Easystart Relocation (the “Company” or “Easystart”) is a simplified joint stock company registered with the Paris Trade and Companies Register under number 932 943 087 and registered office is located 95 avenue de Choisy, 75013 - Paris (the “Company”).The Company can be contacted at the following:
The list of the Company's Services is available on its website (the “Site”) at the following address: https: //www.easystart.me/
The quotation (the "Quotation")
It’s based on the Customer’s requests.The Customer must accept it in writing (including by email) within 15 days of its issue. This acceptance implies acceptance of the Terms and Conditions in their version in force at the date of the Quotation.In case of contradiction, the Quotation shall prevail over the Terms and Conditions. In case of contradiction, the most recent Quotation shall prevail over the oldest one(s).
The service agreement (the “Service Agreement”)
It’s based on the Customer’s requests.
The Customer must accept it in writing (including by email) within 15 days of its issue. This acceptance implies acceptance of the Terms and Conditions in their version in force at the date of the Service Agreement.
In case of contradiction, the Quotation shall prevail over the Service Agreement.
The terms and conditions of use
(the « Terms and Conditions »)
They define:
- The terms of use of the Services,
- The respective obligations of the parties.
The Customer can find them on the Site and the Company communicated to the Customer whenever necessary.
4. Conditions of access to Services
(i) The Customer is:
- a person with full legal capacity, or
- a legal entity acting through a natural person with the power or authority required to enter into a contract in the Customer's name and on their behalf.
(ii) The Customer is:
- a consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity; or
- a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
5. Ordering Services
5.1 Placing an order The Customer may place an order for a Service by sending a request to the contact details given in the article “Company information” or by completing the contact form on the Site. On the basis of the information provided by the Customer, the Company will issue a Quotation. The Customer will validate his/her order by returning the signed Quotation within the period indicated in the “Contractual Document”’ article.
5.2 Order Cancellation Any Service ordered in the Quotation may not be cancelled, nor may it give rise to a refund.
6. Description of the Services
The Services to which the Customer has ordered are described in the Quotation.
The Company reserves the right to offer any other Service.
Any request to modify the ordered Services must be the subject of an additional Quotation.
7. Duration of the Services
In the absence of indication, the duration of the Services is that necessary for their performance.
Once the Services ordered in the Quotation have been fully performed, any request for new Services must be the subject of an additional Quotation.
8. Financial terms of the Company
8.1. Price of Services
The price of the Services subscribed by the Customer is indicated in the Quotation. Any amount mentioned in the Quotation is due in full once accepted by the Customer.
The Company is free to offer promotional offers or price reductions.
8.2 Invoicing and payment terms
The Company’s invoicing and payment terms are specified in the Quotation.
The Customer warrants that they have all necessary authorisations to use this method of payment.
8.3 Consequences of late or non-payment
In the event of default or delay in payment, the Company reserves the right, from the day after the due date shown on the invoice, to:
- Immediately suspend the Services in progress until full payment of the amounts due,
- Charge interest on arrears equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
9. Customer’s right of withdrawal
If the Customer is a customer without any legal entity, he has a right of withdrawal.
Also, the Customer has a right of withdrawal if they
(i) are a professional with 5 or fewer employees,
(ii) are purchasing a good or service that does not fall within their main field of activity and
(iii) have concluded the agreement "off-premises", i.e. :
- in a place, other from the Company’s premises, where the Company’s personnel and the Customer were physically present together and at the same time (for example : signing the quotation at the Customer’s premises)
- at the Customer’s premises or by means of a remote communication technique, immediately after the Company has personally and individually approached the Customer (i) at a location other than the Company's premises and (ii) where the Company and the Customer were physically present together at the same time (e.g. meeting at the Customer's premises or at a trade fair, delivery of a quotation on this occasion, followed by signature by the Customer at the Company's premises),This right of withdrawal is valid for 14 calendar days from the date of signature of the Quotation.
The Customer can exercise this right free of charge by sending to the Company before the end of this period to the address mentioned in article "Company information":
- the completed withdrawal form available in Appendix 1,
- or any other unambiguous statement expressing the Customer’s wish to withdraw.
If the Customer exercises their right of withdrawal, the Company will refund all payments received, by bank transfer, without undue delay and no later than 14 calendar days from the date on which the Company was informed of the Customer’s wish to withdraw.
10. Intellectual property rights
The Services in no way affect the intellectual property rights of either Party.
11. Commercial references
If the Customer is a professional, the Company and the Customer may use their respective names, brands and logos and refer to their respective platforms as commercial references for the duration of their contractual relationship and for 3 years thereafter.
12. Customer’s obligations and liability
The Customer undertakes to provide the Company with all the information required to order the Services. The Customer undertakes to be responsive and to take all necessary steps to meet the deadlines for the performance of the Services.
The Customer guarantees that the information provided in the form is accurate and undertakes to keep it up to date.
The Customer shall indemnify the Company against any claim and/or action that may be brought against it as a result of the breach of any of the Customer’s obligations. The Customer shall indemnify the Company for any loss suffered and reimburse the Company for any sums it may have to bear as a result.
The Customer undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. In this respect, it is solely responsible for the proper completion of all administrative, fiscal and/or social formalities incumbent upon it. The Company cannot be held liable in any way in this respect.In the event of failure to comply with its obligations, the Customer may not hold the Company liable or demand reimbursement for the Services.
In the event that the Services relate to obtaining a visa, or any other document issued by the authorities (including competent government authorities, such as, but not limited to, consulates, embassies, immigration offices and competent agencies) (the « Official Documents »), the Customer shall remain liable for any costs or expenses incurred in connection with the Official Document application process, including, but not limited to, government fees, travel costs and Company costs incurred in the name of and on behalf of the Customer upon the Customer's express request.
13. Company’s obligations and liability
The Company undertakes to provide the Services with diligence, it being specified that it is bound by a best-effort obligation.
The duration of the Services will be determined by the time required for them to be carried out by the Company. The Company shall use its best efforts to comply with the timetable for completion of the Services indicated in the Quotation, orally or in writing. As these deadlines are provided for guidance only it shall not be held liable except in the event of proven fault on its part.
Any delay attributable to the Customer postpones the agreed delivery date by the same duration.
3.1. Concerning the quality of the Services
The Company uses its best effort to provide the Customer with quality Services.
Where the Services relate to obtaining an Official Document, the Customer acknowledges and accepts that the outcome of applications for such Official Documents is determined solely by the relevant government authorities, such as, but not limited to, consulates, embassies, immigration offices and relevant agencies, and is subject to applicable laws, regulations and policies.
The Company has no control over the outcome of an application for an Official Document issued by the authorities and therefore cannot guarantee that such a document will be issued.
The Customer acknowledges and accepts that the Company cannot be held responsible for refusals of Official Documents, delays or negative consequences resulting from the acceptance or rejection of a request for Official Documents.
The Customer further understands that the Company will use reasonable endeavours to provide accurate and up-to-date information and assistance in connection with the Official Document application process. However, Easystart cannot be held responsible for any inaccuracies or changes in the conditions for obtaining Official Documents, laws or regulations that may affect the outcome of the Services related to the Official Documents.
However, the Company shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:
- circumstances beyond its control ;
- a case of force majeure as defined in article 1218 of the French Civil Code and as interpreted by case law.
Furthermore, the Company does not guarantee that the Services as they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults.
13.2 Concerning subcontracting and assignments
The Company may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as the Company. Nevertheless, the Company remains solely responsible to the Customer for the proper performance of the Services.
The Company may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer. In such a case, the Company will inform the Customer of this substitution by any written means.
14. Limitation of the Company’s liability
If the Customer orders Services as a professional:
If the Customer is a professional, and with the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, the Company’s liability shall not exceed:
the amounts received by the Company for the provision of its Services and specified in the Quotation.
15. Personal data processing
The parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent on them in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the "Applicable Regulations").
To find out more about the processing carried out by the Company, the Customer is invited to consult the Company's privacy policy, which is available on the Site.
16. Force majeure
The Company shall not be liable for any failure or delay in the performance of its contractual obligations due to force majeure occurring during the term of its relationship with the Customer as defined in article 1218 of the French Civil Code.
If the Company is prevented from fulfilling its obligations due to force majeure, it must inform the Customer by registered letter with acknowledgement of receipt, or otherwise in writing. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased.
The Company nevertheless remains bound by the performance of obligations not affected by force majeure.
If the force majeure event lasts for more than 30 working days, the Company may immediately terminate its contractual relationship with the Customer by any written means.
In the event that performance of the Services has commenced by the Company, the amounts stipulated in the Quotation shall remain payable by the Customer, even in the event of force majeure.
17. Sanctions in the event of breach
The following are material obligations to the Customer (the "Core Obligations"):
- payment of the price,
- not to provide the Company with incorrect or incomplete information,
- not to engage in any illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order or violate applicable laws and regulations.
In the event of a breach of any of these Core Obligations, the Company may suspend or terminate the Customer’s access to the Services.
These sanctions are without prejudice to any damages that the Company may claim from the Customer.
In the event of a breach of any obligation other than a Core Obligation, the Company will request the Customer by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.
18. Mediation
18.1. For an individual (consommateur) Customer
In the event of a dispute between the Customer and the Company, the Customer may have recourse free of charge to the following consumer mediator for an amicable settlement.
If the Customer is a foreign consumer located in the European Union, they can go to the European consumer law dispute resolution platform accessible here.
18.2 For a professional Customer
In the event of a dispute between the Professional Customer and the Company, the parties undertake to attempt to resolve the dispute amicably. Failing an amicable agreement within two (2) months of the first notification of the dispute, the parties agree to have recourse to compulsory prior mediation before taking any legal action.
The mediation will be conducted by an approved mediator, appointed by mutual agreement between the parties, or in the absence of agreement, by a recognized mediation authority. To put a definitive end to the dispute, the parties will endeavour to homologate the mediation agreement, giving it full enforceability.
The costs of the mediation will be borne by the party initiating the mediation, unless otherwise agreed.
If the mediation fails or if no solution is found within three (3) months of the appointment of the mediator, the parties may initiate legal proceedings, under the conditions mentioned in the article “Applicable law and jurisdiction”.
19. Applicable law and jurisdiction
The Terms and Conditions are governed by French law.In the event of a dispute between the Customer and the Company, and in the absence of an amicable agreement or a mediation decision under the conditions set out in the “Mediation” article, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.
Appendix 1 : Withdrawal form
Please complete and return this form only if you wish to withdraw from the agreement
For the attention of: EasyStart Relocation
Address: 95 avenue de Choisy 75013 - PARIS France
Telephone: +33 1 83 64 06 68
Email address: contact@easystart.me
I hereby notify you of my withdrawal from the contract for the services: ______
__________
If the refund is to be made in a form other than the original means of payment:
I expressly agree that the refund may be made by WIRE TRANSFER.
Customer name: ___________________
Customer address: __________________
Customer signature: __________________(only in case of notification of this form on paper)
Date : __________________