In accordance with the right to freedom of contract, according to the agreement of the parties and within the framework of the applicable law, you have the following conditions:
NATURE - DURATION AND REVOCATION OF THE MANDATE
By way of derogation from article 2004 of the Civil Code, the Research mandate is granted and accepted WITH exclusive or simple for a FIRM AND IRREVOCABLE DURATION OF (maximum 3 months) months from the date of signature, i.e. until the "Date agreed" included, except in the case of purchase of a Property corresponding to the characteristics sought, by the Principal, before the end of the term.
If the mandate is tacitly renewable
At the end of this initial period, unless revoked as provided below, the Mandate will be renewed by tacit agreement, for a period of 9 months, without the total duration of the Mandate being able to exceed a total of twelve months from the original date. Consequently, at the latest on the "Agreed Date" included, the Mandate will end automatically, without any formality.
At the end of the initial period, each of the Parties may terminate the Mandate at any time, provided that it notifies the other Party by registered letter with acknowledgment of receipt sent at least FIFTEEN DAYS in advance, as well as as provided for in the 2nd paragraph of article 78 of decree n°72-678 of July 20, 1972 reproduced in accordance with article 7, 2° of law n°70-9 of January 2, 1970 and modified by decree n °2015-724 of June 24, 2015: "After a period of three months from its signature, the mandate containing such a clause may be denounced at any time by each of the parties, subject to the party intending to terminate it. notify the other party at least fifteen days in advance by registered letter with acknowledgment of receipt".
Pursuant to Article L 215-1 of the Consumer Code, the Agent will inform the Principal in writing, by registered letter or dedicated email, at the earliest three months and at the latest one month before the end of the initial period hereof, of the possibility of not renewing the Mandate. Failing this, the Mandate will be automatically terminated on the arrival of its initial term, ie the "Agreed date". Failing this, the Mandator may terminate at any time from the date of renewal.
If the mandate is not renewable
The Mandate is not likely to be automatically renewed at the end of its term.
The Parties will therefore be free of any commitment to each other from "D+1 of the date of the end of the Mandate" without any action whatsoever being necessary.
Notification by any writing delivered by hand to the Principal against receipt or signature by registered letter with acknowledgment of receipt of the acquisition of the Property sought by the Agent, as specified below, will terminate the Mandate upon presentation of the letter.
FACULTY OF WAIVER OF MANDATE
The Mandator has the option of renouncing the Mandate within fourteen days from the date of signature hereof.
If the Mandator intends to use this option, he may use the detachable form at the end of the act or make any other unambiguous declaration, expressing his desire to withdraw and send it either by registered mail with request for advice of receipt, either by fax or by e-mail to the appointed Representative, within fourteen days, which begins to run on the day of the signing of these presents, it being specified that the day of this starting point is not counted, the counting of this period begins the next day at midnight and expires on the 14th day at midnight.
The exercise of the right of withdrawal by the Mandator will not give rise to any compensation or costs at his expense.
The services to be performed by the Agent, within the framework of the present, and in particular the dissemination of announcements relating to the offer for sale of the Goods, will not begin until the expiry of this withdrawal period.
An information notice on this right of withdrawal is attached hereto and referred to by the Parties.
If the Client agrees to have the start of performance of the Mandate delayed
The Mandator expressly accepts that the start of performance hereof be delayed until the day after the expiry date of the withdrawal period.
If the Mandator requests that the performance of the Mandate begin before the expiry of the withdrawal period
However, the Principal expressly requests that the Agent begin the execution of this Mandate without waiting for the expiry of the withdrawal period. This request for immediate execution of the Mandate does not in any way deprive him of his right of revocation during the period.
If Absence of right to waive the Mandate
The Mandator having voluntarily requested the Agent with a view to entrusting him with the mission described, the Mandate is outside the scope of the provisions of Article L 221-18 of the Consumer Code concerning door-to-door sales and the right to waive , which the Mandator expressly acknowledges.
Last updated on 6/02/2022