General terms and conditions of sale
(Terms and conditions of the debt collection mandate)
- The present general conditions of sale govern the relationship between the CLIENT (also called “the PRINCIPAL” or “the CREDITOR”) and GESTION CREDIT EXPERT (also called “the PRINCIPAL” or “GCE-FRANCE CREANCES”) and are in accordance with articles 1984 to 2010 of the French Civil Code and articles R124-1 to R124-7 of the French Code of Civil Enforcement Procedures.
- GESTION CREDIT EXPERT is a limited liability company with a capital of 100.000 euros, whose head office is located at 9-11 avenue de la Garonnette in Toulouse (31000); registered under the number RCS 302 592 431 (TOULOUSE); its manager is Mr. Christophe NOBILET.
- GESTION CREDIT EXPERT operates under four registered trademarks, FRANCE CREANCES (debt collection), INFORCREDIT (civil and commercial investigations), BFR EXPERTS (consulting and training in operational credit management), CASH SPRINT (collection of unpaid debts by means of “one-two punch” operations); and has been awarded the ISO9001 quality certification by AFNOR since 1999.
- GESTION CREDIT EXPERT has a bank account specially dedicated to the reception of third party funds and benefits from a Professional Civil Liability guarantee subscribed with MMA Assurances (contract n°127 558 265).
- To carry out its private research activity (civil investigations) GESTION CREDIT EXPERT has the CNAPS authorization number 031-2114-10-05-20150365236.
- It can be derogated from the present general conditions as described below by a written agreement exchanged between GCE-FRANCE CREANCES and the CLIENT. Any special terms and conditions are always based on the general terms and conditions.
- The CUSTOMER declares to have taken knowledge of the present general conditions of sale, to accept them without reserve and to give a mandate to GCE-FRANCE CREANCES to collect his debts on his behalf, against his debtors.
Article 1 – Obligations of GCE-FRANCE CREANCES
- Initiate within 30 days a collection procedure and provide promptly, if possible, collection or diagnostic results to the CLIENT.
- To collect by amicable means, in its capacity as AUTHORIZER, the file entrusted to it as soon as it receives the duly validated mandate and the remittance form filled in by the CLIENT, whatever the medium used, physical or electronic, and all the documents justifying the basis and the amount of the debt.
- Pursue the debtor through legal proceedings if necessary and possible.
- To provide the CLIENT with a secured access to the “CLIENT space”, an extranet accessible via the GCE-FRANCE CREANCES site to enable him to obtain on-line information relating to the follow-up of the file, as well as its payment by the debtor, even partial.
- To claim the amount of the sums due in principal and accessories according to the legal and contractual conditions agreed between the CREANCIER and its debtor.
- To transfer the amount of the sums collected during the month M, at 30 days end of month, at the latest on the 10th of the month M+1, after deduction of its success fees or of any sum due by the CLIENT (compensation). Payments are made by bank transfer, free of charge; payments by check (or letter-check) are charged at 15€ VAT excluded.
- Keep the documents of the settled or closed files for 12 months and destroy them at the end of this period.
- To carry out all particular services, annexed to the collection, after the written agreement of the CUSTOMER who will have been informed beforehand of the cost of the service.
- To allow the CLIENT to benefit from its specialized network of bailiffs, lawyers and correspondents, in France and/or abroad.
- To assign to the CUSTOMER a dedicated interlocutor, responsible for the treatment and the follow-up of all the files entrusted by the CUSTOMER, and this, in all transparency.To guarantee the confidentiality of the information and the protection of the personal data in the respect of the obligations decreed by the CNIL and the RGPD.
- Respect the professional rules of ethics and deontology of the National Union of Collection and Commercial Information Agencies, ANCR.
Article 2 – Obligations of the customer
- To confirm that he has checked that the debts transmitted to GCE-FRANCE CREANCES are indeed certain, liquid and due, and this, before entrusting them to him for collection within the framework of the present mandate.
- To confirm that he himself had to initiate reminders to his debtors, all of which were unsuccessful due to their bad faith, and that his steps have already caused damage of various kinds, independent of the delay in payment alone (time spent on reminding unpaid debtors; additional financing required; delay in investments and development projects, etc.).
- Mandate GCE-FRANCE CREANCES, on a special and exclusive basis, for the recovery of certain, liquid and due debts for which it is able to provide the identity and the exact address of the debtor, as well as all the justifications specifying the basis and the amount of the sums due (contract, purchase order, delivery order, invoice…). The term of this mandate is the total or partial payment of the debt, or its closure by GCE-FRANCE CREANCES because of irrecoverability in the current state.
- To authorize GCE-FRANCE CREANCES to pursue the debtor by legal means each time the analysis of the documents in the file and the solvency of the debtor allow it.
- Notify GCE-FRANCE CREANCES in writing (mail, e-mail or via the customer area) and within 48 hours of any settlement agreement or any payment received directly from the debtor, or of any arrangement made with him.
- Subrogate GCE-FRANCE CREANCES in the rights and actions that it could exercise because of the law, of contractual provisions agreed with the debtor or of the bad faith of the latter, to obtain indemnities intended to compensate for the prejudices of any nature undergone because of the unpaid amount. These prejudices suffered by the CREANCIER are diverse, whether the debtor is a private individual (civil debtor) or a professional (commercial debtor), for example: loss of profit, loss of opportunity for normal continuity of operation, lack of remuneration of cash flow, lack of investment… (note: according to the study of the ABERGEL firm for the SAR, the first French union of the actors of the recovery, the cost of these prejudices amounts to several tens, even to several hundreds of euros by unpaid invoice, whatever its main amount).
- To authorize GCE-FRANCE CREANCES under this subrogation to claim from the debtor, when possible, amicable damages which would be due to the CREANCIER because of the bad faith of the debtor, up to a maximum of 10 to 30% of the principal amount of each debt entrusted to it, and to keep them as a supplement to the fees if they are paid.
- To authorize also GCE-FRANCE CREANCES to claim from the debtor, according to the cases, the interests of delay, the penalty clause, the fixed indemnity of 40€ (in the case of commercial debts), as well as an additional indemnity (article L.441-10 of the commercial code), or a compensation under the article 700 (code of civil procedure) and to pay them back to the CUSTOMER after application of the agreed fees, if they are paid
- To pay fees to the success, that the collection is amicable or judicial, on all the sums paid by the debtor, to his order or to that of GCE-FRANCE CREANCES, and this after the handing-over of the file, whatever the diligences which will have been carried out. These fees are applied to the total amount of money collected, including VAT. The same fees shall apply in case of return of goods, credit note(s) or any other arrangement agreed between the CUSTOMER and his debtor, of error attributable to the CUSTOMER, or if the debt does not finally prove to be certain, liquid or due, or if the CUSTOMER remains silent to the requests for documents or instructions from GCE-FRANCE CREANCES. In the same way, in case of written dispute of the debt by the debtor, which would have taken place before the handing over of the file by the CUSTOMER, and of which the information would not have been communicated to GCE-FRANCE CREANCES, GCE-FRANCE CREANCES will then close the file and the CUSTOMER will pay the fees according to the general tariff increased by 3 points on the totality of the file, even if there has been a partial collection or if there has been no collection.
- To pay for any particular service which he has requested or accepted to perform, and in particular the consultation of commercial information databases, the management of staggered payment plans, the search for debtors who have left without leaving an address, the drafting and filing of petitions or summonses, the constitution of procedural files, the follow-up of the execution, the placing under surveillance, the declaration of debts, the follow-up of collective or over-indebtedness proceedings and translations.
- Pay the fees related to the termination of the collection mandate by registered letter with acknowledgement of receipt, i.e. 80% of the general success fee after amicable intervention, 90% of the general success fee after summons, filing of a petition or amicable payment agreement of the debtor, in addition to the procedural costs incurred.
- To authorize GCE-FRANCE CREANCES to quote it in references and to use its logo on its website and its commercial supports.
Article 3 – General Tariff – Coverage and Success Fees
3.1. Taking charge
- A file corresponds to one or more debts owed by the same debtor (one or more invoices). The expenses of taking charge correspond to an analysis of the entrusted file, carried out by GCE-FRANCE CREANCES before the collection itself.
- This analysis is necessary to understand the specifics of the case, confirm the basis of the debtor’s solvency, and then decide on the best strategy for debt collection.
- The fees for taking charge of the file are definitely due by the CLIENT and payable in advance, upon delivery of the file, according to the following scale:
- 20€ HT per file, for files to be recovered in France and whose principal amount is less than or equal to 500€.
- 50€ excl. tax per file, for files to be recovered in France whose principal amount is between 500,01€ and 5.000€.
- 150€ excl. tax per file, for files to be recovered in France and whose principal amount is between 5.000,01€ and 10.000€.
- 250€ excl. tax per file, for files to be recovered in France and whose principal amount is between 10.000,01€ and 40.000€.
- 500€ VAT excluded for files to be recovered in France and for a principal amount of 40.000,01€ or more.
- For debt collection against debtors based outside France:
- The above fees are increased by 50%.
- According to the countries, particular provisions can be necessary and generate additional expenses (translation of documents…etc.); these expenses are chargeable to the CUSTOMER who gives his prior agreement to the estimate established by GCE-FRANCE CREANCES.
- For clients who submit 100 or more files per year, it is possible to set up an annual subscription covering the handling of all the files entrusted over each calendar year. The terms of this subscription are studied by GCE-FRANCE CREANCES on a case by case basis. The subscription is payable in advance and definitively acquired by GCE-FRANCE CREANCES whatever the number of files effectively entrusted in the calendar year concerned.
3.2. Success fees
- For amicable debt collection against debtors based in France, success fees are applied to each tranche of effective collections per debt entrusted, cumulatively and according to the following scale
- 5% before tax on amounts collected from 40.000,01€.
- 12% before tax on amounts collected between 10.000,01€ and 40.000€.
- 15% before tax on amounts collected between 5,000.01€ and 10,000€.
- 20% before tax on amounts collected between 500,01€ and 5.000€.
- 25% HT on the amounts collected up to 500€.
- Any remittance of a large number of claims, or of very large amounts, may be subject to a specific pricing study, studied on request, prior to the services.
- For amicable collection against debtors based outside France:
- The CUSTOMER benefits from the international network of correspondents and foreign judicial auxiliaries of GCE-FRANCE CREANCES, as well as from special rates negotiated with them,
- The above fee schedule applies, the percentages indicated are increased by 10 points in particular to allow for the remuneration of foreign correspondents,
- According to the countries, particular provisions can be necessary and generate additional expenses (translation of documents…); these expenses are chargeable to the CUSTOMER who gives his prior agreement to the estimate established by GCE-FRANCE CREANCES.
- For legal collection against debtors based in France, as well as outside France:
- The costs of proceedings are added to the fees according to the success of the above scales (France or international); they are payable by the CUSTOMER who gives his prior agreement to the estimate established by GCE-FRANCE CREANCES; either it is a lump sum, it is then invoiced and payable in advance, or it is a provision on the costs of proceedings to be engaged, this provision is then to be paid in advance, the final invoice is established at the closing of the file, net of the provisions already paid,
- The CUSTOMER benefits from the efficient management of all the procedures by GCE-FRANCE CREANCES, from its network of judicial auxiliaries (lawyers, bailiffs) and from the special rates obtained from them; GCE-FRANCE CREANCES increases these fees by 20% (excl. tax) in remuneration of the added value of this management work.
- Please note: our fee simulator is available upon request.
Article 4 – Certificates of Non-Collection
- Certificates of uncollectibility (or certificates of noncollection) issued on files that have not generated any collections will be billed according to the following schedule:
- 30€ HT for each file whose principal amount is lower or equal to 5.000€.
- 150€ HT for each file whose principal amount is between 5.000,01€ and 10.000€.
- 200€ HT for each file whose main amount is strictly superior to 10.000€.
Article 5 – Return of parts
- During the 12-month retention period, the CLIENT may request the return of the transmitted documents at any time.
- Unfiling and shipping costs are charged at 35€ excl. tax per file.
Article 6 – Special requests
- If during its collaboration with GCE-FRANCE CREANCES, the CUSTOMER asks for special services which require that GCE-FRANCE CREANCES takes particular measures and/or deploys additional means (tools, processes, organization, team), these services will then possibly be set up by GCE-FRANCE CREANCES after the acceptance by the CUSTOMER of the corresponding estimate
Article 7 – Personal data and right of opposition
- The information collected at the time of the preparation and/or execution of the present mandate are collected and recorded by GCE-FRANCE CREANCES for the purposes of the realization of the service, commercial or accounting management or possible complaints as well as for the purposes of communication of information, news or special offers proposed by GCE-FRANCE CREANCES.
- Only the data strictly necessary for these purposes are kept.
- In accordance with Law 78-17 of January 06, 1978 amended by Law 2014-344 of June 17, 2014, known as “data processing and freedoms”, and European Regulation 2016/679 of April 27, 2016 on the protection of personal data (RGPD), the CUSTOMER has a right to access, rectify and delete his data.
- The CUSTOMER may also object, for a legitimate reason, to the use of his data.
- If the CLIENT wishes to exercise his rights, he may send an e-mail or a letter to the following addresses: email@example.com or to GESTION CREDIT EXPERT, 9-11 Avenue de la Garonnette 31068 TOULOUSE CEDEX, specifying in the subject line “Personal Rights” and attaching a copy of his proof of identity.
- GCE-FRANCE CREANCES will archive, anonymize and destroy the collected data to satisfy its own legal obligations.
Article 8 – Attribution of jurisdiction, penalty clause, interest on arrears, fixed compensation
- The CUSTOMER grants competence to the Commercial Court of Toulouse where the head office of GCE-FRANCE CREANCES is located.
- In case of non-payment on the due date of the issued invoices, GCE-FRANCE CREANCES will increase the amount of 15% as a penalty clause, not including the interests of delay which will be deducted at the rate of 1% per month of delay and the fixed allowance of 40€ per invoice.
Article 9 – Validation of this mandate (contract)
- The CLIENT has two options to validate (sign) this mandate (contract):
- Either by checking the box ” I have read and accept the General Terms and Conditions of Sale” directly online on its website www.gestioncreditexpert.com when handing over his files for collection to GCE-FRANCE CREANCES on the EXCEL file (handing over of 5 unpaid items and more) or the form (handing over of less than 5 unpaid items) provided for this purpose,
- Or by returning the present document to GCE-FRANCE CREANCES, by email or by mail; the legal representative of the CLIENT will then have to date the present mandate, initial each page, sign it on the last page and affix his commercial stamp.
- The debt collection process can be initiated if and only if this mandate (contract) is validated by one of these two means.
Article 10 – Special conditions
- At the request of the CUSTOMER, it can be considered to set up special conditions, and in this case :
- Either a specific contract is established,
- Either the present GCS are supplemented by an appendix specifying the said conditions; this appendix can then take the form of a formal rider or that of a simple agreement exchanged by e-mails between the CLIENT and GCE-FRANCE CREANCES.
- In any case, the present GTC shall remain applicable, in particular in case of doubt or conflict between the CLIENT and GCE-FRANCE CREANCES, as to the interpretation of the contract or its application.