Term of sales
Preamble
The general conditions of sale described below detail the rights and obligations of MHVACANCES and its client
in the context of the sale of its services.
Any service performed by MHVACANCES therefore implies unreserved acceptance of the buyer to these
general conditions of sale.
Article 1 – Principles
These general conditions concern the services provided between professionals (provider / buyer).
These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the
commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, and in particular on all terms and conditions
of purchase. They apply, without restriction or reservation, to all services rendered by the service provider to buyers of
the same category.
The service provider and the buyer agree that these general conditions exclusively govern their relationship. The
provider reserves the right to modify its general terms and conditions from time to time.
They will be applicable as soon as they are put online.
If a service provision condition were to be lacking, it would be considered to be governed by the practices in force
in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are communicated to any buyer who requests them, in order to allow them
to place an order.
The supplier reserves the right to derogate from certain clauses hereof, depending on the negotiations conducted with
the buyer, by establishing special conditions of sale.
The service provider may , moreover, to establish categorical general conditions of sale, derogatory to the present general conditions of sale, according to the type of purchaser considered, according to criteria which will remain objective. Buyers
meeting these criteria will then be subject to these categorical general conditions of sale.
These general conditions of sale are applicable until November 06, 2022.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of the services offered by the service provider to the buyer. They relate to the following services: MOBILE HIRE
HOME.
These conditions only apply to services provided in France for buyers located on French
territory. For any service performed outside France, or for a buyer located outside France, it should be reported
to obtain a specific quote.
Article 3 – The order
Article 3 – The orderThe buyer places his order online, from the online catalog and by means of the form which appears on the site.
For the order to be validated, the buyer must accept, by clicking on the indicated on the site, these
general conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance
with the conditions described below.
Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the
provider reserves the right to block the buyer's order until the resolution of the problem.
If it is impossible to carry out the service, the buyer will be informed by e-mail.
The cancellation of the order for this service and its possible refund will then be made, the rest of the day
The cancellation of the order for this service and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer must call the 0610830688, Monday to Sunday, 8 a.m. to 8 p.m.
h (cost of a local call).
Article 4 – Conditions d’annulation
Pour une annulation de séjour ayant lieu au moins 30 jours avant la date d’arrivée du début de séjour du locataire, 50 % de la somme seront remboursés.
Moins de 30 jours avant la date d’arrivée du début de séjour, la totalité du prix de la location sera due.
Article 5 – Signature électronique
The online provision of the buyer's bank details and the final validation of the order will be worth proof of
the buyer's agreement and will be worth:
– payment of the sums due under the order form;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as such use is observed, to contact
the 0610830688.
Article 6 – Confirmation de commande
The contractual information will be confirmed by e-mail at the latest at the start of performance of the services, to the address indicated by the buyer in the order form.
Article 7 – Preuve de la transaction
The computerized registers, kept in the service provider's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the
parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 – Informations sur les prestations
The services governed by these general conditions are those which appear on the service provider's website and which
are indicated as carried out by the service provider or under its control. They are offered within the limits of the availability
of the service provider.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the service provider cannot be held liable.
Article 9 – Prix
Calculation
Unless otherwise agreed, the price of the services is established according to the number and experience of the personnel required, the
level of skill and responsibility required; hourly rates are revised periodically. Will also be invoiced, if applicable, for travel, subsistence and accommodation expenses incurred for the performance of the services. The
VAT at the current rate is added, where applicable, to the fees and disbursements. Delays or other unforeseen problems, over which
the service provider has no control and which are beyond its control, may result in additional fees
which may be subject to additional invoicing. The service provider undertakes to inform the buyer of these delays and
/or problems as soon as they occur in order to be able to assess the consequences with him. Invoices will be issued
corresponding to the services provided and disbursements incurred on a provisional basis and as and when they are carried out. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due: upon receipt.
Late payment penalties
In accordance with the law, any late payment obliges the service provider to invoice late payment penalties. The rate of penalties
for delay is established on the basis of the legal minimum rate; moreover, the late debtor will be required to pay the service provider
a lump sum compensation for recovery costs of 40 Euros; moreover, the service provider shall be entitled to suspend
the performance of the services until full payment of the unpaid invoice without this non-performance being considered
as attributable to it.
Deposit Any order, as defined above, gives rise to the payment of a deposit calculated according to the following terms:
30% of the price. Except in cases of force majeure, any cancellation of the order by the buyer beyond a period of 1 month after
the date of the order may not give rise to the reimbursement of this provisional deposit.
Article 10 – Modalités et délais de paiement
Payment
Payment for the order is made by direct debit from the buyer's bank account. The buyer must enter his
bank details in the space provided and confirm this entry by adding his computer bank details as an attachment to the
order form. The service provider reserves the right to suspend any management of the order and any delivery in the event of refusal
of payment authorization by officially accredited bodies or in the event of non-payment.
The service provider specifically reserves the right to refuse to make a delivery or to honor an order from a
buyer who has not fully or partially paid for a previous order or with whom a payment dispute
is in progress administration. The provider has implemented an order verification procedure intended to
ensure that no one uses the bank details of another person without their knowledge. As part of this
verification, the buyer may be asked to send the service provider, by fax or email, a copy of an identity document
as well as proof of address. The order will then only be validated after receipt and verification by the service provider
of the documents sent.
Term payment
The price is payable in full and in a single payment, upon receipt. This period will be mentioned on the invoice sent to
the buyer.
Late payment
Any late payment will result in the immediate payment of all sums due to the service provider by the purchaser, without
prejudicing any other action that the service provider would be entitled to bring, in this respect, against the purchaser.
Article 11 – Délais d’intervention
Except in the event of force majeure or during closing periods clearly announced on the site's home page, the response times will be, within the limits of the service provider's availability, those indicated below. The execution times
run from the date of registration of the order indicated on the order confirmation email.
For services carried out in Metropolitan France, the deadline is working days from day following that on which
the buyer placed his order.
In the event of a delay, the service provider cannot be held liable, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the buyer.
In the event of the service provider's unavailability to perform the service, the buyer will be informed at sooner and will have the option
to cancel their order. The buyer will then have the possibility of requesting a refund of the sums paid within
30 days at the latest of their payment.
Article 12 – Modalités de réalisation
The realization is started only after confirmation of the payment by the banking organization of the service provider.
It is provided within the time specified on the order form, from the receipt by the service provider of the voucher
order.
In the event of non-compliance with the payment conditions listed above, the seller may suspend or cancel the service.
The service is carried out at the address indicated by the buyer on the order form . The buyer must ensure its
accuracy. Any loss of service by the service provider due to an incorrect or incomplete address will be invoiced to the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
The buyer will make sure to give access to the service provider, especially if he is not personally present on the day of the performance of the
service.
The end of the service will give rise to an end-of-service document. 'intervention. The buyer must indicate on this document and in
the form of handwritten reservations accompanied by his signature, any anomaly concerning the service or the conditions of its performance.
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the
end of intervention document.
Article 13 – Obligations du prestataire
The service provider's commitments constitute an obligation of means at the end of which the services will be performed
in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract.
To do this, the service provider shall assign to the performance of the services professionals with the skills required to
ensure that they are carried out in accordance with its quality standards.
Article 14 – Obligations de l’acheteur
In order to facilitate the proper performance of the services, the buyer undertakes:
to provide the service provider with information and documents that are complete, accurate and within the necessary timeframes without it being
required to verify their nature completeness or accuracy;
to make decisions in a timely manner and obtain the necessary hierarchical approvals;
to appoint a correspondent with decision-making power;
to ensure that the interlocutors keys and the correspondent are available throughout the performance of the
services;
to notify the service provider directly of any difficulty relating to the performance of the services.
Article 15 – Informations et publicité
The buyer acknowledges and accepts:
that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents
by e-mail circulating on the Internet network;
that none of the parties 'exercises control over the capacity, reliability, access or security of these e-mails;
that the service provider shall not be held liable for any loss, damage, expense or prejudice caused by the
loss, delay, interception, misappropriation or alteration of any email caused by any event. In general, the parties undertake to comply with the regulations applicable to the protection of
personal data and in particular the provisions of Law 78-17 of January 6, 1978 relating to data processing,
files and freedoms.
Confidential information
Each of the parties undertakes not to disclose the confidential information received from the other party. Confidential information
means information of any kind, visual or oral, on any medium whatsoever, relating to
the structure, organization, business, various internal policies, projects and staff of each of the parties.
Subject to the exceptions set out below, this obligation of confidentiality will take effect for the following
period: 6 months following the end of the services. Also confidential are the content of the services as well as the reports, letters, information, notes, quotes, provided by the service provider during the performance of the services. These
documents are communicated to the buyer for strictly internal use and on the condition that they are not disclosed to
third parties or attached to any document that he would be required to produce. If the buyer wishes that all or part of these
documents be disclosed to/or used by a third party, he must request prior authorization in writing from the service provider. The
conditions applicable to this disclosure will then be established.
Excluded information
The obligations and restrictions set out above do not apply:
to confidential information which belongs in the public domain, or were freely acquired before the start of the service;
are or become known other than as a result of a violation of this article;
are or become known thanks to 'other sources not subject to a restriction of disclosure;
or must be communicated under a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.
Subject to its confidentiality obligations, the service provider reserves the right to perform services for
companies competing with those of the buyer.
Article 16 – Propriété intellectuelle
In the event that one of the service provider's recommendations or the use of items delivered following one of its recommendations
involves the use of goods, models, drawings, photographs, etc. subject to intellectual property rights
belonging to third parties, the service provider will inform the buyer of the existence of these rights and the consequences of their use.
It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights,
in particular by negotiating for its own account the rights of use under conditions such that the service provider is able to rely on them for the needs of the services.
For the specific needs of the services, the service provider may use or develop software, including
sheets, documents, databases and other IT tools.
In certain cases, these aids can be made available to the buyer and at his request. Insofar as these tools
have been developed specifically for the needs of the service provider and without consideration of the buyer's own needs,
they are made available to the buyer for the duration of the contract in l condition and without any warranty attached, for simple
use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This
temporary provision shall not entail any assignment of rights or guarantee, whatever the title, for the benefit of
the buyer or that of the third party.
The service provider reserves all rights, title and interest in:
the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other acts
of proceedings, etc. carried out within the framework of the services, including in a non-limiting way, any copyright, trademark
registered and any other intellectual property right relating thereto;
all methods, processes, techniques, developments, and know-how whether or not incorporated into the services or that
the service provider may develop or provide as part of the services.
The buyer may, without geographical limitation, free of charge and irrevocably, use internal and for the duration of
protection by copyright, the elements designed by the service provider and integrated into its work. The buyer undertakes not to
distribute, market, and more generally to make available or to grant the use of these same
realizations and more generally to grant the use of these same elements to third parties without the service provider's agreement.
No party may mention or use the name, denomination, trademarks and logos or other designations,
commercial or otherwise, of the other party without the prior written consent of the latter. By way of derogation from the foregoing, the
service provider may make use of the buyer's name, denomination, trademarks and logos during the contract to the
extent of what is strictly necessary for the execution services, including in subsequent service proposals. In addition, the buyer authorizes the service provider, at the end of the performance of the services, to quote his name
/denomination as a reference and to accompany this quote, if necessary, with a generic description of the services
carried out.
Article 17 – Documents
The service provider will keep the original documents that will have been given to him, and will return them to the buyer, on his request.
All the documents, data or information, that the buyer will have provided, will remain his property.
The service provider will keep a copy of the only documents necessary for the constitution of its working files.
The working documents prepared within the framework of the services are our property and are covered by
professional secrecy.
Article 18 – Indépendance
In the event that a conflict of interest or a problem of independence arises during the performance of the
services, the service provider will immediately inform the purchaser and will seek with him the most suitable solution for the situation.
situation in compliance with the applicable rules. More specifically, if a change in the regulations or
professional standards prohibits the service provider from continuing its services, it will make available to the buyer the
result of the services as well as all documents necessary for their finalization, including including its Documents as is, in order
to facilitate prosecution by a third party.
Article 19 – Responsabilité du prestataire
The full liability of the service provider and that of its employees relating to any breach, negligence or fault, noted during the performance of the services, will be capped at the amount of the fees paid for the services provided.
>cause, in order to cover claims of any kind (interest and costs included), regardless of the number of actions,
foundations invoked, or parties to the disputes.
This stipulation does not not apply to liability for death or personal injury, or any other liability of the provider
This stipulation shall not apply to liability for death or bodily injury, or to any other liability
which the law prohibits to exclude or limit.
The liability of the service provider can only be engaged in the event fault or proven negligence and is limited to
direct damage to the exclusion of any indirect damage, of any nature whatsoever.
Furthermore, the service provider cannot be held liable in the following cases:
following a failure or deficiency in a product or service, the supply or delivery of which is not the responsibility of
it or its possible subcontractors;
for the facts and/or data which does not fall within the scope of the services, and/or which is not an extension thereof;
in the event of use of the results of the services, for a purpose or in a context different from that in which it
intervened, erroneous implementation of recommendations or lack of consideration of s reservations of the
provider.
The service provider is not liable for its insurers or for consequential damages, or for loss of profit or loss of opportunity or
expected profits, or for the financial consequences of any actions brought by third parties against
the purchaser.
Article 20 – Garantie
The service provider guarantees the purchaser against any lack of conformity of the services and any hidden defect resulting from a defect in the design or supply of the said services, excluding any negligence or fault on the part of the purchaser.
En In any case, in the event that the liability of the service provider is retained, the service provider's guarantee would be limited to the
amount excluding tax paid by the buyer for the provision of the services.
Article 21 – Cessibilité et sous-traitance
The service provider reserves the right to assign all or part of the performance of the services to service providers meeting the
same qualification requirements.
If the service requires specific technical skills, the service provider will inform the buyer of the possibility of subcontracting part of it. The subcontractor will then act under the sole responsibility of the service provider and will undertake to keep
confidential all the information of which it becomes aware during the services.
Article 22 – Réclamations
All complaints, whether amicable or legal, relating to the performance of the services must be made
within one year from the end of the performance of the service.
Article 23 – Droit de rétractation
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the
right of withdrawal provided for by the consumer code.
Article 24 – Force majeure
All circumstances beyond the control of the parties, preventing the execution under normal conditions of their
obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well
of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable,
inevitable , beyond the control of the parties and which cannot be prevented by the latter, despite all
reasonably possible efforts. Explicitly, the following are considered as cases of force majeure or fortuitous events, in addition to those
usually retained by the case law of French courts and tribunals: the blockage of means of transport or
supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions in which the performance
of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions
may be terminated by the injured party.
Article 25 – Non-validation partielle
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other
stipulations will retain all their force and scope.
Article 26 – Non-renonciation
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation
in question.
Article 27 – Titre
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the
clauses, the titles will be declared non-existent.
Article 28 – Protection des données personnelles
Data collected
The personal data collected on this site are as follows:
account opening: when creating the user's account, his name; first name ; email address ; phone number; address ; number plate-banking details
connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection, usage, location and his data relating to payment;
profile: the use of the services provided on the website allows you to fill in a profile, which may include an address
and a telephone number;
payment: as part of the payment of the products and services offered on the website, it records financial
data relating to the user's bank account or credit card;
communication: when the website is used to communicate with For other members, data concerning
user communications are subject to temporary storage;
cookies: cookies are used as part of the use of the site. The user has the option of disabling cookies
from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services of the website ,
improving them and maintaining a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of the Services of payment;
– verification, identification and authentication of data transmitted by the user;
– proposal to the user of the possibility of communicating with other users of the website;
– implementation of user assistance;
– personalization of services by displaying advertisements based on the user's browsing history, according to
preferences;
– prevention and detection of fraud, malware (malicious software or malware) and management of
security incidents;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user's preferences.
Sharing personal data with s third parties
Personal data may be shared with third party companies, in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in relation with
third-party banking and financial companies with which it has entered into contracts;
– when the user publishes, in the free comment areas of the website, information accessible to the public;
– when the the user authorizes the website of a third party to access his data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these
services, and have a contractual obligation to use them in accordance with the provisions of the regulations.
services, and have a contractual obligation to use them in accordance with the provisions of the regulations
applicable in terms of protection of personal data;
– if required by law, the website may carry out the transmission of data to respond to claims made against
the website and comply with administrative and legal procedures;
– if the website is involved in a merger, acquisition, sale of assets or reorganization procedure< legal action, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to
a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be
pointed out that the internet is not a completely secure environment and the website cannot guarantee the security of the
transmission or storage of information over the internet.
Implementation user rights
In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: mhvacances12@gmail.com
The right of access: they can exercise their right of access, to know the personal data concerning them. In
this case, before the implementation of this right, the website may request proof of the user's identity in order to
verify its accuracy.
The right of rectification : if the personal data held by the website is inaccurate, they can
request that the information be updated.
The right to delete data: users can request the deletion of their personal data< personal data, in accordance with applicable data protection laws.
The right to limit processing: users can request the website to limit the processing of
personal data in accordance with the hypotheses provided for by the GDPR.
The right to object to the processing of data: users can object to their data being
processed in accordance with the assumptions provided for by the GDPR.
The right to portability: they can request that the website provide them with personal data
provided to it for transmission to a new website.
Changes to this clause
The website reserves the right to make any changes to this data protection clause personal at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform
users of the change by e-mail, at least 15 days before the effective date. If
the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Article 29 – Loi applicable
These general conditions are subject to the application of French law. They are written in French.
In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute which could arise from the performance of the services.
If they fail to do so, the parties will submit the dispute to the competent commercial court.
These T&Cs for online services for professionals were created on the Rocket Lawyer website.