PREAMBLE
MADIKEYS SARL, whose registered office is located at 107, résidence du Fort d’Alet, Route de l’Anse Mitan, 97229, Les Trois-Ilets, Martinique, is a service and concierge company for owners and tenants of seasonal rental properties. The company acts as an intermediary between owners and tenants, and in some cases, it may be the direct service provider if the requested service does not require specific expertise.
MADIKEYS SARL can also carry out transactions on real estate and business assets (holder of Carte T n° CPI 97212025000000014).
ARTICLE 1: APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale, accessible on the website www.madikeys.com, are systematically provided to clients upon signing a new service contract. Consequently, any order placed by the client constitutes acceptance, without restriction or reservation, of these general terms and conditions of sale, which prevail over any other document issued by MADIKEYS SARL.
Any other condition stipulated by the client shall, unless expressly accepted beforehand by MADIKEYS SARL, be unenforceable against the latter, regardless of when it may have been brought to its attention. If MADIKEYS SARL does not invoke any provision of these General Terms and Conditions of Sale at any given time, this tolerance shall not be interpreted as a waiver of its right to invoke said conditions subsequently.
The client declares having read and accepted the following General Terms and Conditions of Sale before placing any order for services.
ARTICLE 2: PACKAGES
Each order (individual service or package) will be subject to a purchase order or a service contract. A free quote may be provided beforehand for certain services. In all cases, the prospective client must provide their identity and contact information when making their request by telephone or email.
Services are offered on a per-unit basis (payable upon delivery) or as an individual package (payable upon delivery and valid for one year from the date of contract signing). A non-exhaustive list and price list of services can be found on the website www.madikeys.com.
For hourly services provided by MADIKEYS SARL, any hour started is payable in full.
Contract Termination
The client may terminate their contract at the end of each year by notifying the other party by registered letter with acknowledgment of receipt, three months before the anniversary date of the contract’s signing between MADIKEYS SARL and the client.
Should either party fail to fulfill any of its contractual obligations, the other party may terminate the contract. Termination will be effective at the end of the notice period (3 months before the anniversary date of the contract signing) and will be notified by registered letter with acknowledgment of receipt 30 days after a formal notice to perform has been sent and remains unheeded, without prejudice to any damages.
In the event of serious misconduct by either party, the other party will have the right to terminate this contract immediately, without prejudice to any damages.
Each party will also have the right to terminate this Contract immediately in the event of insolvency, receivership, liquidation, amicable settlement, provisional administration, dissolution, bankruptcy, or receivership of the other party, without prejudice to any damages.
In the event of non-payment by the client of their subscription fee by the agreed due dates, MADIKEYS SARL may terminate the contract without being liable for any compensation of any kind.
ARTICLE 3: ORDERING
How to Order
The client may inquire about and place orders for the services offered by MADIKEYS SARL using the following methods:
Order Processing
For all orders, the client must provide MADIKEYS SARL with their contact information (Last Name, First Name, home address, email address, telephone number) so that the company can contact them as quickly as possible.
MADIKEYS SARL undertakes to respond to the request as soon as possible using the methods mentioned above and to perform the requested service after the service contract has been signed.
The client agrees to reimburse all expenses advanced by the company for services provided to property owners, and the client agrees to reimburse all expenses advanced by the company for services provided to tenants.
No compensation of any kind may be claimed from MADIKEYS SARL by the client. If the supplier is unable to perform the service in strict accordance with the client’s request, the client will be responsible for obtaining a refund directly from the supplier.
Order Modifications and Cancellations
The benefit of the order is personal to the client and may not be transferred to a third party without the express prior consent of MADIKEYS SARL.
Any modification or cancellation of an order by the client must be made within a maximum of 7 business days to be considered by MADIKEYS SARL, which will assess the request based on the nature of the products or services in question. In any event, any modification or cancellation of an order by the client is subject to the express acceptance of MADIKEYS SARL.
In the event that MADIKEYS SARL refuses to modify or cancel the order requested by the client:
ARTICLE 4: CLIENT PAYMENT
Pricing and Invoicing
Services and products will be invoiced based on the rates precisely indicated, in euros, at the time of signing the service contract with MADIKEYS SARL. As MADIKEYS SARL is subject to the SARL tax regime, the services performed are subject to VAT.
MADIKEYS SARL undertakes to pay suppliers up to a limit of 300 euros; beyond this amount, all sums exceeding this limit must be advanced by the client for services provided to property owners.
Payment Methods
The client must pay the cost to suppliers and the corresponding commissions (see rates) directly to MADIKEYS SARL by credit card, bank transfer, or cash.
For amounts exceeding €300, the client agrees to pay either MADIKEYS SARL before the service is performed, or the supplier directly according to the supplier’s usual payment terms. In this case, invoices are made payable to the client, and MADIKEYS SARL acts solely as an intermediary.
The fact that the client pays the supplier’s invoices through MADIKEYS SARL does not, under any circumstances, make the intermediary responsible for the product or service delivered by the supplier.
Late Payment
Any sum not paid by its due date will automatically incur, without prior notice, late payment penalties of 10% per month (ECB key interest rate), as well as default interest at the legal rate.
In the event of late payment by the client, pending orders or deliveries may be canceled without prior notice and without prejudice to any compensation and/or legal action.
Failure to pay an invoice by its due date entitles MADIKEYS SARL to cancel any pending orders or deliveries, without prior notice or prejudice to any compensation and/or legal action, and without prejudice to the recovery of any sums remaining due from the client.
In the event of non-payment by the client (for proprietary services) within 30 days for one or more services not included in the package, MADIKEYS SARL will send an initial reminder; the subsequent reminder will constitute termination of the contract without any compensation of any kind being payable by MADIKEYS SARL.
ARTICLE 5: DELIVERY
The terms and delivery times will be defined at the time of the order.
Delivery by MADIKEYS SARL of the products ordered by the client does not in any way imply that the sale is made directly by MADIKEYS SARL, which acts solely as an intermediary in the relationship between clients and suppliers.
Despite all the care taken to strictly adhere to agreed deadlines, as an intermediary and dependent on the deadlines imposed by suppliers, MADIKEYS SARL cannot be held liable for damages or losses caused by a delay in delivery or service.
Failure to meet agreed delivery deadlines will not entitle MADIKEYS SARL to any compensation of any kind. The same applies to the quality of services performed by suppliers.
ARTICLE 6: CONFIDENTIALITY
MADIKEYS SARL undertakes not to disclose, under any circumstances or to any third party, any information collected during its interactions with its clients, except with the clients’ written authorization.
This clause becomes null and void in cases where the law requires MADIKEYS SARL to disclose this information.
ARTICLE 7: INTELLECTUAL PROPERTY
The website www.madikeys.com is a website of MADIKEYS SARL.
The content of the website www.madikeys.com, including texts, logos, and their formatting, is the exclusive property of MADIKEYS SARL, with the exception of trademarks, logos, or content belonging to other partner companies or authors.
Graphics, images, GIFs, and icons are the property of MADIKEYS SARL. Any reproduction, distribution, modification, retransmission, or publication of these elements is prohibited without the express written consent of MADIKEYS SARL.
For any authorization request or information, the customer should send an email to contact@madikeys.com.
ARTICLE 8: RIGHT OF WITHDRAWAL
In accordance with Article L.121-20 of the French Consumer Code, the customer has a period of seven clear days to exercise their right of withdrawal, exclusively with the supplier, and not with MADIKEYS SARL, starting from the date of receipt for goods or acceptance of the supplier’s offer for services.
When the 7-day period expires on a Saturday, Sunday, or public holiday (in France), it is extended to the next business day.
Exercise of Right
This right of withdrawal can be exercised without having to provide a reason or pay any penalties, except, where applicable, for return shipping costs. It may result in either an exchange or a refund from the supplier only.
In any case, returns, exchanges, or refunds will not be accepted after the 7-day period from the date of delivery for goods, or from the date of acceptance of the offer for services.
Return Conditions
Shipping and return costs remain the sole responsibility of the customer, and only the purchased product or service will be refunded by the supplier.
Only products returned in perfect condition and within the specified timeframe will be eligible for exchange or refund. Incomplete, damaged, or soiled products will not be accepted for return or exchange.
Returns must be sent to the supplier’s address, whose contact details may be included in the service contract that will be sent by MADIKEYS SARL following acceptance of the quote. These details will be provided upon request to MADIKEYS SARL by registered letter with acknowledgment of receipt.
This right of withdrawal does not apply to tourism services.
ARTICLE 9: RETENTION OF TITLE AND TRANSFER OF RISK
MADIKEYS SARL’s suppliers retain ownership of the products until full payment is received. However, the ordered products travel at the customer’s risk, and no exceptions to this rule are permitted.
In the event of damage, loss, or missing items, it is the customer’s responsibility to make all necessary reservations with the carrier.
MADIKEYS SARL, acting solely as an intermediary, will, in any event, be exempt from all liability relating to the transport and delivery of the ordered product or service.
ARTICLE 10: LIABILITY
The client expressly acknowledges that MADIKEYS SARL, acting as agent and more generally as a mere intermediary, is only bound by an obligation of means. Consequently, MADIKEYS SARL shall not be liable for any compensation of any kind whatsoever, regardless of the reason; only the supplier’s liability may be invoked.
The client shall therefore contact the supplier of the service or product in question directly for any claim for compensation or any other request relating to the product or service ordered through MADIKEYS SARL to seek redress.
MADIKEYS SARL is exempt from all liability relating to the performance of the sales contract and the delivery of the products and services ordered. MADIKEYS SARL may forward the client’s letters of complaint to the supplier.
Force Majeure
In any event, MADIKEYS SARL cannot be held liable for the non-performance of its obligations in the event of force majeure as defined by the Civil Code, and in particular in the event of a total or partial strike, flood, fire, computer failure, etc. (non-exhaustive list).
Home Services
In the event of service at the client’s home, the client declares that they do not have cash, jewelry, a tablet or computer, or any other valuables at their residence.
If the client decides to entrust a set of keys to their home to MADIKEYS SARL in order to perform a service in their absence, a waiver will be signed by the client to release MADIKEYS SARL from all liability in the event of a dispute.
ARTICLE 11: PROTECTION OF PERSONAL INFORMATION (CNIL)
In accordance with the French Data Protection Act of January 6, 1978, the client has the right to access, rectify, and object to personal data concerning them.
To do so, the customer simply needs to submit a request to MADIKEYS SARL by mail, indicating their: last name, first name, and address.
ARTICLE 12: APPLICABLE LAW
MADIKEYS SARL is a company governed by French law. The law applicable to contractual relations is exclusively French law.
ARTICLE 13: DISPUTES
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable settlement, the dispute will be brought before the competent civil courts.
Company Information
SARL with a capital of €1,000.00
107, résidence du Fort d’Alet, Route de l’Anse Mitan, 97229, Les Trois-Ilets, Martinique
RCS Fort de France 821 986 908
Tel: +596 6 96 26 15 80
Email: contact@madikeys.com
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