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Terms of sale

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These General Terms of Sale (hereinafter "GTS") govern the contractual relationship between HECKER & FRERES ENERGIE (Hecker & Frères Énergie (HFE)), Société à responsabilité limitée (SARL) with share capital of , registered with the trade register of RCS Lille Métropole 902 806 785, whose registered office is at 44 Rue Jean sans peur, 59800 Lille, France (hereinafter "the Service Provider" or "Hecker & Frères Énergie (HFE)"), and any natural or legal person using its services (hereinafter "the Customer").

Article 1 - Purpose

These GTS define the conditions under which Hecker & Frères Énergie (HFE) provides its services:

  • Design, installation, commissioning, maintenance and repair of heat pumps (air-to-water, air-to-air, geothermal, thermodynamic water heaters)
  • Design, installation, commissioning, maintenance and repair of reversible air-conditioning systems (mono-split, multi-split, ducted, cassette)
  • Installation, replacement and maintenance of boilers (gas, oil, hybrid, condensing)
  • Plumbing and sanitary works
  • Preparation of energy renovation grant applications (MaPrimeRénov', CEE)

Any order implies the Customer's unreserved acceptance of these GTS.

Article 2 - Quotes

Every quote is prepared free of charge, in writing (paper or email), following a technical visit to the Customer's home or premises. The quote specifies:

  • The precise nature of the services and equipment proposed (brand, model, output)
  • Prices excluding and including tax, distinguishing supply and installation
  • The applicable VAT rate (5.5%, 10% or 20% as applicable)
  • An estimate of available financial grants (MaPrimeRénov', CEE)
  • Terms and deadlines for the work
  • The validity period of the quote

Unless otherwise stated, the quote is valid for 30 days from its date of issue. Beyond that, Hecker & Frères Énergie (HFE) reserves the right to revise its prices.

Article 3 - Formation of the contract

The contract is formed on the date Hecker & Frères Énergie (HFE) receives the quote:

  • Dated and signed by the Customer with the handwritten words "Approved for agreement"
  • Accompanied by payment of the deposit provided for (see Article 6)

The signed quote constitutes the contract binding the parties. No amendment may be made without the written agreement of both parties.

Article 4 - Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, consumer Customers benefit from a 14-day withdrawal period from the date of signature of the contract, where the contract is concluded away from business premises (at the Customer's home or at a distance).

To exercise this right, the Customer may use the withdrawal form attached to the quote or notify their decision unambiguously to contact@hfe-energie.fr, by post to 44 Rue Jean sans peur, 59800 Lille, France, or by any other written means.

Waiver of the right of withdrawal

In accordance with Article L.221-25 of the French Consumer Code, the Customer may expressly waive their right of withdrawal in cases of urgency (breakdown requiring rapid intervention, winter shutdown, etc.). This waiver must be handwritten, dated and signed by the Customer.

Withdrawal form template

To the attention of HECKER & FRERES ENERGIE, 44 Rue Jean sans peur, 59800 Lille, France, email: contact@hfe-energie.fr

I hereby notify you of my withdrawal from the contract for the following service: [identification of the service]

Ordered on: [date]
Consumer's name: [first and last name]
Consumer's address: [address]

Consumer's signature (paper notification only):
Date:

Article 5 - Prices

Prices are expressed in euros, excluding tax (HT) and all taxes included (TTC). VAT applicable is that in force on the invoice date. The applicable rates are:

  • 5.5% on energy efficiency improvement works in dwellings over 2 years old (heat pump, thermodynamic water heater, etc.)
  • 10% on maintenance, repair and compliance works in dwellings over 2 years old
  • 20% on other services (new dwellings, commercial premises, etc.)

The Customer undertakes to provide on honour the information required for application of the reduced rate (completion date of the dwelling, residential use, etc.). In the event of challenge by the tax authorities, the VAT differential shall be payable by the Customer.

Prices include supply of equipment, labour, travel to the site and commissioning. Unless otherwise stated, the following are not included: structural works, electrical connections to the distribution board, removal of specific rubble, structural reinforcement.

Article 6 - Payment terms

Unless otherwise agreed, payment is made according to the following schedule:

  • 30% on order, as a deposit
  • 40% when work commences
  • 30% on acceptance of works, within 8 days of the invoice

Accepted means of payment: bank transfer, cheque, cash (within the legal limit of €1,000 for individual customers who are French tax residents), bank card.

In the event of late payment, late payment penalties shall apply automatically at the legal rate plus 3 points (and at least 3 times the legal interest rate for professionals), from the day after the due date, without reminder being necessary. For professionals, a fixed recovery indemnity of €40 shall also be due (Article D.441-5 of the French Commercial Code).

Article 7 - Intervention deadlines

Intervention deadlines are given for guidance in the quote. Hecker & Frères Énergie (HFE) undertakes to meet these deadlines where possible. Any delay shall not engage the Service Provider's liability in the event of force majeure, unavailability of the Customer, modification of the project during the works or delay in supply from suppliers.

Article 8 - Customer obligations

The Customer undertakes to:

  • Allow free access to the premises on the agreed day
  • Provide the electricity and water necessary for execution of the works
  • Protect their property and furniture in the work area
  • Provide all information useful for the intervention (plans, electrical diagrams, etc.)
  • Pay amounts due on the agreed dates

Article 9 - Acceptance of works

On completion of the works, an acceptance report is drawn up jointly between the Customer and Hecker & Frères Énergie (HFE). It records any reservations raised by the Customer. Hecker & Frères Énergie (HFE) then has a reasonable period to remedy them.

In the absence of formal objection by the Customer within 8 days of completion of the works, acceptance is deemed tacit.

Article 10 - Guarantees

10.1 Perfect completion guarantee (1 year)

In accordance with Article 1792-6 of the French Civil Code, Hecker & Frères Énergie (HFE) guarantees, for one (1) year from acceptance of the works, repair of all defects reported by the Customer.

10.2 Good operation / two-year guarantee (2 years)

In accordance with Article 1792-3 of the French Civil Code, Hecker & Frères Énergie (HFE) guarantees for two (2) years the proper operation of separable equipment elements (pumps, burners, thermostats, etc.).

10.3 Ten-year guarantee (10 years)

In accordance with Articles 1792 and 2270 of the French Civil Code, Hecker & Frères Énergie (HFE) holds ten-year liability insurance covering for ten (10) years all damage compromising the solidity of the structure or rendering it unfit for its intended purpose.

Insurer: Compagnie d'assurance professionnelle - Coverage: France métropolitaine.

10.4 Manufacturer's guarantee

Installed equipment benefits from the manufacturer's guarantee, the duration and terms of which are specified in the notice supplied with the equipment. This guarantee is generally 2 to 5 years, extendable according to the manufacturer's conditions (Panasonic®, Daikin®, Mitsubishi®, Atlantic®, etc.).

Article 11 - After-sales service

Hecker & Frères Énergie (HFE) offers annual maintenance contracts in accordance with French Decree No. 2020-912 of 28 July 2020 on maintenance of thermodynamic systems. Annual maintenance is mandatory for heat pumps with an output between 4 and 70 kW, and every 2 years for other equipment.

For any breakdown or malfunction, you may contact us:

Article 12 - Financial grants (MaPrimeRénov', CEE)

For eligible services, Hecker & Frères Énergie (HFE) may assist the Customer in preparing grant applications (MaPrimeRénov', Energy Savings Certificates, zero-interest eco-loan). The Customer nevertheless remains solely responsible for the accuracy of the information provided to the bodies (tax income, household composition, etc.) and for the validity of their application.

Hecker & Frères Énergie (HFE) cannot guarantee grant approval: allocation is solely at the discretion of the competent bodies (ANAH, CEE obligated partners) according to their criteria in force on the date of submission.

Article 13 - Force majeure

Neither party may be held liable for failure to perform its contractual obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code (natural disasters, industrial disputes, wars, epidemics, shortages, etc.).

Article 14 - Complaints & consumer mediation

Any complaint must be sent in writing to Hecker & Frères Énergie (HFE):

  • By email: contact@hfe-energie.fr
  • By registered post with acknowledgement of receipt to: 44 Rue Jean sans peur, 59800 Lille, France

In the event of a persistent dispute after an attempt at amicable settlement, consumer Customers may use consumer mediation free of charge:

European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

Article 15 - Governing law & competent jurisdiction

These GTS are subject to French law. In the event of a dispute not resolved amicably or through mediation, the competent court shall be that of the registered office of HECKER & FRERES ENERGIE (Lille Métropole Commercial Court), subject to mandatory public policy provisions applicable to consumers.

Article 16 - Personal data

Data collected under this contract is processed in accordance with the GDPR. For more information, please see our Privacy policy.