Home Services Delivery Terms and Conditions

The terms used below in these General Terms and Conditions, in the singular or plural, shall have the following meanings:

Item: Carpet submitted by the User. Items are deemed to be the property of the User.

Codes: the User’s personal identifiers on the Site.

Order: any order for Services placed by the User online via the Website.

Account: the User’s personal space through which they manage and pay for their Orders.

Data: information published by the User on their Account, related to their profile, Orders, and Items.

POS: points of sale where the Service is provided.

Preliminary Reservations: reservations indicated on the online Order form that the User must accept in order to place an Order.

Additional Reservations: any reservations (e.g., stains, wear and tear, discoloration, etc.) made by the Operating Company after examining the Item at the cleaning location, which the User must accept in order for the Company to proceed with cleaning.

Service: Cleaning of an Item with collection and delivery to your home.

Customer Service: support service whose contact details are listed on the Contact tab of the Website.

Website: www.5àsec.fr on which the Service is available.

User: customer who orders the Service via the Website, in accordance with these terms and conditions.

Article 2. PURPOSE

The purpose of these Terms and Conditions is to define the terms and conditions under which the User orders and benefits from the Service. The User may (i) open an Account to manage their Orders, (ii) place and track Orders online, (iii) benefit from the features offered by the Website.

These Terms and Conditions shall come into force from the moment the User opens their Account until the Account is deleted.

If the User does not use their Account for a period of at least one (1) year, the Company reserves the right to close the Account without notice or compensation. The User will then be unable to use the Service by opening a new Account on the Site.

It is the User’s responsibility to ensure that they have a device and an internet connection that meet the technical requirements, enabling them to access the Site and use the Service. The Account is opened by providing the information requested on the Website, which only allows one Account per User. The User defines the settings for their Account and fills in their personal profile (identity, full address, valid email address, mobile phone number, bank details, notification settings, etc.).

The User undertakes to provide accurate contact details and information, and undertakes to update their Account without delay in the event of any changes. The Company may ask the User to confirm the information provided by any appropriate means. The User will receive an email or text message confirming the creation of the Account, including a Code. The first use of the Code by the User will result in the final validation of the Account. Upon first login and after each logout, the User must enter their Codes. These are strictly personal and confidential. The User is solely responsible for their confidentiality and must not disclose them to third parties under any circumstances. Any connection to the Application or the Site using the User’s Codes, as well as any Order placed as a result, is deemed to have been made by the User, with the Company’s logs and records serving as proof. The Operating Company accepts no responsibility for any use of the Service by a third party using the Codes assigned to the User. Any loss or theft of these codes must be reported immediately by the User.

5.1 Pre-contractual information

The Website offers the Service, its features, and price ranges based on the size of the Item, which the User acknowledges. The User may place an Order from their Account. The provision of Services is subject to 5àsec’s general terms and conditions of cleaning, which apply automatically and by right, which the User expressly acknowledges and accepts.

5.2 Placing Orders

The User selects the Service, indicates the Item(s) they wish to have cleaned, provides approximate measurements, accepts any mandatory reservations, obtains an indicative price, chooses a home collection slot, and is required to pay a deposit of €25 online by credit card.  They receive confirmation of their chosen time slot and then, within 24 hours, an email with a deposit receipt.

They may also contact Customer Service for any additional requests.

The User is responsible for ensuring that the Items they have collected strictly comply with those described in their Order. They expressly agree, prior to any collection request, that the carpet collected will be measured and analyzed out of their sight in order for the Company to set the final price.

When the Item is collected from their home, the User must sign the collection slip.

The collection of Items at the place of performance of the Service entails: (i) analysis and measurement of the Item, (ii) issuance of any Prior Reservations (e.g., stains, wear and tear, discoloration, etc.) or refusal to perform the Service (e.g., in the event of a significant risk of damage), which will be subject to the User’s express acceptance by email prior to cleaning, (iii) setting of the final Price, which is then binding on the User, who irrevocably accepts in advance this mechanism for the final setting of the Price by the Company.

By accepting the Preliminary Reservations and/or Additional Reservations, the User acknowledges that they have been warned of the risks of damage to the Item and expressly agrees to bear the risk of cleaning the Item without the Company being held liable in this regard.

If the Customer refuses the Additional Reservations, the Order will be canceled, and the initial deposit of 25 Euros will be refunded by the Company.

Payment of the final Price shall be made by the User, by credit card only, to the delivery person upon delivery of the Item to their home.

5.3 Order tracking and fulfillment

When the Order is ready, the User will receive a phone call from Customer Service to choose a home delivery slot and will be informed of the final Price. The User will then receive a confirmation email.

The collection and delivery of Items will be carried out within the time slots chosen by the User.

If the User is absent during the selected collection time slot, the User must choose a new collection time slot on the Website and pay another 25 €.

If the User is absent during the selected delivery time slot, Customer Services will contact the Customer to choose a new delivery time slot, which will be subject to an additional fee of 10 € via a payment link sent by Customer Services.

In all cases, the initial deposit of 25 € will be retained by the Company as compensation.

The Items travel at the risk of the Operating Company from the time of collection until delivery to the User.

The cost of transport is included in the Final Price.

For any complaints, Customer Service must be contacted within a maximum of forty-eight (48) working hours after delivery to the User’s home. If no complaint is made within the specified time limit, the delivery shall be deemed to have been accepted without reservation by the User.

5.4 Order Cancellation

The User has a right of withdrawal at no cost in accordance with Article L.121.21 of the French Consumer Code, within 14 days of placing their Order, either by using the link in the collection slot confirmation email or by calling Customer Service.

However, the User acknowledges that they are no longer able to exercise this right of withdrawal once the delivery person has collected the Item from their home, as this collection constitutes the commencement of the Service. After this date, Order cancellation is no longer possible and the User therefore expressly agrees to limit the duration of their right of withdrawal.

The Company may cancel the Order in the event of its refusal to perform the Service in accordance with Article 5.2 (for example, in the event of a significant risk of damage), in which case the Item will be returned to the User in its current condition and the deposit will be refunded to the User. No recourse against the Company is possible in the event of refusal to perform the Service.

5.5 Storage of Items

The User is informed that if the Company stores the Items for more than thirty (30) calendar days from the first telephone call from Customer Service to arrange a return slot, storage will be subject to a charge and invoiced at the current rate. If the Items are not claimed after one (1) year, the Company may freely dispose of them by public sale or donation to a charitable organization, without compensation to the User, which the User acknowledges.

The opening of an Account grants the User a personal, non-exclusive, non-transferable, and non-assignable right to use the Service, in strict compliance with these Terms and Conditions, for the duration of their Account. Consequently, any other use of the Service by the User that is not authorized under these Terms and Conditions is prohibited.

The Service is accessible via the Site, subject to technical contingencies and maintenance periods for the Site and its hosting infrastructure. The Company strives to ensure 24-hour access to the Service, but Users are advised of the technical contingencies inherent in the Internet and the access interruptions that may result. Consequently, the Operating Company cannot guarantee the permanent availability of the Site or permanent access to the Service, nor can it be held liable for any consequences whatsoever in the event of the Site being unavailable or slow. The Site is subject to technical and functional maintenance by the Company. The User must report any anomalies or malfunctions. The Company will diagnose the anomaly and implement a correction as part of its technical and functional roadmap as soon as possible.

The Company is the owner or user of the exploitation rights (in particular its graphic, software, and text components) of the Site and the Service, including its brand and logo, with the exception of Articles, which remain the property of Users.

The right to use the Service granted to the User hereunder shall not result in the transfer of any intellectual property rights on the Site. Consequently, any reproduction and/or use of any of the elements without the Company’s prior authorization is strictly prohibited.

9.1 Purposes

To enable the User to use the Service, personal data (hereinafter referred to as “Personal Data”) concerning the User is collected by the Operating Company in accordance with the Contract and is subject to processing.

This processing is essential for the purposes of (i) managing relations with the User, (ii) deploying the Service (configuration, management, validation, tracking, and securing of orders) (iii) managing collection, fraud, and disputes (iv) conducting studies and predictive analyses, satisfaction surveys, and polls by the Company for the purposes of optimizing the Service (v) complying with applicable regulations.

For all of these purposes, the Company acts as Data Controller.

9.2 Recipients

For the purposes mentioned above, Personal Data is communicated to the Company’s service providers and subcontractors involved in the strict performance of the Contract.

Given the international dimension of the group to which the Company belongs, the Personal Data processed by the Company may be transferred within and outside the European Economic Area, it being specified that the Company carries out these transfers in its capacity as data controller in compliance with the requirements of data protection laws. These transfers take place (i) within the EU (ii) or to countries whose legislation has been recognized by the European Commission as providing an adequate level of protection (iii) or, failing that, under appropriate contractual guarantees, as provided for by data protection laws.

Apart from the cases referred to above, Personal Data processed by the Company will only be disclosed to third parties with the consent of the persons concerned, or in order to enable the Company to fulfill its legal obligations and/or in the context of an audit by the authorities to which the Company and/or its service providers are subject, or in order to ensure the exercise or defense of a right.

9.3 Retention period

The User’s Personal Data will be retained for the duration of the Service to which it relates. These periods are extended by the legal limitation periods in the event of a dispute or litigation.

9.4 Company Obligations

The Company guarantees that during the contractual period it will treat the data entrusted to it by the User with the utmost confidentiality. The Company also undertakes to implement the technical and operational security measures necessary to ensure the security and confidentiality of the data. In the event of a data breach or security breach, the Company shall inform the User as soon as possible and take immediate action to restore a sufficient level of security as soon as possible.

9.5 Exercising rights of access, rectification, and opposition

In accordance with applicable regulations, the User has the right to access, modify, and object to the Personal Data concerning him/her, which can be exercised by mail or email specifying the subject of his/her request and his/her contact details (identity of the person attested by a copy of his/her identity document) as follows:

In such cases, the Service will no longer be accessible, without the operating company or its partners being held liable, which the User expressly accepts.

Requests should be sent as follows:

by email to dpo.fr@5asec.com or by post to Centre de Relations Clients –20 rue du sentier 75002 Paris.

The operation of the Site and the performance of the Service are offered within the framework of a commitment of means. The deadlines for the performance of the Service are indicative. In the event of a delay, the User shall not receive any compensation. The User is solely responsible for the terminals and connections necessary for their use of the Site and for their choice of Service. The Company does not guarantee permanent or error-free access to or operation of the Site and cannot be held liable in this regard.

In the event of damage to an Item that has been subject to Prior and/or Additional Reservations accepted by the User, the Company shall not be held liable and no compensation shall be paid.

In the event of damage to an Item outside the scope of the Prior or Additional Reservations, as proven by the User, the operating Company’s liability shall be governed by the provisions of the 5àsec General Cleaning Terms and Conditions. It is hereby reiterated that the Company cannot be held liable in the event of incorrect labeling or lack of labeling.

In any event, the Company shall only be liable for direct damage suffered by the User in the event of a breach by the Company of its contractual obligations hereunder, to the exclusion of any indirect damage (such as loss of opportunity, loss of profit, loss of customers, loss of earnings, commercial damage, damage to image, etc.) and in accordance with the 5àsec General Cleaning Terms and Conditions

In all cases, it is the User’s responsibility to refer to the 5àsec General Cleaning Terms and Conditions, available on the Website or by clicking on the link above.

Neither Party shall be liable for any loss or damage resulting from a delay or failure to perform its obligations under the Contract attributable to a case of force majeure or unforeseeable circumstances, provided that the occurrence of such an event is promptly brought to the attention of the other Party in writing, specifying the impact of the event on the estimated duration during which it will affect the performance of this Contract. Expressly, events usually considered as force majeure by applicable case law are considered as such.

 

Article 11. TERMINATION

The User may terminate their use of the Services at any time by deleting their Account. In any event, in the event of a breach of these Terms by the User, the Company reserves the right to suspend and/or terminate their Account, without notice or compensation of any kind, and without prejudice to any sums it may claim as damages.

In the event of a dispute, the Company may validly provide proof of the Orders and the Items and Services concerned from the Website’s connection and transmission logs, which alone are deemed authentic, as acknowledged by the User. Furthermore, the User acknowledges that the final price will be calculated by the Operating Company after measuring the Item and applying the price previously brought to its attention on the Site. Under no circumstances does the setting of the final price constitute a unilateral modification of the User’s order by the Operating Company, but only a compliance with the terms of the Service and the reality of the Items entrusted. In accordance with Article L.134-2 of the French Consumer Code, the Company shall retain proof of any Order exceeding €120 and shall make it available to the User upon request.

These Terms and Conditions are initially written in French, which shall be the authoritative language in the event of translation into any other language. In the event that one or more provisions of these Terms and Conditions are deemed invalid, unenforceable, or inapplicable by any competent court, the other provisions of these Terms and Conditions shall remain valid, applicable, and enforceable unless otherwise provided by said court.

The Company reserves the right to modify the content of these Terms and Conditions at any time and without notice, provided that they are made available to Users via the Website. Continued use of the Account by the User constitutes full and complete acceptance of the updated terms and conditions. Otherwise, the User shall close their Account without compensation and cease to benefit from the Services.

In the event of a dispute, the Parties shall endeavor to reach an amicable agreement before taking any legal action. The Contract is subject to French law. Any dispute relating to the Service that cannot be resolved amicably between the operating company and the User shall be subject to the exclusive jurisdiction of the Paris Commercial Court.