Terms and Conditions of Sale (T&C) for Eaudequate.fr

Preamble

These General Terms and Conditions of Sale (GTC) govern the contractual relationship between Eaudequate, operating under the trade name Eaudequate.fr, with its registered office at 472 TRAVERSE DE ROUMANILLE, 84400 APT, and its customers, in connection with the provision of plumbing and locksmith services. By signing the estimate, the customer unconditionally accepts these GTC.

Article 1. Description of Services

Eaudequate offers the following services, available 24/7:

• Plumbing:drain cleaning, leak detection, system upgrades, repairs.
• Locksmith services:door opening, lock replacement.

Article 2: Sponsorship

As part of our referral program, any customer can earn a reward for each referred customer under the following conditions:

1. Eligibility for sponsorship

• The referrer (existing customer) must be a customer who has used our services or products.
• The referred customer must be a new customer who has never used our services or products before.

2. Terms and Conditions of the Reward

• The referrer will receive a reward of up to €100 via instant bank transfer for each referred friend who completes an eligible purchase or service.
• The exact amount of the reward will be calculated by Eaudequate based on the service or purchase made by the referred person.

3. Requirements for completion

• The reward will be paid only after the service or purchase has been completed and paid for in full by the referred person.
• The person being referred must provide the referrer's name or code when placing their order.

4. No limitation

The referral program does not have a maximum limit on the number of referrals. A referrer can therefore receive a reward for each referred customer, with no limit on the number of referrals.

5. Program Duration and Changes

• This program is valid until further notice from Eaudequate.
• Eaudequate reserves the right to modify or discontinue the program at any time, without notice, while honoring referrals that have already been approved.

6. Liability

Eaudequate cannot be held liable for any delay or failure to make a payment resulting from an error in the bank information provided by the referrer.

Section 3. Pricing

Our services are offered as clearly defined packages tailored to each type of project. These packages allow our clients to know the exact total cost of the service before committing, in accordance with our Terms and Conditions.

1. Payment is due upon approval of the quote

Payment is due upon approval of the quote, in accordance with Section 4 of our Terms and Conditions of Sale. This practice ensures prompt and efficient service by enabling:

• The immediate mobilization of the necessary human and material resources.
• Quick scheduling of service calls to meet your needs as quickly as possible.

2. Clear and simple pricing

• Our packages include all the services needed to resolve your specific issue. For example, a “cylinder removal and replacement package” covers all the necessary steps, with no need for further details.
• Each package comes with a fixed price, ensuring complete transparency and preventing any surprises for the customer.

3. Compliance with the Insurance Code

In accordance with the Insurance Code, in the event of reimbursement by an insurance company, neither the customer nor the insurer may request additional details regarding our services, as the flat-rate fee provided is already explicit and covers all services included in the policy. This rule ensures transparency and efficiency in the processing of claims, while respecting the flat-rate nature of our services.

4. Why our rates may differ from market rates

Our rates may be higher than those of general service providers due to:

• Emergency Management: We specialize in rapid-response and complex operations, and are available 24/7.
• Expertise and specialized equipment: Every service call is performed by qualified technicians using state-of-the-art tools to ensure precise and reliable work.

5. Commitments to Our Customers

• Transparency of our plans: Our plans clearly outline the services covered, making them straightforward and easy to understand without the need for additional details.
• Speed and efficiency: Once the quote has been approved and paid, we immediately begin organizing and carrying out the work, ensuring that we meet the agreed-upon deadlines.

Article 4. Payment Terms

Payments can be made in cash or by credit card.

Payment is due upon acceptance of the quote, in accordance with Article 1342-4 of the Civil Code, which stipulates that payment must be made at the time agreed upon by the parties. This provision ensures a clear and binding contractual relationship for both parties.

This requirement makes it possible to immediately mobilize the necessary resources and efficiently organize the response, ensuring that it is carried out quickly and in accordance with the client’s needs. This includes:

• Scheduling of response teams.
• The provision of specialized equipment and materials.
• Logistical planning tailored to the urgency or complexity of the work.

In accordance with Article L216-1 of the French Consumer Code, Eaudequate undertakes to perform the service within the agreed time frame following confirmation of payment. However, in the event of force majeure or exceptional circumstances, the time frame may be adjusted in agreement with the customer, without cancellation of the order or refund.

By accepting the quote and making payment, the customer agrees to these terms, which immediately triggers the organization and scheduling of the work. No refund requests will be accepted once preparations and/or the execution of the work have begun.

Article 5. Response Time

• We are committed to arriving at the customer's location within one hour.
• In the event of a delay due to a priority emergency, the customer will be notified.

Article 6. Conditions for Withdrawal and Cancellation

The customer may cancel the service at no charge as long as the technician has not yet arrived on site.

If the technician has already arrived and the customer wishes to cancel, a service call fee of 66 euros (including tax) will be charged; this fee is higher on weekends, evenings, and holidays.

The customer is free to reject the quote or hire another company. Once the quote has been signed, if payment has not yet been made, the customer may withdraw and cancel the service at no cost. However, in accordance with Article L221-28 of the Consumer Code, the right of withdrawal no longer applies once the work has been fully completed or is in the process of being prepared following approval of the quote.

As specified in Section 4 of the payment terms in our Terms and Conditions, payment is due upon approval of the quote, prior to the start of work. This payment ensures the prompt and efficient delivery of the service by allowing for the immediate allocation of the necessary resources.

Therefore, once the quote has been signed and payment has been made, the service will be scheduled immediately. Consequently, no refunds will be issued in the event of cancellation by the customer.

Article 7. Warranties and Liability

All our installations come with a commercial warranty and lifetime support.

By accepting the quote, the customer agrees to our disclaimer (Section 13) in the Terms and Conditions regarding any incidental damage that may occur during the service.

Obligations of the Service Provider and Limitations of Liability

Obligation of means:

Eaudequate operates under an obligation of means, which means that it mobilizes all of its expertise, know-how, tools, and resources to perform the services specified in the quote signed by the client.

The best-efforts obligation means that Eaudequate commits to making every reasonable and necessary effort to achieve the intended objective, but this does not guarantee a specific outcome in all situations. This distinction is important because certain external or unforeseen factors may limit the scope of the initially planned actions.

Eaudequate is committed to providing high-quality services and to notifying the client as soon as technical constraints or unforeseen developments make it necessary to modify or adjust the resources to be deployed.

Commitment to service delivery:

Eaudequate is committed to honoring the terms of the signed contract, performing the services outlined in the quote, and utilizing all technical and human resources at its disposal to achieve this. Should any unforeseen obstacles arise, Eaudequate will promptly notify the client and propose appropriate solutions.

A concrete example:

Let’s take the example of a service call for a clogged toilet:

• If the customer signs up for a manual drain-cleaning service plan, Eaudequate will respond by deploying all necessary resources to perform the service.
• However, if, after the service call, it turns out that the problem is caused by a blockage in the main sewer lines that cannot be reached by manual means, another service call—such as high-pressure flushing or a camera inspection—will be necessary.
• In this case, Eaudequate will have fulfilled its best-efforts obligation by performing the scheduled manual unclogging, but a complete resolution will require additional service.

Liability in the case of supplemental benefits:

In all situations, Eaudequate guarantees complete transparency:

If additional service is needed to resolve the issue permanently, the customer will be offered two options:

1. Immediate addition of the supplementary service to the initial quote: If the customer gives their approval right away, the supplementary service can be added to the quote to enable a quick response and resolve the issue without interruption.
2. Preparation of a new quote: If the customer prefers, a separate quote will be provided for the additional service.

In both cases, the provision of additional services will be subject to the customer’s prior approval.

Customer acceptance:

By signing the estimate, the customer acknowledges and agrees that:

1. Eaudequate operates under an obligation of means and makes every effort necessary to achieve the objective set forth in the scope of services.
2. If technical constraints or unforeseen circumstances require additional work, the customer may:
   • Immediately approve the addition of the add-on package to the initial quote to ensure a quick resolution.
   • Choose to receive a new, detailed quote for the additional service before authorizing its completion.
3. Transparency and communication remain a priority at every stage of the service.

Article 8. Complaints and Disputes

• To file a complaint, customers may send an email to service@eaudequate.fr.
• In the event of a dispute, the courts of Avignon shall have jurisdiction.

Article 9: Personal Data

The personal data collected in connection with your use of our services is processed in accordance with our Privacy Policy. We are committed to protecting your privacy and ensuring the security of your personal information.

This data is used exclusively for the purposes described in our Privacy Policy, such as processing your orders, improving our services, and, where applicable, sending you information or promotional offers with your prior consent.

By using our services, you agree to the processing of your data in accordance with the terms set forth in our Privacy Policy. For further information or to exercise your rights (access, correction, deletion, objection, etc.), please review our Privacy Policy or contact us directly at service@eaudequate.fr.

Please note:Your data will never be shared with third parties without your consent, except as required by law.

Article 10 – Commencement and Completion of Work

1. Commitment to turnaround times

• Eaudequate is committed to performing the work specified in the quote signed by the customer as soon as possible and in accordance with the agreed terms.
• However, in the event of unforeseen complications or technical constraints discovered during the work, the company reserves the right to postpone completion of the work until the following day or a later date in order to ensure the quality and safety of the work.

2. Start of work, assessment or inspection, and continuation the following day

When the customer signs the estimate for work to begin that same day, they acknowledge that:

• The service may include an assessment, an inspection, or the start of work, which, depending on its complexity, may need to be completed the following day.
• The nature of the work may reveal unforeseen obstacles or additional technical requirements that warrant an extension.
• Work, assessments, or inspections that have already begun may be completed the following day if the complexity of the task warrants it.

3. Duty of transparency and disclosure (Article 1112-1 of the Civil Code)

• In accordance with Article 1112-1 of the Civil Code, the company shall inform the customer, either upon signing the estimate or during the course of the work, of the reasons why the work must be completed by the following day.
• The customer acknowledges having been informed of this possibility before or during the service and accepts the postponement of completion as a normal condition of performance.

4. Right of Withdrawal

• Once the work, assessment, or inspection has begun, the customer waives any right of withdrawal, in accordance with Article L221-28 of the Consumer Code.
• No refunds or cancellations will be permitted for services that have already been provided or that require extensive planning.

5. Acceptance and Acknowledgment of the Terms and Conditions

• As a company that responds to emergencies, it is common knowledge that the company’s terms and conditions of sale (T&C) are available on the Eaudequate.fr website.
• It is the customer’s responsibility to review these Terms and Conditions before signing the quote.
• The quote signed by the customer explicitly states that the signature constitutes unconditional acceptance of the Terms and Conditions.
• The technicians on site are there solely to perform the work and cannot be held responsible for explaining or reminding customers of the Terms and Conditions, as these are available and known at the time of engagement.

Section 11: Technician Safety and Recording of Conversations

To ensure the safety of our technicians and promote mutual respect during our service calls, please be advised that, as mentioned during your initial call with our company, all telephone conversations are recorded. In accordance with Article L.241-1 of the French Consumer Code, these recordings may be used as evidence in the event of a dispute.

In addition, our technicians are equipped with recording devices during their service calls. These devices allow us to document interactions to protect against any attempts at defamation and to provide evidence in the event of insults, verbal abuse, or physical assault, in accordance with Article 1316-1 of the Civil Code, which recognizes the probative value of audio recordings.

In the event of abusive or threatening behavior toward our technicians, we reserve the right to take legal action in accordance with Articles 222-16 and 222-17 of the Penal Code, which criminalize verbal abuse and threats.

Article 12: Services – Flat Rates

Our services are offered on a flat-rate basis. A flat rate refers to a contractual arrangement in which a fixed amount is agreed upon in advance for the provision of a service or a set of services, regardless of variable costs or the actual time spent performing those services. Thus, the flat-rate amount is determined and accepted by the client prior to the service, guaranteeing a fixed, all-inclusive price that does not fluctuate based on the complexity or duration of the service.

By choosing a service offered as a package, the customer agrees to pay the amount specified for the entire service, as defined in the quote or contract, with no additional charges for extra time or materials used, unless such items were not initially included in the package. Any additional services or services not included in the initial package will be subject to a supplementary quote, which must be approved by the customer in advance.

Article 13. Disclaimer

Eaudequate primarily provides emergency repair services (plumbing, locksmithing, etc.), where speed is of the essence. In this context, certain repairs may result in secondary damage (scratches, disassembly, localized damage), particularly when accessing or resolving the problem requires mechanical or intrusive work.

Eaudequate is committed to performing the services outlined in the estimate with professionalism and in accordance with industry standards. However, when the nature of the work requires it (e.g., opening a door with a jammed lock, a leak that is inaccessible, or an outdated installation), certain damages may be technically unavoidable. Such damage cannot be considered negligent if it results directly from the performance of the requested service.

The customer expressly agrees that the service provided corresponds solely to that specified and billed in the approved estimate (e.g., door-opening service). Any additional services, such as lock replacement or door frame repair, may only be performed after a specific estimate has been prepared and submitted for the customer’s prior approval.

Eaudequate agrees to perform only and exclusively the services described in the approved and invoiced estimate. No request or demand may pertain to work not included in the estimate. Whenever an additional need is identified (e.g., lock replacement, repair of a door frame), a new estimate will be provided to the customer. If this quote is not accepted, the customer will not be entitled to any free repairs or restoration, even if the item was damaged during the work, provided that the damage was necessary for the performance of the initial assignment.

Section 14. Fees for Emergency Services

As a company specializing in 24/7 emergency services, our rates include a surcharge to account for the speed, availability, and technical challenges involved in organizing the work as quickly as possible, while ensuring efficiency and expert craftsmanship. These rates, which are higher than standard rates, are clearly stated in the estimate provided prior to any service call.

The customer is free to decline the quote or hire another company. If the quote has been signed but payment has not yet been made, the customer may withdraw from the agreement. However, in accordance with Article L221-28 of the French Consumer Code, once the work has been fully completed or is in progress, the right of withdrawal no longer applies. In accordance with Article 4 of the payment terms in our General Terms and Conditions, payment is due upon approval of the quote, before work begins, to ensure prompt and efficient completion. Once the quote is signed and paid, we immediately begin organizing and mobilizing the resources necessary to carry out the work. Therefore, no refunds will be accepted in the event of cancellation.

Service requests are processed the same day and handled based on priority and urgency. We can respond within a minimum of 30 minutes or within a few hours, depending on circumstances.

Any additional charges (such as travel expenses, surcharges, etc.) will be clearly itemized prior to the service, in accordance with Article L111-1 of the Consumer Code.

We also guarantee the conformity of our services and products in accordance with Articles L217-4 through L217-12 of the Consumer Code, thereby safeguarding consumers’ rights regarding conformity and hidden defects.

Once the quote is signed, it is immediately converted into an invoice and sent to the customer as proof of payment. If the customer would like a copy of their signed quote, they can request it at the following email address: service@eaudequate.fr.

For any complaints, customers may contact our customer service department at service@eaudequate.fr. We are committed to responding within 48 hours and to finding amicable solutions to resolve any disputes that may arise.

Article 15. Installation and Operation

1. Verification of installation and proper operation

Once the work is complete, a voice recording will be made between the client and a representative of Eaudequate to confirm the following points:

• The installation was completed in accordance with the approved estimate.
• The installed equipment is fully operational and meets the customer's expectations.
• All necessary instructions for the use and maintenance of the equipment have been provided.

By agreeing to these terms at the time of registration, the customer acknowledges that the installation is in compliance with specifications and fully functional at the time of delivery.

If the customer refuses to participate in the voice recording or to sign a document acknowledging completion of the work:

• This refusal will be noted in the record or documented in writing, along with the reasons provided by the customer.
• The customer has 8 calendar days from the date of installation to report any apparent problems or defects in writing (by certified mail or email with a return receipt).
• If no written complaint is received within this period, the installation will be deemed compliant and fully functional, and no subsequent complaints will be accepted, except under the statutory warranties provided by law.

Quality Commitment:Eaudequate guarantees high-quality service and is committed to promptly addressing any legitimate complaints within the specified timeframes, in accordance with its values of professionalism and customer satisfaction.

2. Scope and Limitations of the Intervention

Eaudequate provides services exclusively as specified in the quote signed by the client.

Related work required:

If related work is required to complete the installation (for example, opening a door to replace a lock), the customer acknowledges that such work may result in minor marks or visible damage to the affected items (doors, door frames, walls, etc.). Such damage:

• Eaudequate shall not be held liable for any such matters, unless the company expressly accepts liability.
• The following shall not be considered defects in the main installation.

3. Legal Warranties

The services and products provided by Eaudequate are subject to the following statutory warranties:

• Legal warranty of conformity (Articles L217-4 through L217-14 of the Consumer Code):This warranty covers any lack of conformity discovered within two years of installation, provided that it can be proven that the problem existed at the time of installation.
• Warranty against hidden defects (Articles 1641–1649 of the Civil Code):This warranty covers defects that are not visible at the time of installation but that render the product unusable or significantly impair its use. The customer has two years from the date of discovery of the defect to take action.

Important Note:Given the voice recording made upon completion of the work, which certifies that the installation complies with specifications and is functioning properly, or the absence of any complaint within 8 days of installation, it is established that neither the legal warranty of conformity nor the warranty against hidden defects may be invoked to hold Eaudequate liable, unless the company explicitly admits liability.

4. Corrective Actions and Limitations on Remedies

• If the customer reports a defect within 8 days and the company performs corrective work free of charge, the customer acknowledges that the installation is in compliance and waives any further claims related to the same defect or the same installation.
• Any service call requested by the customer to dispute the installation, without valid justification or proof of a defect, will be billed at the current rates.

5. Retention and Use of Voice Recordings

The voice recording made at the conclusion of the work will be retained by Eaudequate as contractual evidence in the event of a dispute. This recording will be used solely in the context of the business relationship between the client and the company and will be disclosed only in the event of a dispute or legal proceedings.

6. Force Majeure

Eaudequate shall not be held liable for defects or damage caused by events of force majeure, including, but not limited to:

• Extreme weather conditions (floods, storms, etc.);
• Acts of vandalism or break-ins;
• Any unauthorized external intervention.

7. Acceptance of the Terms and Conditions

By signing the estimate or accepting the service, the customer acknowledges that they have read and accepted these General Terms and Conditions of Sale, including the “Installation and Operation” clause.

Article 16: Customer Obligations & Company Obligations

The customer agrees to ensure full, secure, and unimpeded access to the work sites to enable the services to be performed. In addition, the customer agrees to contribute to the safety and smooth progress of the work. In accordance with Article 11: Technician Safety and Recording of Conversations, the customer acknowledges that:

• Any form of inappropriate behavior, including words or actions that may undermine the technicians’ respect and peace of mind, is incompatible with constructive collaboration.
• If necessary, Eaudequate reserves the right to take appropriate measures in accordance with applicable laws, including Articles 222-16 and 222-17 of the Penal Code, which pertain to threatening or abusive behavior.

The client acknowledges and agrees that the work, and therefore the services covered by the flat-rate package (clearly defined in Article 12: Flat-Rate Services), are linked to the signed estimate and entrusted exclusively to Eaudequate. In accordance with Article 4 of the payment terms, payment for the service is due upon approval of the quote before work begins, for the sake of efficiency and organization given the nature of our business, which specializes in emergency services.

The start of the work is defined as the initial visit, that is, from the moment the technician arrives at the location specified by the customer. Upon arrival, the technician may perform tasks such as diagnosis, assessment, inspection, and/or preparation of an estimate, which constitute the actual start of the service.

Company Commitments

Eaudequate undertakes to comply with the contractual obligations set forth in the signed quote and the General Terms and Conditions of Sale, and to provide services that meet applicable standards and requirements. Accordingly:

Performance of services:

• The work will be carried out with care, diligence, and professionalism, in accordance with the agreed-upon deadlines, subject to technical constraints or any unforeseen circumstances.
• The company is committed to deploying qualified technicians and using the appropriate tools and materials to ensure the quality and durability of its work.

Communication with the client:

• In the event of unforeseen circumstances or the discovery of technical constraints requiring adjustments (extended deadlines, alternative technical solutions), the company will immediately notify the client and propose appropriate solutions.
• Any significant changes to the work or deadlines will be submitted to the client for approval before any further action is taken.

Warranties and Compliance:

• The company guarantees that the services provided will comply with the signed estimate and will meet the customer’s reasonable expectations, in accordance with applicable standards.
• In the event of a defect or issue related to the work performed, the company agrees to respond promptly to make the necessary corrections, in accordance with legal and contractual warranties.

Compliance with mutual commitments:

• The company recognizes the importance of collaboration and is committed to respecting the rights of its customers, including respect for the environment.
• In the event of a disagreement or dispute, Eaudequate will prioritize amicable resolutions to maintain a relationship of trust.

Consequently

Exclusivity of the services entrusted:

The client agrees not to engage another company or to perform the work entrusted to Eaudequate on their own without prior consultation.

In the event of third-party involvement:

• If, during the assessment or evaluation, the issue appears to be more complex and the work must continue the following day to ensure a proper and high-quality resolution, the customer agrees to comply with the agreed-upon terms.
• The customer may not cancel the service on the grounds that a third party has stepped in to resolve the issue. By doing so, the customer is in breach of the contractual obligations assumed when accepting the quote and engaging us to resolve the issue.
• In this case, the customer may not under any circumstances request a refund for the agreed-upon service, for the following reasons:
  • The company has already begun the work, whether through assessments, inspections, or other steps that have led to plans for a resumption of work to complete the project.
  • This conduct constitutes a clear and established breach of the customer’s contractual obligations, as defined in the quote and the General Terms and Conditions of Sale.
• In accordance with Article 6: Conditions for Withdrawal and Cancellation of the Terms and Conditions, the customer acknowledges that any cancellation of the service, for any reason whatsoever, results in the loss of any right to a refund, in accordance with Article L221-28 of the French Consumer Code, once the work has been fully completed or is in the process of being prepared following approval of the quote.

Dispute Resolution Mechanism

In the event of a dispute regarding the quality, compliance, or timeliness of the services, the parties agree to seek an amicable resolution. If no agreement is reached, the customer may seek the assistance of a mediator in accordance with the provisions of Articles L612-1 et seq. of the Consumer Code.

Accessibility of the Terms and Conditions of Sale

As a company with a public website accessible to all, Eaudequate makes its General Terms and Conditions of Sale available at the bottom of every page on its website. These Terms and Conditions are available at all times and are deemed to be public knowledge. Customers can therefore review them at any time, before or after signing the quote, with complete transparency.

Acceptance of the Terms and Conditions

By signing the quote, the customer agrees to fully accept the General Terms and Conditions of Sale, including Section 16: Customer Obligations & Company Obligations.

Article 17. Acceptance of the Terms and Conditions

Signing the quote constitutes full and unconditional acceptance of these Terms and Conditions of Sale.