General Terms and Conditions of Services
The company Open Up operates a real estate, concierge and home staging business (hereinafter referred to as the "Services") for private customers (hereinafter referred to as "Private Customers") and professional investors (hereinafter referred to as "Business Customers") who are French or foreign property owners or managers. The Customer hereby acknowledges and accepts that in the course of providing the Services, the Company may use the services of external service providers (hereinafter referred to as "Third-party Providers").
Business Customers and Private Customers are hereinafter individually or collectively referred to as the "Customer" or "Customers". The Company and the Customer are hereinafter individually or collectively referred to as a "Party" or "Parties".
The purpose of these General Terms and Conditions (hereinafter referred to as the "General Conditions") is to define the terms and conditions for the provision of the Services to the Customer, as well as to define the rights and obligations of the Parties within this framework. They express the entire agreement made between the Parties.
2. Operator of the Services
The Services are operated by the company Open Up, a limited liability company capital 150 000 euros, registered under number 337 871 636 with the Registry of Trade and Companies of Paris, and whose head office is located at 48 rue Michel-Ange, 75016 Paris, France - Professional building and business transaction card without holding funds n°: CPI 7501 2021 000 000 095 delivered by CCI of Paris - The interested party must not receive or hold any other funds, bills or securities than those representing his remunération or his fees. Real estate insurance : APRIL Entreprise Est , résidence Matisse, 200 av de Colmar 67100 Strasbourg and Luxury concierge services Insurance : GENERALI (hereinafter referred to as the "Company").
The Company can be contacted through any of the following channels:
Telephone: +33 (0)6 7150 1845
Email Address: firstname.lastname@example.org
3. Acceptance of the General Conditions
The Customer declares, by signing the quote drawn up for them by the Company detailing the Services being subscribed to (hereinafter referred to as the "Quote"), that they have read and expressly accept these General Conditions.
This acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any conditional acceptance will be considered as null and void. Customers who do not accept to be bound by these General Conditions must not use the Services.
4. Ordering Services
4.1 General Guidelines
The Services described below are provided to the Customer:
(i) In the form of subscription packs (hereinafter referred to as "Packs"), a list of each and their specific characteristics are specified on the Platform. The Company provides several Packs depending on:
- The status of the Customer, that being Private or Business. The Customer acknowledges and accepts that they can only subscribe to Packs that correspond to their aforementioned status.
- The Services and/or the level of Services to which they have access in each Pack (nature of the Services, exhaustive list of Services, unlimited or limited access to Services, etc.).
- The terms of access to each Service (days and times of the provision of the Services, location where the Services are provided, etc.).
- The minimum required service level and period contracted with the Customer to enable subscription to each Pack.
(ii) On-demand, without subscription to a Pack (hereinafter referred to as "On-demand Services"). All of the Services provided by the Company can be ordered à la carte, that is to say, on demand. The Customer also has the option to subscribe to one or more on-demand Services in addition to a Pack.
The Customer, whether private or business, agrees to be the direct beneficiary of the Services and not to allow any third party to benefit from them in their stead.
By way of derogation:
- The Customer may make the Services available to a guest who is staying in their property, solely for the duration of their stay.
- Business Customers, not including Private Customers, may subscribe to a "Corporate" Pack allowing them to provide the Services to their employees, customers or partners, under the conditions detailed on the Platform (hereinafter referred to as the "Corporate Pack"). Business Customers acknowledge and accept that only a subscription to this Corporate Pack will enable them to provide the Services to a third party.
4.2 Placing Orders
The Customer who wishes to subscribe to a Pack or an On-demand Service, must send the Company an order form through any pertinent channels (hereinafter referred to as the "Order"), and in particular by telephone or email, using the contact details provided in the Article "Operator of the Services" or on the Platform.
The Order must contain the Customer's contact details and include the Pack and/or On-Demand Service being requested.
Upon receipt of the Order, the Company undertakes to send the Customer a Quote in the shortest possible time, through any pertinent channels, and in particular by email, to the address provided in the Order, specifying the Pack chosen where applicable, the Services included in the Order, their characteristics and the conditions of their provision, the unit price of each Pack and/or On-demand Service, as well as the overall price of the Order, and the period over which the Services will be provided.
It is imperative that the Quote be accompanied by these General Conditions. If no Quote has been sent to the Customer within a period of fifteen (15) days, unless otherwise stated, the Order will be deemed not to have been accepted.
If the Customer accepts the Quote, they must return it to the Company duly signed within fifteen (15) days at the latest from the date of dispatch of the Quote, unless otherwise expressly stated on the quote. The Company reserves the right to refuse any Quote that has not been returned within the period indicated above without the Customer being entitled to any compensation whatsoever.
Any request for modification of the Order sent by the Customer to the Company after the issue of the Quote, but before the Quote is signed by the Customer, will result in the issue of a new Quote under the conditions set out in this article, which will cancel and replace the previous Quote.
The Company reserves the right to accept or refuse any modification of an Order sent to it after receiving a Quote that was duly signed by the Customer. The Customer acknowledges and accepts that should the Company refuse the requested modification of the Order, for whatever reason, it is expressly agreed between the Parties that only the initially signed Quote will be executed and the latter will be payable for the entire subscription period.
Upon receipt of the signed Quote and all of the documents required for the validation of the Order as requested by the Company, the latter will send the Customer, within forty-eight (48) hours, confirmation of subscription to the Services by email (hereinafter referred to as the "Confirmation").
5. Description of the Services
Customers have access to the following Services in a format and according to the technical means that the Company deems the most appropriate. The Company provides the Services based on a best effort obligation. The Customer acknowledges and accepts that depending on whether they are a Private Customer or a Business Customer, the conditions of provision of the Services may differ.
The Customer may subscribe to the Services below in the form of a Pack or on demand, under the conditions detailed below in the Article "Financial Conditions".
The Customer acknowledges and accepts that the Services are provided by the Company solely in the territory referred to in the Pack and/or in the Quote. Any request for Services that are not indicated on the Platform will require a specific Quote. The Customer acknowledges and accepts that the Company is not under obligation to provide Services that are not included in the list of Services that is available on the Platform.
5.1 Concierge Services
5.1.1 Key management
The Company undertakes to hold the keys of the Customer's property during their absence and to arrange the handover of the keys at the Customer's request.
The Parties will mutually agree on the terms for the handover of keys to the Company and/or return of the keys to the Customer. The Customer acknowledges and accepts that the return of the keys will take place only on working days between 8 a.m. and 8 p.m., unless expressly agreed otherwise between the Parties.
5.1.2 Stewardship Service
The Company is responsible for ensuring the stewardship of the property during the Customer's periods of absence, as indicated by the latter under the conditions provided for in the Article "Customer's Obligations and Liability". Within this framework, the Company undertakes to collect the mail and ensure a monthly visit is made to the Customer's property. The Customer expressly acknowledges and accepts that the Company will determine the scheduling of the date and time it will visit the property at its sole discretion.
The Customer also acknowledges and accepts that within this framework, the Company will not carry out a full inventory or a detailed conditional report but only a global check of the state of the electricity, water, and gas supplies and in particular, will not check the operational condition of each piece of equipment, unless specifically requested. The Company will only check for the good general condition of the property, verifying that it has not been subject to any significant or visible damage.
The Customer also acknowledges and accepts that the Company will not provide reports on its monthly visits. The Company undertakes to send a notification to the Customer only in the event that it finds a problem and/or an incident, through any pertinent channels depending on the urgency and according to the Company's own assessment of the situation, and this the Customer hereby acknowledges and accepts.
As part of the stewardship services, the Company also provides the Customer with housekeeping and linen cleaning services, on an ad hoc or regular basis. The housekeeping services include the cleaning of all rooms, the cleaning and the ironing of the household linen, either directly or using a Third-party Provider, and this will incur additional invoicing under the conditions detailed below.
The number of cleaning hours subscribed to by the Customer will be used in accordance with the conditions specified in the Quote, in particular with regard to how those cleaning hours are allocated. The Customer acknowledges and accepts that the number of hours of cleaning subscribed to must be used within the year following the date the Quote is signed. Otherwise, they acknowledge and accept that the hours of cleaning will be forfeited and that their price will not be refunded to the Customer.
The Company also offers any additional service agreed upon between the Parties in the Quote and in particular, watering plants, receiving deliveries, relations with service providers (EDF, Engie, etc.).
The Parties expressly agree that the terms and conditions of provision of each of the Services will be detailed in the Quote. The Customer acknowledges and accepts that the Company is required to perform such Services solely under the conditions set out in the Quote.
5.1.3 Maintenance Service
The Company will ensure the maintenance of the property on behalf of the Customer during the Customer's periods of absence, as indicated by the latter under the conditions provided for in the Article "Customer's Obligations and Liability".
As part of this Service, the Company undertakes, after having notified the Customer of an incident requiring repairs/works, under the conditions provided above, to organise the drafting of a quote in the shortest possible time and to send a single quote for any repairs costing less than one thousand (1,000) Euro, all taxes included, and at least two (2) quotes for any repairs costing more than one thousand (1,000) Euro, all taxes included.
The Customer hereby acknowledges and accepts that the Company will not undertake any repairs/works without the express prior written agreement of the Customer. Upon receipt of the Customer's agreement, the Company will undertake to have any necessary maintenance operations carried out.
The Customer acknowledges and accepts that the maintenance service relates only to incidents that are visible during visits made by the Company during the Customer's periods of absence and/or incidents expressly declared by the Customer.
For all major repairs/works, the Customer confers a power of attorney to the Company to monitor the worksite and its progress. However, the Parties expressly agree that the Customer remains solely responsible for the validation of the various stages of the worksite and acknowledges that any decision concerning the completion of the repairs/works must be taken by the latter. In the absence of a response from the Customer after two (2) reminders within forty-eight (48) hours requesting validation of the repairs/works, the Customer acknowledges and accepts that the Company may then proceed to give any instruction or directive to the contractor that it deems appropriate without the prior and express agreement of the Customer.
The Company will not under any circumstances be held liable for the absence of response from the Customer when the Company requests a decision from them regarding the repairs/works, or for any damages caused by the contractor or its service providers when carrying out the repairs/works.
5.2 Customised Assistance Services
The Company will provide, at the Customer's request, customised assistance services such as reservation or bookings for transport, restaurants, events, shows, sports lessons, yoga or massage sessions, etc.
The list of services provided by the Company is available on request, and can also be found on its website at the address www.openup.paris (hereinafter referred to as the "Platform").
The Parties expressly agree that the Customer will be able to order such customised assistance services upon simple written request sent to the Company by email, at any time during the execution of these General Conditions, specifying the nature of the required service(s), the date and time the latter is required and the number of people concerned.
The Customer acknowledges and accepts that the customised assistance Services will incur specific invoicing, on a case-by-case basis.
5.3 Home Staging Services
The Company offers its Customers a home staging service including:
- Shopping for and purchase of furniture
- Monitoring delivery
- Interior decorating all or part of a property, following the specifications provided by the Customer
- Art rental, for a limited period of time, in accordance with the Customer's instructions.
The Company will request prior validation from the Customer for the purchases or rental of any product or service of any kind whatsoever. The latter acknowledges and accepts that the Company will not under any circumstances be held liable for any purchase or rental made in compliance with a notice of confirmation previously provided the Customer. Furthermore, the Company will not under any circumstances be held liable for any potential damage caused to the purchased or rented product(s) or to the property itself or to any other object related to the provision or performance of the home staging services, that is not physically attributable to the Company.
5.4 Other Services
The Company reserves the right to propose any other Service that it deems appropriate, in a format and according to the technical means that it also deems the most appropriate for providing such Service.
The Company also reserves the right to offer the Customer any other paid service, at its discretion.
6. Financial Conditions
6.1 Prices for Packs and On-demand Services
The price of each Pack is determined freely by the Company and specified on the Platform.
The price of On-demand Services is determined freely by the Company and specified in the Quote. The Customer acknowledges and accepts that the price of the Services is determined with regard to the time spent, based on the hourly rate indicated in the Quote on the date of signature thereof. The Customer also acknowledges and accepts that any request for the provision of On-demand Services during public holidays, weekends or during the night (from 8 p.m. to 8 a.m.) will be billed on the basis of an exceptional hourly rate, which will be the hourly rate indicated on the Quote with a 50% surcharge.
The applicable price is the price in effect on the date the Quote is signed. The Customer acknowledges and accepts that if several successive Quotes are sent during the process of subscribing to the Services, the price of the Services may vary between Quotes and that the applicable price will be the one in effect on the date each Quote is issued.
The Customer acknowledges and accepts that the price of Packs and On-demand Services does not include any potential payment due to Third-party Providers for services provided by them as part of the Services, and such payment will be made to the Company in addition to the price of the Pack and/or On-demand Services.
The Company also reserves the right to invoice travel expenses, upon production of the corresponding supporting documents.
Prices are in Euro and are inclusive of French taxes.
The Company reserves the right, at its discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
The Company also reserves the right to amend prices at any time and at its sole discretion. Customers will be notified of such price amendments by the Company through any pertinent channels, at least thirty (30) days before the new rates apply.
If a Customer does not withdraw from these General Conditions in accordance with the provisions set out below in the Article "Termination", the amended prices will apply on the renewal date hereof, in direct relation to the duration of the Pack and/or On-demand Services to which the Customer has subscribed. In the event that amended price notification occurs on a date that does not give the Customer enough time to withdraw from these General Conditions, said notification will give rise to a new notice period, under the conditions set out in the Article "Termination".
6.2 Terms of Payment
Terms of Payment common to all Services
Payment for Packs and/or On-demand Services can be made either directly by the Customer themselves, or through a third party, in the name and on behalf of the Customer, and duly authorized by the latter in this regard. The Customer guarantees the Company that any person making payment on their behalf will have been duly authorized by the Customer to make such payment.
The Customer acknowledges and accepts that in the event said third party fails to pay, the former remains liable for the payment of the remaining amounts due.
Terms of Payment for Packs
The price of the Packs is payable on the date Confirmation is received. The Customer may freely choose between the following options, subject to indicating their choice on the Quote:
- Payment of the full price due for the subscription period no later than seven (7) days from the date of Confirmation, by automatic transfer to the Company's bank account, the details of which are indicated on the invoice. The Company will send the Customer an invoice in the shortest possible time following the date of Confirmation.
- Payment on a monthly basis of the same price by automatic transfer to the Company's bank account, the details of which are indicated on the invoice. The first payment will be made no later than seven (7) days from the date of Confirmation. Payment of the following instalments takes place at the beginning of each month and, at the latest, on the 5th of each month. The Company will send the Customer an invoice annually.
Terms of Payment for Corporate Packs
The Business Customer who subscribes to a Corporate Pack acknowledges and accepts that payment must be made in full for the entire subscription period, within seven (7) days of the date of Confirmation at the latest.
Terms of Payment for On-demand Services
On-demand Services will be invoiced after the Services have been provided and a specific invoice will be issued for such Services. The Company reserves the right to request the payment of a provision. The Customer will be informed of this by a specific note on the Quote.
6.3 Late Payment
The Customer is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on its due date and where this has not been rectified by the Customer or the third-party payer within thirty (30) days of the due date, will automatically result in, and without prior formal notice:
- Forfeiture of the term of all amounts due by the Customer in question and the requirement of their immediate payment.
- Immediate suspension of current Services until complete payment is made by the Customer of all sums due and/or, at the Company's sole discretion, the immediate and automatic termination of these General Conditions, in compliance with the provisions set out in the Article "Termination" below.
- Invoicing of a late payment interest, for the Company's benefit, at the rate of four (4) times the legal interest rate, in addition to the total of all amounts due by the Customer in question.
6.4 Payment of Third-party Providers
For any subscription to Services that require the intervention of a Third-party Provider, and in particular for maintenance Services, the Customer confers a power of attorney to the Company to sign any quote from a Third-party Provider and/or make any payment, in their name and on their behalf, to a Third-party Provider operating within the framework of the provision of the Services.
The Company undertakes to formally accept quotes issued by a Third-party Provider before subscribing to the services provided by the latter. The Customer acknowledges and agrees that if the Company does not accept such Third-party Provider quotes, the latter will not be able to provide the Services that require the intervention of a Third-party Provider.
In this context, the Customer undertakes to pay the Company, on the date of Confirmation, a provision which the Company will use to pay for the necessary repairs/works, amounting to:
- Five hundred (500) Euro for subscriptions to Services that do not implicitly require the purchase of products or the carrying out of repairs/works, with the exception of minor repairs/works.
- One thousand (1,000) Euro for subscriptions to Services that implicitly require the purchase of products and the carrying out of repairs/works.
The Customer expressly undertakes to maintain the amount of this provision during the entire period of subscription to the Services and to pay the necessary top-up amount, when appropriate, upon the Company's first request.
The Customer also undertakes to pay the Company a commission in addition to the price of the Services and corresponding to a percentage of the tax-inclusive price invoiced by the Third-party Provider. The amount of this commission will be indicated on the Quote.
The terms of payment of the service providers will be expressly indicated on the Quote and/or conveyed by any other written means during the period of subscription to the Services.
These General Conditions are concluded:
- For Packs subscribed to by a Private Customer: Chosen by the Private Customer, for a period of one (1) month or six (6) months or one (1) full year, unless expressly stated otherwise on the Quote. The term of the Packs will be renewable by tacit agreement under the same conditions for successive periods of the same duration, unless withdrawn from under the provisions set out in the Article "Termination" below. The Private Customer acknowledges and accepts that the monthly price of the Packs varies depending on the duration of the subscription.
- For Packs subscribed to by a Business Customer: for a period of one (1) full year, unless expressly stated otherwise on the Quote. The term of the Packs will be renewable by tacit agreement under the same conditions for successive periods of the same duration, unless withdrawn from under the provisions set out in the Article "Termination" below.
The Customer acknowledges and accepts that any Pack subscribed to:
- Between the 1st and the 15th day of the month, will take effect on the date full payment of the due price is made, in accordance with the conditions specified above, unless expressly stated otherwise on the Quote.
- Between the 15th and the last day of the month, will take effect on the first day of the month following the date of Confirmation, subject to payment of the full amount due on that date, in accordance with the conditions specified above, unless expressly stated otherwise on the Quote.
- For On-demand Services: for the entire duration required for the provision of the Services, in accordance with the schedule agreed upon between the Parties and also indicated on the Quote. When provision of the Services is subject to the payment of a deposit, the Services will be provided from the moment full payment has been made of such deposit indicated in the Quote.
8. Right of Withdrawal
Private Customers, not including Business Customers, have a period of fourteen (14) working days from the date of signing the remotely-concluded Quote to withdraw, without having to justify their reasons or pay any penalties, except in cases that are expressly not entitled to the right of withdrawal.
The Private Customer, subject to the above conditions, may exercise this right by sending the Company a clear and unambiguous declaration, before the expiry of the aforementioned period, expressing their wish to withdraw. For this purpose, the Private Customer may use the form provided by the Company and attached hereto.
The Private Customer will be reimbursed all sums already paid in the shortest possible time and, at the latest, within fourteen (14) days from the date the Company actually receives the request for withdrawal.
If the Private Customer would like the Services to begin before the end of the withdrawal period, they must make an express request to the Company, in writing, through any pertinent channels, and in particular by using the form attached hereto. The Private Customer who exercises their right of withdrawal, despite having expressly requested the immediate provision of the Services, acknowledges and accepts that they must pay the Company an amount corresponding to the Services provided from the beginning of provision up until the date they informed the Company of their decision to withdraw and pro rata to the total amount of the price for the Services.
9. Intellectual Property
The systems, software, structures, infrastructures, databases, codes and content of any nature (texts, images, graphics, logos, trademarks, databases, etc.) used by the Company within the framework of the Services, including its trademark and brand name, are protected by all applicable intellectual property rights and database producer rights. Any dismantling, decompilation, deciphering, extracting, reusing, copying and generally any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of the Company is strictly forbidden and could incur legal proceedings.
10. Customer's Obligations and Liability
Without prejudice to any other obligations stipulated herein, Customers agree to respect the following obligations.
- The Customer acknowledges that they will be solely responsible for successfully completing all necessary administrative, tax and/or social formalities and paying all contributions, taxes or charges of any nature required of them that could result from their use of the Services.
- Customers acknowledge having read and understood the characteristics and constraints, especially those of a technical nature, of all of the Services.
- The Customer acknowledges that the Services provide them with an additional and alternative solution, and that this solution cannot substitute other means that the Customer may dispose of elsewhere to reach the same goal. Furthermore, in order to enable the Company to ensure provision of the Services, the Customer undertakes:
- To provide a description of the property (address, number of rooms, surface area, etc.) and the means of access (key, badges, etc.), before the Services being subscribed to enter into effect, as well as, more generally, any document, element, item, data and any information requested by the Company and deemed necessary for the proper provision of the Services.
- To cooperate with the Company for the successful execution of these General Conditions and to inform the latter of any difficulties encountered in this respect.
- Not to impede, in any way at all, the provision of the services by the Company.
- To reply, within a reasonable period, to any requests made by the Company.
The Customer also authorizes the Company to take photographs of their property and to use them, by reproduction, representation, adaptation or modification, free of charge, for the term of the Services and this worldwide, exclusively for the purposes of promoting its Services on its website and/or on social networks. The Company undertakes not to communicate any information that would enable the Customer to be identified and/or that would reveal their postal or telephone contact details.
In the event that one of these declarations is called into question, the Customer agrees to immediately inform the Company by email, the latter reserving the right to terminate this agreement between them.
11. Termination / End of Services
The Customer may terminate their subscription to a Pack under the following conditions:
- For any Pack subscribed to by a Private Customer: on the renewal date of the chosen subscription period, subject to sending a registered letter with acknowledgement of receipt to the Company, observing one (1) month's notice preceding the end of the current subscription period for any subscription period longer than six (6) months, or fifteen (15) days' notice for any subscription to a Pack with a subscription period of one (1) month.
- For any Pack subscribed to by a Business Customer: on the renewal date of the subscription period, subject to sending a registered letter with acknowledgement of receipt to the Company, at least three (3) months preceding the end of the current subscription period.
- For the Corporate Pack: on the renewal date of the subscription period, subject to sending a registered letter with acknowledgement of receipt to the Company, at least six (6) months preceding the end of the current subscription period.
The Company reserves the right to withdraw from these General Conditions on the Pack's subscription renewal date, subject to observing a notice of three (3) months preceding the end of the current subscription period.
11.2 Termination due to Breach
In the event that the Customer fails to respect any of their obligations set out in these General Conditions, and for which this non-compliance has not been rectified within thirty (30) calendar days following the receipt of a formal notice to rectify such non-compliance, the Company may, immediately and fully, and without judicial formalities, terminate these General Conditions and close their Account.
Termination of these General Conditions will be without prejudice to any damages to which the Company could claim, as a result of the non-compliance of the Customer in question, or to any compensation which the former could possibly be due.
12. Exclusion of the Company’s Liability and Guarantee
Customers expressly acknowledge and accept that the Company undertakes to provide the Services with diligence and in compliance with trade practices, specifying that it has an obligation to provide means, but this without any obligation of result. The Company undertakes to make its best efforts to provide the Services in accordance with the schedule agreed between the Parties.
Its responsibility is exclusively limited to the provision of the Services in accordance with the terms and conditions described herein, to the exclusion of any other service. The Customer also acknowledges and accepts that the Services are provided as is, and without any express or implicit guarantee of any kind.
The Company acts as an intermediary insofar as it provides Customers with means of assistance in the management of their property during their absence and with a connection to Third-party Providers. The Company's liability is limited to the provision of these means, as described herein, to the exclusion of any other service. In particular, the Company will not be held liable under any circumstances with regard to the provision of services by Third-party Providers within the framework of the Services. The Company will not be party to the contracts concluded between the Customer, or in the name of or on behalf of the Customer, and said Third-party Providers. The Company will not be party to any potential disputes whatsoever between a Customer and a Third-party Provider.
The Company will not guarantee the proper execution of the services provided by said Third-party Providers either. Nor can the Company be held liable in the event that the Customer does not validate the quote of a Third-party Provider before repairs/works, in particular in the event that the Services are not provided in accordance with the schedule agreed between the Parties.
Subject to these reservations, the Company's liability may only be incurred, under the conditions of common law, for the direct and foreseeable damages suffered by a Customer, resulting from a failure of the Company to honour its contractual obligations as set out in these General Conditions.
Therefore, the Customer hereby waives their right to claim compensation from the Company, in whatever capacity, for indirect damages, and in particular, for any loss of profits, loss of opportunities, any commercial or financial prejudice, any increase in overhead costs or losses whose origin can be linked to the execution of, or that can be considered a consequence of, these General Conditions.
In any event, the Company cannot be liable to the Business Customer for the payment of damages for an amount greater than the amount of fees paid to the Company during the preceding twelve (12) months.
Moreover, the Company’s liability may only be incurred if a Business Customer sends the former a complaint, by registered letter with acknowledgement of receipt, within a period of one (1) month following such an occurrence.
13. Sanction of Breaches
In the event of a breach of any of the provisions of these General Conditions, or more generally, any violation of any local policy or laws by a Customer, the Company reserves the right:
- (i) To suspend access to the Services either temporarily or permanently, and this without delay, for any Customer who has breached any provision or infringed any law or regulation, or who as participated in such breach or infringement, and in particular, in the event the Customer provides incorrect, incomplete, misleading or outdated information at the time of subscription.
- (ii) To take any appropriate measures and instigate appropriate legal action.
- (iii) To notify the appropriate authorities where applicable, to cooperate with them and provide them with all information that may be useful in their investigating and intercepting of illegal or unlawful activity.
The Company guarantees the Customer that they have taken out the requisite insurance policies to insure and guarantee the consequences of its professional civil liability in the event of it being incurred, so as to cover the pecuniary consequences of the damages it would be faced with.
The Company undertakes to maintain such insurance coverage throughout the entire term of these General Conditions.
The Customer in turn attests to have taken out a valid comprehensive home insurance policy that covers all damages that could occur within the framework of these General Conditions and that they will see to it that this insurance remains valid for the entire term of the contract.
15. Personal Data
The Company practises a policy of protection of personal data, the characteristics of which are detailed in the document "Charter concerning the protection of Users’ personal data", that can be accessed from the home page of the Platform and which Customers are expressly invited to read.
The Company hereby declares in particular that it complies with all legal obligations and regulations it is subject to, with regard to the protection of personal data, aimed at ensuring the security and the confidentiality of the collected and processed data.
The Company may insert advertising or promotional information in any messages it sends the Customer in a format and according to conditions that the Company solely deems appropriate.
If either of the Parties fails to exercise any of their rights or powers pursuant to the provisions of these General Conditions, or exercises such rights or powers late, this will not be interpreted as a waiver of all or part of these rights or powers, and any unique or partial exercising of any right or power will not prevent subsequent implementation of such right or power.
18. Force majeure
None of the Parties will be held liable to the other Parties in the event that the performance of their obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Events of force majeure are those generally recognised as such by jurisprudence and the French courts.
An event of force majeure will initially suspend operation of the Services for a period that will not exceed three (3) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.
19. Independence of the Parties
The Parties of these General Conditions are legally independent of each other. None of the stipulations of these General Conditions may be interpreted as creating a company, joint venture, subsidiary, agent-employer or employee-employer relationship, or association between the Parties. Each Party remains solely responsible for its acts, claims, commitments, services and data.
Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question will be deemed invalid or inapplicable, and the other provisions will remain in full effect and retain their full scope.
21. Amendments to the General Conditions
Any modification of these General Conditions will be made by written endorsement, signed by all of the Parties.
In the event of a dispute relating to these General Conditions, the Customer availing of the Services that have been reserved for them, solely to meet their private needs and outside the scope of their business activities, has the option to contact a consumer ombudsman, free of charge, in accordance with the provisions set out in Articles L612-1 of the French Consumer Code, and this prior to undertaking any legal proceedings.
In this respect, the Customer is hereby informed that the Company uses the mediation services of , who can be contacted at: .
The Customer also has the option to file a complaint via the platform for Online Dispute Resolution, which can be accessed at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
In the event of failure to appoint a mediator or in the mediation itself, the most diligent Party may refer the matter to a court of competent jurisdiction in accordance with the terms of the Article below.
23. Law and Jurisdiction
These General Conditions are governed by French law.
Concerning all potential translations of these General Conditions into other languages, the language of interpretation will remain French in the event of any contradiction or dispute concerning the meaning or understanding of any one of their terms or provisions.
In the event of a dispute arising from these General Conditions or in relation to them, the Parties agree to seek an amicable solution, before taking any judicial action.
In the event the Parties do not reach a solution, within a period of one (1) month from the date of the first notice to solve said dispute by the most diligent Party, the Parties agree that any dispute or litigation regarding the validity, interpretation or fulfilment of these General Conditions will fall within the exclusive jurisdiction of the courts of Paris, excepting mandatory provisions to the contrary.
The Private Customer may have recourse to one of the territorially-competent courts in accordance with the French Code of Civil Procedure or the local court of the location where the Private Customer resided at the time the contract was concluded or at the time of the occurrence of the damage-causing event, in accordance with the provisions of Article R.631-3 of the same Code.
24. Entry into Effect
These General Conditions became effective on December 1st, 2019.
Template - Withdrawal form
Please complete and return this form only if you wish to withdraw your subscription to Services made through the Platform or remotely.
For the attention of:
48 rue Michel-Ange, 75016 Paris
E-mail Address: email@example.com
[Name of Private Customer]
Postal Address: [to be completed]
E-mail address: [to be completed]
I hereby notify you of my withdrawal from the contract related to the sale of the service(s) and/or product(s) below:
Name(s) of the service(s) …………………………………………..
Name(s) of the product(s):………………………………………………
Quantity of product(s): ………………………………………………..
Signature of Private Customer: