Welcome In GENERAL TERMS OF SALE 2008

PREAMBLE

The one-man private limited-liability company Welcome In, the headquarters of which are located at Terrasses du Parc II, Entrée 7, 13800 Istres, with a capital stock of 10 000 €, was registered at the Commercial and Companies Register of Salon de Provence under the registration number 500 460 480
Its activities are the provision of Relocation and Concierge services.

Its main mission is to be a go-between between the client and the service providers, so as to facilitate steps or formalities linked to the installation of the client in the region (Relocation services), and to reduce the management of daily-life restraints (Concierge services). In some cases, and for interventions that do not need any specific qualification, Welcome In can be the service provider, notably for the execution of tasks as described in the mission order or to face the emergency of a situation.

ARTICLE 1 – IMPLEMENTATION OF THE GENERAL TERMS OF SALE

The following general terms of sale are available on the website www.welcome-in.fr. They are systematically forwarded to each client for the signature of the mission order, and the registration of the order.
As a result, by placing any order, the client fully adheres, without restriction nor reserve, to the following general terms of sale, prevailing upon any other document (leaflet, catalogues…issued by Welcome In).
Unless any previous explicit permission has been granted by Welcome In, any other condition opposed by the client will be considered non-invocable by the company, regardless of the moment it has been communicated. Should Welcome In not punctually avail itself of any of the provisions of the following terms, this acceptance cannot be interpreted as a renunciation to subsequently avail of the present terms.

The client declares his knowledge and acceptance of the following general terms of sale before placing any order for the supply of products or services.

ARTICLE 2 – AVAILABLE SERVICES

For the proposed services, reference will be made to the mission order enclosed with the present terms.
Our prices are all taxes included (VAT included).
These prices do not include invoices from suppliers or service providers, which the client will have to pay directly according to the payment terms usually applied by these latter.
They do not include any agency commission, bail or registration fee from suppliers or service providers.
The following services are available from Monday to Friday, from 9am to 6pm.
Fees are surcharged 100% on week-ends, at night or on holy days.

ARTICLE 3 – ORDER

For any information about the available services proposed by Welcome In, and to place and order, the client can use the following means:
- By telephone: (0033).(0)6.61.25.75.62
- By fax: (0033).(0)4.42.86.33.24
- By mail at the following address : Welcome In, Terrasses du Parc II, Entrée 7, 13800 Istres, France
- By e-mail at the following e-mail address: contact@welcome-in.fr

a) Regulations Generally Applicable to Orders

Before any order registering, the client must communicate to Welcome In his personal or professional address, e-mail, telephone and/or fax number, thus enabling Welcome In to contact him rapidly.

b) Order Confirmation

All orders will be confirmed to the client by e-mail, fax or mail as quickly as possible.
On the assumption that the total amount of the Welcome In services would exceed 200 € (Two hundred euros), the client would imperatively have to confirm his acceptance to Welcome In in writing (by fax, e-mail or mail), by returning the mission order duly signed, and paying a deposit up to 50% of the total services amount. The balance is due upon receipt of the invoice.
These orders will be considered definite after the receipt by Welcome In of the written acceptance of the client.

c) Shortage of Products or Services Proposed by Suppliers and Service Providers

All orders are subject to the availability of stocks or services proposed by supplier(s) and service provider(s).
The client will be contacted and proposed alternative solutions as quickly as possible in case of:
- Shortage of the ordered products,
- Unavailability of the ordered services,
- Modification in the nature of the ordered product or service,
- Modification in the price of the service or product ordered by the client,
- Modification in the price of the service or product indicated by Welcome In to the client,
- Modification in the delivery term indicated by Welcome In to the client.

The proposed alternative solutions will be implemented upon receipt of a written acceptance from the client.
On the assumption that no alternative solution would be found nor accepted by the client within a 5-workday period, Welcome In would purely and simply cancel the order. Therefore, the client can require no compensation of any kind from Welcome In.
Should the supplier or service provider not be able to carry out the service strictly confirm to the client’s request, this latter would have to get compensation directly from the supplier.

d) Personal Order

The benefit of the order is personal to the client, and cannot be transferred to the favour of a third person without a previous and explicit agreement from Welcome In.

e) Modification of the Order by the Client

Any modification or cancellation of the order by the client will have to be made at the latest seven workdays before the date of the execution of the ordered services to be taken into account by Welcome In.
At any rate, any modification of the order by the client is subject to an explicit acceptance from Welcome In.

Should the modification of the order requested by the client reveal impossible, or intervene beyond the foresaid period:
- the amount of the order would still be due by the client;
- the amounts already paid by the client (fee or deposit) would in no way be refunded.

ARTICLE 4 – PAYMENT OF THE INVOICE BY THE CLIENT

a) Amount of the Invoice

The invoice will be sent to the client once the ordered services are carried out. Products and services will be billed on the basis of the fees precisely indicated, in euros and all taxes included, in the order confirmation from Welcome In.
Extra costs could be charged in case of work time beyond schedule, additional services or expenses not included in the initial order, and as specified in this latter.

b) Payment Terms

In case of an order exceeding 200 € (Two hundred euros), and thus payment of a deposit up to 50% of the total amount when ordering, the client will pay the balance of the order upon receipt of the invoice.
For orders less than 200 € (Two hundred euros), the total amount of the services will be due upon receipt of the invoice.
The client will be able to pay Welcome In by cash, cheque or bank transfer.

Should Welcome In intervene just as a go-between connecting the client to a supplier or a service provider, this only connection will be directly billed to the client by the Welcome In company. In no case is the service provider a Welcome In sub-contractor. The invoices are payable to the buyer, and the Welcome In company only helps as a go-between. In this case, the client will have to pay directly the supplier or service provider for the services done, and according to the payment terms usually applied by the supplier.

c) Payment Delays

Any overdue payment at its due date will lead, by full right and without previous formal notice, to late payment penalties at the rate of 1.5% / month, as well as late payment interests at the legal rate. In case of an overdue payment by the client, the ongoing orders or deliveries can be cancelled without previous formal notice or prejudice of any indemnity and/or legal channels.

d) Default In Payment

The default in payment of an invoice at its due date authorises Welcome In to cancel ongoing orders or deliveries, without previous legal notice or prejudice of any indemnity and/or legal channels, and without prejudice of the amount still due by the client.

ARTICLE 5 – DELIVERY

a) Delivery Terms

The delivery terms of the ordered product or service will be fixed in the written confirmation sent by Welcome In to the client. The fact that Welcome In delivers the ordered products to the client can in no way lead to presume that the sale is directly done by Welcome In, acting only as a go-between in the relation between the clients and the suppliers.

b) Delivery Time

The delivery time will be specified in the written confirmation sent by Welcome In to the client. Despite all the care brought to the strict observance of the fixed terms, Welcome In cannot be held responsible for damages or prejudices caused by a delay in the delivery of a product or service.
The non observance of the agreed delivery time can lead to no indemnity of any kind from Welcome In.

ARTICLE 6 – CANCELLATION PERIOD

In some cases, and in accordance with article L.121-20 of the Consumption Law, the client has a seven-clear day deadline to assert his right to cancellation, only to the supplier, and not to Welcome In, and this as of delivery for the goods, or acceptance of the offer for the provision of services.
When the seven-day period expires on a Saturday, Sunday or on a holy day or day off, it is extended till the first following working day. This right to cancellation can be asserted without having to supply any motive, nor pay any penalty, except for, in that event, return expenses. It can lead to an exchange or a refund from the supplier exclusively.
At any rate, no return, exchange or refund will be accepted after this seven-day period as of delivery for the goods, or acceptance of the offer for the provision of services.
The shipment and return costs will be exclusively at the client’s expenses, and only the product or service bought will be refunded by the supplier.
Only the products returned in perfect state and within the period can be exchanged or refunded. The products returned incomplete, damaged or messed, will be neither returned nor exchanged.

Returns are to be made at the supplier’s address, which details:
- can be mentioned in the written confirmation eventually sent by the Welcome In company to the client after the estimate acceptance,
- can be supplied on demand by Welcome In.

This cancellation right does not apply to the provision of tourist type services, nor goods made according to the client’s specifications or clearly personalised or goods that, given their nature, cannot be returned or are likely to be damaged or quickly spoilt.

ARTICLE 7 –PROPERTY LAW AND RISKS TRANSFER

The Welcome In company’s suppliers or service providers will keep the property of the products until their full payment. The ordered products will however be shipped at the client’s own risk, with no possible dispensation to this rule. In case of damage, loss or missing item, the client would need to have reserves to the carrier. In any case, Welcome In, in its position as a simple go-between, will be exempt from all liability concerning transport and delivery of the ordered goods or services.

ARTICLE 8 – LIABILITY

The client explicitly admits that Welcome In, in its position as an intermediary and more generally as a simple go-between, remains liable only to a means liability.
As a consequence and whatever the motive, Welcome In would not bear any indemnity of any kind. Only the supplier’s liability can be committed.

Therefore, the client will have to make to the concerned product or service supplier all requests for compensation or other request concerning the ordered product or service through Welcome In, so as to ask for compensation.
Welcome In is exempt from any liability concerning the sale contract implementation and the delivery of the ordered products and services.
Welcome In can forward to the supplier the complaint letter thus sent by the client.

At all events, Welcome In cannot be held responsible for the non implementation of its liabilities in case of force majeure as described in the Civil Code, and notably in case of total or partial strike, flood, fire, computer breakdown, etc. (non-exhaustive list).

ARTICLE 9 – PERSONAL INFORMATION PROTECTION

In compliance with the computer and liberty law of the 6th January 1978, the client has a right of access, modification and opposition of his own personal information. To do so, the client can make his request to Welcome In by mail, indicating his name, surname and address.

ARTICLE 10 – LAW APPLICABLE TO THE CONTRACT

Welcome In is a French law company. The law applicable to the contract relations is exclusively the French law.

ARTICLE 11-TERRITORY COMPETENCE CLAUSE

The interpretation and implementation of the present general terms of sale, as well as all action deriving from it, are submitted to French law. Any litigation linked to our sales, even in case of guaranty appeal or multiple defenders, will be exclusively under the competence of the Aix-en-Provence Courts, where our headquarters are located.