HOME, the terms of this maintenance contract supplement or modify the terms of this article.

Article 7. WARRANTY

The products are guaranteed by the manufacturer against any material or manufacturing defects for a period of 12 months from the date of delivery, except in the case of specific conditions expressly stated. Warranty repairs shall not extend the warranty period. The seller’s warranty is limited to the repair or replacement of goods recognized as defective by the seller, taking into account the use to which they have been put, at the seller’s discretion. The seller undertakes only to replace defective parts and repair damage to goods supplied to the buyer by the seller. The warranty does not cover labor costs or costs resulting from disassembly, reassembly, packaging, and transportation, except in the case of a standard exchange. Defective devices must be dismantled and reassembled by the seller, except in special cases where the seller issues a written agreement authorizing the buyer to remove and ship the defective equipment. The seller may charge €35 (excluding tax) per device requiring a return shipment to cover packaging costs.
Subject to legal provisions, the seller’s liability is strictly limited to the obligations defined in these terms and conditions. The seller cannot be held liable under the warranty for breakdowns or damage resulting directly or indirectly from the following cases:

  • Any prolonged storage with or without protection.
  • Any negligence, connection or handling error, maintenance, or use of equipment that does not comply with the seller’s or manufacturer’s technical specifications, or, more generally, faulty or improper use.
  • Any addition of complementary devices or accessories to the equipment, or use of any parts necessary for the operation of the equipment that do not comply with the technical specifications of the seller or manufacturer.
  • Any mechanical, electronic, electrical, or other modification or alteration made to the equipment or its connection devices by any third party. In the event of bankruptcy or inability to supply on the part of the manufacturer, the buyer may not seek recourse against the seller.

Under a maintenance contract entered into by the purchaser with HOME SMART HOME, the terms of this maintenance contract supplement or modify the terms of this article.

Article 8. RETENTION OF TITLE

Pursuant to the law of May 12, 1980, ownership of the goods delivered to the buyer shall only be transferred after full payment of the principal and ancillary costs or upon receipt of accepted bills of exchange or other instruments issued for the purpose of settling the price. During the period between delivery and transfer of ownership, the risks of loss, theft, or destruction shall be borne by the buyer. Failure by the buyer to fulfill its payment obligations, for any reason whatsoever, shall entitle the seller to demand the immediate return of the goods delivered at the buyer’s expense and risk. In the event of receivership proceedings affecting its business, the buyer undertakes to actively participate in drawing up an inventory of the goods in its stocks and claimed by the seller as its property. Failing this, the seller has the right to have the inventory recorded by a bailiff at the buyer’s expense. The seller may prohibit the buyer from reselling, transforming, or incorporating the goods in the event of late payment.
To guarantee payments not yet made, and in particular the balance of the buyer’s account in the seller’s records, it is expressly stipulated that the rights relating to goods delivered but not paid for shall be transferred to identical goods from the seller in stock at the buyer’s premises, without the need to allocate payments to a specific sale or delivery.

Article 9. TERMINATION CLAUSE

In the event of non-compliance with any of the buyer’s obligations, the sale shall be terminated automatically and the goods shall be returned to the seller at the seller’s discretion, without prejudice to any damages that the seller may claim from the buyer, within 48 hours after the formal notice has remained without effect. In this case, the seller is entitled to claim from the buyer a lump sum compensation of 10% of the sale amount.

Article 10. PAYMENT

Payment for HOME SMART HOME services must be made in accordance with the following terms and conditions:

  • payment of 30% of the total estimate upon acceptance
  • 40% payment upon ordering the equipment (3 or 6 months before the agreed installation date)
  • 20% payment upon installation of equipment
  • 10% payment (the balance) upon lifting of the reservations issued during the PVRT.

No deviation from this payment schedule may be made without written acceptance by both parties of the new payment terms.
Payments must be made in such a way that the seller has access to the funds on the due date. The seller reserves the right to request a bank check from the buyer in the event that the sums involved are significant. In the event that the seller accepts payment by draft, the buyer must return it to the seller, accepted and domiciled, within eight days. The costs are borne by the buyer. If the accepted draft is not returned within the aforementioned period, payment shall become immediately due and payable. In the event of payment in installments, expressly accepted by the seller, failure to pay a single installment when due shall render the entire price immediately payable, regardless of the conditions previously agreed upon, even if the installments have given rise to the establishment of acceptable drafts; The same shall apply in the event of sale, transfer, pledging or contribution to a company of the buyer’s business. The seller may withhold delivery of the goods concerned until the guarantee is provided. Any payment after the set payment date may give rise to the invoicing of penalties without prior notice to the buyer being necessary.The amount of these penalties shall be at least equivalent to the application of a rate equal to 1.5 times the legal interest rate in force on the date of application of the penalties, without this clause excluding additional damages. In addition, compensation set at €40 by Decree No. 2012-1115 of October 2, 2012, will be charged in the event of payment after the due date. The buyer may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him, nor make any compensation. When the buyer is late in paying all or part of a payment due, the seller may, on this basis alone and without the need for prior formal notice, immediately suspend deliveries, without the buyer being able to claim damages from the seller. In the event of legal action, the seller is entitled to claim reimbursement from the buyer for all costs related to the proceedings.

Article 11. JURISDICTION CLAUSE

The Contract is governed by French law and language. In the event of a dispute relating to the Contract, the competent jurisdiction shall be that of the place where the defendant resides. Any disputes relating to the formation, performance, and termination of contractual obligations between the parties that cannot be settled amicably shall be submitted to the jurisdiction of the Commercial Court of Antibes, within whose jurisdiction the seller’s registered office is located, regardless of the terms of sale and the method of payment accepted, even in the event of a warranty claim or multiple defendants, The seller reserves the right to bring the matter before the court with territorial jurisdiction over the buyer’s registered office. This contract is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.