GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE
«TMW Concierge Services»
Updated on 1 January 2024
PREAMBLE
Valérie-Anne (hereafter referred to as “Valérie-Anne”), a limited liability company registered in the Paris Trade and Companies Register under number 814 310 892, with its head office located at 18 rue du Cherche-Midi – 75006 PARIS, represented by Mrs. Valérie-Anne Eymard in her capacity as Managing Director, offers the following among its services :
TMW CONCIERGE SERVICES, under the brand name TellMeWhat (trademark filed with the INPI on 18 January 2018 under number 4420758).
Valérie-Anne has taken out a service provider civil liability insurance policy with AXA under number 0000010601290404, effective from 16/12/2019.
The services offered are presented on the Valérie-Anne website at the following address: https://valerie-anne.fr/tell-me-what-parisian-concierge-service-that-will-change-your-life.
1. DEFINITIONS
“General Terms and Conditions of Sale and Service” (or GTCS): refers to these contractual conditions governing the operation and terms of use of TMW CONCIERGE SERVICES formulas.
“TMW CONCIERGE SERVICES”: refers to the offer by which Valérie-Anne makes its services available to the Client according to the conditions and modalities described in these GTCS.
“Client”: refers to any legal adult individual or any legal entity that has ordered and paid for a TMW CONCIERGE SERVICES formula or a service performed by a third-party Company.
“Company”: refers to the entity providing the service to the client regardless of its status and legal form (craftsman, trader, freelancer, artist, etc.).
“Product”: refers to any tangible good marketed by a third-party company and ordered by the Client.
“Service”: refers to the action of providing a tangible good or a service to the client by the Company.
“Order”: refers to the purchase of a TMW CONCIERGE SERVICES formula or a Service offered by a Company.
“Force Majeure”: an unforeseeable, insurmountable event independent of a person’s will, which results in preventing them from performing the services they were to carry out.
2. PURPOSE
These GTCS govern all transactions concluded between Valérie-Anne and the Client for the TMW CONCIERGE SERVICES (TellMeWhat).
The Client is clearly informed that these GTCS frame the sale of TMW CONCIERGE SERVICES offered by Valérie-Anne, it being specified that the realization of products and/or services ordered by the Client which do not fall directly within the scope of Valérie-Anne’s competence may be carried out by Companies with which the Client will be put in contact, these Companies being previously selected by Valérie-Anne for their skills and reliability.
3. GENERAL CONDITIONS
The client must read these GTCS carefully before placing an order.
Any order placed implies mandatory unconditional acceptance of these GTCS.
The client commits to reading the GTCS with each new order, the latest version of said Conditions applying to any new order.
However, it is specified that changes made to the GTCS for TMW CONCIERGE SERVICES will not apply to services already ordered.
4. TMW CONCIERGE SERVICES – SCOPE
TMW CONCIERGE SERVICES enable any Client to benefit from research, advice, help, or assistance services:
- To obtain information, an address, a contact, this list being non-exhaustive
- To order and/or reserve Services through its intermediary
- To mandate Valérie-Anne to carry out a mission that may require travel in France or abroad, such as monitoring the installation of an internet box at the client’s home, retrieving a key, welcoming a delivery person at the client’s home, this list being non-exhaustive.
Valérie-Anne undertakes:
- To present as clearly as possible the main characteristics of the Services that fall within the scope of TMW CONCIERGE SERVICES in strict compliance with applicable legislation
- To respond to a Client’s request within a maximum of 24 hours and to process their request as quickly as possible depending on the nature of the same.
5. TMW CONCIERGE SERVICES – FORMULAS & PRICING
To benefit from TMW CONCIERGE SERVICES, the Client must have purchased one of the 3 commercial formulas available from Valérie-Anne:
TMW Trial: 5 hours for 500 euros excluding tax (additional VAT of 20% to be added based on the client’s country of residence or company’s registered office); valid for 1 month. The TMW Trial may only be purchased once by the same client.
TMW Individual: 15 hours for 1,250 euros excluding tax (additional VAT of 20% to be added according to the client’s country of residence); valid for 12 months.
TMW Business: 15 hours for 1,500 euros excluding tax (additional VAT of 20% to be added according to the address of the company’s registered office); valid for 12 months.
Any potential travel expenses are to be reimbursed to Valérie-Anne by the client upon presentation of an invoice.
6. TMW CONCIERGE SERVICES – TIME SPENT ACCOUNTING
The services offered as part of the TMW Concierge Services are valued based on the time spent by Valérie-Anne in fulfilling the client’s request.
Standard rate for time spent on requests without travel: 1/2 hour, plus any potential cost of the third-party company to be paid by the client.
Non-exhaustive examples include arranging for a plumber, a cleaner, a babysitter, a vegan caterer, a yoga instructor at home, an educational guidance coach, etc…
Rate for time spent on requests requiring travel: A minimum of 1 hour, plus the time spent on-site and any potential travel expenses.
Non-exhaustive examples include attending a homeowners’ association meeting, receiving a delivery, welcoming a tenant, etc…
Rate for time spent on special requests: 4 to 8 hours, plus any potential cost of the third-party company to be paid by the client and any potential travel expenses.
Non-exhaustive examples include preparing an apartment for the client’s return from vacation, organizing an impromptu dinner party, suggesting a selection of hotels for the client’s next vacation, etc…
A detailed breakdown of the time spent by Valérie-Anne can be provided to the client upon request. 6. TMW CONCIERGE SERVICES – ORDERING & PAYMENT
Each package can be ordered via phone, the WhatsApp application, or email and paid for by bank transfer to Valérie-Anne’s business account. Each Order will result in an invoice being sent to the client.
The TMW Concierge Services become effective from the date of actual payment of the ordered package. Valérie-Anne will acknowledge receipt of the payment to the client.
Services, bookings, and products ordered through Valérie-Anne on behalf of the client are to be paid directly by the client.
Services, bookings, and products paid for by Valérie-Anne at the client’s request must be reimbursed to Valérie-Anne immediately via bank transfer upon presentation of an invoice.
7. RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the client has a period of fourteen (14) clear days to exercise their right of withdrawal with Valérie-Anne, starting from the day after the client receives confirmation of the effectiveness of their package.
If the fourteen (14) day cancellation period expires on a Saturday, Sunday, public holiday, or non-working day, it is extended to the following working day. The exercise of the right to cancel does not need to be justified and will not incur any fees. This cancellation will result in a refund of the package already paid for by the Client.
8. TMW CONCIERGE SERVICES – LIABILITY
Valérie-Anne is fully responsible to the Client for the proper fulfilment of the obligations arising from these Terms and Conditions. Owing to the nature of her business, Valérie-Anne is bound by a duty of care rather than a duty of result.
Valérie-Anne will endeavour to select the finest Companies for her Clients. However, acting as an intermediary, Valérie-Anne is committed to a duty of care and cannot be held liable for any compensation, regardless of the reason, relating to products or services ordered on behalf of her Clients. Consequently, any claim for compensation or other requests related to the product or service ordered through Valérie-Anne should be directed to the concerned Company, which will consider its validity and take on the responsibility. Nevertheless, Valérie-Anne will provide assistance and support to the Client in their interactions with the Company.
Valérie-Anne shall not be held liable for any failure to fulfil her contractual obligations in the event of force majeure.
9. TMW CONCIERGE SERVICES – PERSONAL DATA
In the course of providing TMW Concierge Services, Valérie-Anne may collect personal data necessary for processing client requests. These data will be processed in accordance with the purposes set out at the time of collection.
Therefore, clients are informed that their personal data, which are necessary for the performance of their service and/or delivery of products, will be disclosed to the concerned Companies.
Valérie-Anne commits to absolute confidentiality regarding all facts and information she may become aware of while fulfilling client requests.
It is reminded that clients whose personal data are processed have the right to access, rectify, update, port, and delete their information, in accordance with the provisions of articles 39 and 40 of the amended French Data Protection Act, and provisions of articles 15, 16, and 17 of the European General Data Protection Regulation (GDPR).
In line with the provisions of article 38 of the amended French Data Protection Act and the provisions of article 21 of the GDPR, clients may also, for legitimate reasons, oppose the processing of their data without any motive and without charge.
Clients may exercise these rights by sending an email to va@valerie-anne.fr or by mailing to Valérie-Anne SARL, 18 rue du Cherche-Midi, 75006 Paris, with proof of their identity.
Clients also have the right to lodge a complaint with the CNIL (French Data Protection Authority).
10. TMW CONCIERGE SERVICES – JURISDICTION AND APPLICABLE LAW
The contractual relationship between Valérie-Anne and the Client is exclusively governed by French law.
In case of a dispute, the Client and Valérie-Anne will strive in good faith to reach an amicable resolution. If no amicable solution can be found, any dispute regarding the validity, interpretation or execution of these General Terms and Conditions of Sale shall be referred to the French courts, which will have exclusive jurisdiction.