It's already happened to all of us: we slam the door and then we realize that we have forgotten the keys inside.
Therefore, only one logical solution is required: call a locksmith.
The urgency of the situation
Of course, and according to the law of Murphy well known, the person who locks himself away from home is always in a hurry:
- he is accompanied by his children who cry;
- it's getting late ;
- an infant is inside alone;
Therefore, this urgency can limit the ability of this person to think calmly and make the right choices: this is the risk.
Since 1986, price fixing has been free (with some exceptions L113-1 Consumer Code): from then on, the called professional can choose the price of his service.
In order to protect the consumer in panic, a detailed estimate is mandatory beyond 150 € TTC (except in cases of absolute urgency, ie if it is necessary to stop a danger for the safety of people or the integrity of local) (Order of 2 March 1990, Article 3).
Content of the quote
This quote must include (Order of 2 March 1990, Article 3):
- the date of writing;
- the name and address of the business;
- the name of the client and the place of execution of the transaction;
- the detailed breakdown, in quantity and price, of each service and product required for the planned operation: name, unit price and designation of the unit to which it applies (in particular the hourly rate of labor, the linear meter or the square meter) and the planned quantity;
- travel expenses, if applicable;
- the total amount to pay excluding taxes and all taxes, specifying the rate of VAT;
- the period of validity of the offer;
- the indication of the paying or free nature of the estimate.
The estimate, like any estimate, must be submitted before the execution of the work.
In order to prevent some people from submitting quotes by passing them off as an invoice at the end of the intervention, the legislator wished the client to add by hand the words " Estimate received before the execution of the works »(Order of 2 March 1990, Article 3).
Nevertheless, pay attention: some craftsmen require the signature of the estimate at the end with the addition of the handwritten mention above. In this situation, refuse firmly!
In order to keep proof of the submission of this estimate, it is made in two copies (Order of 2 March 1990, Article 3), one being given to the customer.
The locksmith must also give you an invoice at the end of the service (Order of 2 March 1990, Article 5 together Order No 83-50 / A of 3 October 1983 together Order of July 15, 2010) if the price exceeds 25 € TTC (so to say almost all the time) ...
Return of changed parts
The locksmith must leave the changed parts (typically the barrel he has just pierced, Order of 2 March 1990, Article 5).
If you refuse to keep the coins, the locksmith must give you a discharge.
Penalty for non-compliance
The professional is liable to a criminal fine of 1500€ in the event of a breach of the rules set out above (€ 3,000 in case of recidivism, by application of R113-1 of the code of consumption together Annex to Article R113-1 of the Consumer Code, 1 paragraph, together Order No 83-50 / A of 3 October 1983 together Order of 2 March 1990 together 131-13 of the Penal Code).
Moreover, if a service has been performed when it is not included in the quote, and if the consumer refuses to pay, the professional will have all the difficulties in the world to prove that the consumer had given his consent (1315 of the Civil Code).
On the other hand, if the consumer has already paid, the absence of an estimate (or any other failure) does not constitute a reason for reimbursement.
Abuse of weakness
If the professional abuses the emergency situation (ie having made it impossible for the consumer to consult one or more qualified professionals) to practice prohibitive tariffs (L122-9 of the Consumer Code, 5 ° together L122-6 of the Consumer Code), the court may retain the abuse of weakness.
Of course, if the consumer is disabled, a senior, etc. the court will be easily inclined to acknowledge such abuse.
The sanction can go up to 5 years of prison and 9000€ fine (L122-6 of the Consumer Code) and a refund may be requested.