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Definitions :

  • "Order(s) means any online booking of an appointment with a Professional, reservation/purchase/pre-ordering of Products, a place in a restaurant, cinema, museum, etc, via the PIINK ME Platform by a User.
  • " Personal Area User Account": personal digital space created by a User when registering on the Platform containing personal information (compulsory and optional) enabling the User to access the Products offered.
  • " Platform PIINK ME USER": refers to the digital platform PIINK ME USER created by PIINK TEKNOLOGY, which enables Professionals and Users to get in touch with each other.
  • "Professional Professional": means any professional engaged in his business (merchant, professional, craftsman, etc. ...) contracting PIINK TEKNOLOGY which offers its products and / or services via the Platform.
  • " Products Professional": refers to all the products, services or activities listed by the Professional(s) on the Platform.
  • " User(s)", "You" or "you". Professional": refers to the natural person who purchases Products on the Platform from the Professionals listed.

Preamble 

PIINK TEKNOLOGY, a simplified joint stock company with share capital of €21,756.47, having its registered office at 113 RUE DE FONDEVILLE, TOULOUSE (31400), registered with the Toulouse Trade and Companies Registry under number B 830 298 659 (hereinafter referred to as "PIINK TEKNOLOGY"). the Operator ), provides, on the PIINK ME USER website or application (hereinafter the "PIINK ME USER"), a link to the PIINK ME USER website or application (hereinafter the "PIINK ME USER"). Marketplace "or the Platform ), a platform that enables you to contact Professionals, after registering, and to place Orders via the Platform (hereinafter the "Platform"). Service ").

The main features of the Service are described in articles 2 et seq. of these General Terms and Conditions applicable between the User and the Operator (hereinafter, the "General Terms and Conditions"). CGU ").

As part of the Service, the User's attention is particularly drawn to :

  • the need to read these Terms and Conditions of Use in their entirety, which define the applicable rules and their responsibilities as Users;
  • the fact that a contract of sale and/or provision of services will be directly concluded between You and the Professional from the moment the Professional accepts the Order, the Operator being in no way a reseller of the Products offered by the Professional. PIINK TEKNOLOGY is an intermediary allowing a connection between a Professional and a User;
  • the fact that the payment service provider collects the amount of the sales.

The Operator and/or the User are hereinafter referred to as the "User(s)". Part(s) ".

Article 1 Purpose

The purpose of these GCU is to define the legal and financial conditions applicable to the use of the Service by the User, with the Operator providing the User with the technological tools enabling him to order the Products listed by the Professionals.

To use the Service, the User accepts these GCU and their appendices without restriction or reservation. This acceptance takes the form of a validation click.

The User also accepts the conditions of sale or services of each Professional. This acceptance takes the form of a validation click.

Article 2 Description of the Service

The Service enables Users to connect to the Platform via their User Area and :

  • consult the Products offered by local Professionals listed on the Platform;
  • place an Order with the Professional via the Platform;
  • to leave opinions on the Professionals after the Order has been completed;
  • save the professionals you like in the "Favourites" tab to make future orders easier;
  • be informed in real time of the status of Orders;
  • pay for their Order via the Platform;
  • to track the order of the Product where applicable;
  • make complaints and contact the Operator's customer service;

The Platform will provide "Filters" to enable Users to better target their search according to their need(s).

The Platform provides an optional "Notifications" service which enables the User to receive notifications on their mobile phone (confirmation of the Order, reminder in the event of an appointment, possible delay in a service, cancellation, etc.). The User may activate/deactivate this service at any time via the application's "settings".

Article 3 Access to the Service

Article 3.1 "PIINK ME USER" website/application

The Service is accessible via the website https://piinkme.fr/

Any Internet user can access the Platform and view the Products offered by the Professionals.

You must create a Personal Area in order to make a purchase. To do this, you will need to provide a certain amount of personal information (the principles relating to the processing of personal data collected by PIINK ME as part of the Service are set out in the Personal Data Charter). The information provided must be accurate and up to date (address, means of payment, etc.) via your Personal Area.

Your login and password are strictly personal. You undertake to keep them secret and not to disclose them to any third party. You will be solely responsible for access to the Service and the use made of it. Consequently, You shall be solely liable for any damage caused to third parties and/or the Operator as a result of any fraudulent use that infringes the rights of third parties. The Operator reserves the right to suspend the User's access to the Service in the event of fraudulent or unauthorised use.

In case of loss, misappropriation or fraudulent use of your Personal Space, You agree to immediately notify PIINK TEKNOLOGY at the contact email address: " dpo@piinkme.fr ".

Article 3.2 Use of a QR Code 

Any User will be able to scan a QR Code which will be accessible on the sticker/window of a partner shop in order to consult the Products available.

Article 4 Transactions carried out via the Service

Article 4.1 General obligations of the Professional

Users are hereby informed that, when registering on the Platform, the Professional undertakes to comply with the provisions relating to legal guarantees and the exercise of the right of withdrawal (if the right of withdrawal applies to the Product in question) as well as all the ethical obligations incumbent on his profession.

The Professional undertakes to provide the User on the Platform with the pre-contractual information necessary for the User's informed consent:

  • identification details;
  • the essential characteristics of the Products ;
  • general terms and conditions of sale ;
  • after-sales service conditions, including after-sales service;
  • the price of the Products including VAT ;
  • where applicable, the cost of delivery, transport, postage and any other charges;
  • terms of payment, delivery or performance (if applicable);
  • the absence of a right of withdrawal (if applicable) ;
  • the period of validity of the offer and its price (if applicable).

The Professional guarantees that this information complies with the applicable regulations.

If an incorrect price is displayed on the Platform, the Professional undertakes to contact the Users concerned within 24 hours of the alert, and to refund the cancelled Orders - subject to the applicable regulations.

The Professional may, where applicable, in order to organise the consequences of any errors in the display of the prices of the Products via the Platform, stipulate in its general terms and conditions of sale that :

  • if the corrected price is lower than the incorrect price displayed on the Platform, the Professional will sell the Product ordered at the lower price;
  • if the corrected price is higher than the incorrect, obviously derisory price displayed on the Platform, the Professional will inform the User in order to cancel the Order (unless the User chooses to accept the Order at the higher corrected price) - subject to the applicable regulations.

Article 4.2 Description of operations

  1. The User selects the Product(s) or Service(s) they wish to order;
  2. The User confirms his/her choices, acknowledges and accepts these GTCU and the Professional's general terms and conditions of sale by clicking one or more times to validate;
  3. The User makes the payment. Payment methods are those offered on the Platform;
  4. The User will receive an email confirming that his/her Order has been placed;
  5. The Professional(s) concerned shall confirm or deny the availability of the Order to the User within a reasonable period of time. The contract for the sale and/or provision of services is concluded between the Professional(s) and the User once the Order has been confirmed;
  6. Confirmation that the Order has been placed.

Article 4.3 Conclusion of the contract between the User and the Professional

The contract for the sale and/or provision of services is concluded directly between the User and the Professional. The Operator is a third party to the contract.

The Operator is not responsible for any pre-contractual information provided by the Professional, nor for the performance of this Contract.

Article 4.4 Validation of the Order by the Professional

It is up to the Professional to confirm or cancel the Order placed by the User.

The Professional undertakes to notify any delay and/or cancellation and/or modification of an Order as soon as possible by the means he considers most appropriate (telephone call, email, notification, etc.).

In the event of cancellation of the Order (in particular an appointment and/or reservation), the Professional undertakes to offer the User a new time slot(s) as soon as possible.

Article 4.5 Provisions applicable to Deliveries

The provisions applicable to the delivery of Products are defined in the Professional's general terms and conditions of sale.

Article 4.6 Product return and refund policy 

In cases where the right of withdrawal is applicable, the User must request the return via their Personal Space. To do this, they must contact the Professional directly. Refunds and return procedures will be set out in the Professional's general terms and conditions of sale.

Article 5 Classification of Products on the Platform

The User can browse the Platform according to the different Product Categories according to a universe (e.g. restaurants, wellbeing, have a drink, butcher, baker, fishmonger, wine merchant, market, producer, food, fashion, florist, medical, real estate, craftsman, beauty).

Internet users can then modify the ranking by selecting a different sorting criterion according to :

  • price ("from the cheapest to the most expensive" or "from the most expensive to the cheapest");
  • customer reviews ;
  • the success of products ("best sellers");
  • what's new.

Article 6 Financial provisions

The sale price is set freely by the Professional, in compliance with the laws and regulations in force.

The Products are invoiced directly by the Professional to the User.

When the User pays for his purchases online via a secure platform, the sums are collected in the name and on behalf of the Professional by the payment service provider ("PSP"), whose terms and conditions are accessible on the website : https://stripe.com.

Article 7 Evaluation of Professionals by Users         

The Operator may make available to the User means enabling him to evaluate the Products of the Professionals following confirmation of receipt of the Product ordered. This information may be consulted by all Users.

The User shall refrain from making any comments that are defamatory, insulting, contrary to public order or morality, that infringe the personal rights or intellectual property rights of third parties, laws and regulations or the brand image of The Operator and/or third parties.

The Operator is not responsible for the comments and ratings posted online by Users and cannot be held liable in this respect.

The User undertakes to carry out its evaluations in good faith.

Article 8 Duration - Suspension - Termination

These GCU are valid for an indefinite period.

They may be terminated early in the event of :

  • termination in the cases set out in the sales/services contract with the Professional, subject to prior notice;
  • deletion of the Personal Area by the Customer or in the event of closure of the account by the Operator in the event of misconduct (in accordance with the cases set out below).

In the event of a breach by the User of these GCU, the Operator shall be entitled immediately to remove any content from the Platform, to modify the content published by the User or to take any appropriate measures.

Article 9 Intellectual property

All texts, comments, works, illustrations, works and images reproduced or represented on the Platform are strictly reserved under copyright law and intellectual property law, for the entire duration of the protection of these rights and for the entire world. In this respect, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction, representation, modification or adaptation of the Platform and/or all or part of the elements found on the Platform or incorporated therein is strictly prohibited.

The company names, trademarks and distinctive signs reproduced on the Platform are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and requires the prior written authorisation of the trademark owner.

Certain Products are subject to personal and specific rights of use which regulate copying, public distribution, rental, etc. You must comply with the contractual conditions applicable to these Products. You must respect the contractual conditions applicable to these Products and the Operator cannot be held responsible for any use that may be made of these Products in this context.

Article 10 Personal data

Information and data concerning You are processed by the Operator. It is necessary for the management of Your account and Your access to the Service. The information required for delivery will be transferred to the Professional for this sole purpose.

For more information about your personal data, please refer to the Personal Data Charter.

Article 11 Liability

Article 11.1 Responsibility of the User

In general, the User shall indemnify the Operator against all direct and indirect damage suffered by the Operator as a result of the use of the Service, and shall hold the Operator harmless against actions brought by third parties against the User as a result of the use of the Service and the purchase of Products on the Platform.

Article 11.2 Responsibility of the Operator - Use of the Service

In accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the Operator shall not be held liable for any content made available on the Platform, in particular with regard to hypertext links, descriptions of Products or assessments that the User makes of the Professional, unless it does not promptly render such content inaccessible after being informed of its illegality in accordance with the conditions laid down by this law.

The Operator endeavours to ensure maximum availability of the Service. However, the Professional and the User are aware of the technical hazards inherent in the Internet and the interruptions to access that may result, and expressly accept this. The Professional and the User also acknowledge the need to interrupt the Service for maintenance purposes, in particular in order to improve its operation or security. The Operator therefore does not undertake to provide permanent access to the Service and cannot be held responsible for any unavailability or slowdowns observed. The Service is provided on a best-efforts basis. The Operator's obligations and guarantees as defined herein are exclusive of any other guarantee(s), express or implied, legal or otherwise, relating in particular to the condition, performance, suitability for a particular purpose or quality of the Service provided.

Article 11.3 Limitation of the Operator's liability 

The Operator may only be held liable by the User for acts directly attributable to the Operator. The Operator shall under no circumstances be liable for indirect damage. Indirect damage includes loss of profit, income or revenue, loss of opportunity to sell Products, inability to use systems and networks, loss of customers or damage to reputation.

In any event, the total amount of damages and interest which the Operator may be ordered to pay to a User, all causes and all losses combined, under an Order, is expressly and globally limited to the amount of this Order. In all cases, it shall be up to the User to provide proof that the Operator's contractual fault is the direct cause of the User's loss.

It is expressly agreed that the Operator may only be held liable by the User for a period of one (1) year from knowledge of the damage, after which time all rights shall be time-barred.

The Party claiming breach of contract is obliged to take all reasonable steps to mitigate the loss suffered as a result of such breach. If it fails to do so, the other party may request a reduction in damages.

Article 12 Evidence Convention

The Parties agree that the recordings made by the equipment of the Operator and its service providers, as well as electronic exchanges, shall constitute proof between the Parties. To this end, it is expressly agreed that all technical information, as well as electronic exchanges of any nature whatsoever (in particular by e-mail, internal Service messages, etc.) may be kept and archived by the Operator for evidential purposes. In the absence of proof to the contrary, these records shall have the same evidential value as a written document signed on paper, both as regards their content and as regards the date and time on which they were made and/or received.

Article 13 Miscellaneous

Unless otherwise specified, lead times are expressed in calendar days.

The French version of this User Agreement shall prevail over any other version translated into another language.

Should one or more of the provisions hereof be or become null and void, of no effect, unlawful, unenforceable or inapplicable in any way whatsoever, the validity, lawfulness or application of its other provisions shall in no way be affected or altered. In such a case, however, the Operator will incorporate a new clause having the effect of restoring the will as expressed in the initial clause, in compliance with the applicable legal provisions and regulations.

Any waiver by one of the parties of any of its rights, powers or prerogatives must be in writing in order to be enforceable against it.

The Operator may freely contribute or transfer, in any form whatsoever, these presents, the Service and/or the Platform, in particular and without limitation, by way of merger, demerger, partial contribution of assets, to any Company controlled by it, or which controls it, exclusively or jointly, directly or indirectly, within the meaning of articles L.233-1 et seq. of the French Commercial Code. In accordance with article 1216-1 of the French Civil Code, the User expressly accepts that the transfer of the Contract releases the transferring entity for the future.

Article 14 Complaints - Mediation

If you have any complaints about the Service, please contact us by e-mail at litige@piinkme.fr.Article 16 Applicable law and disputes

This Agreement shall be governed by and construed in accordance with the laws of France without regard to its conflict of law provisions. The Parties expressly agree to exclude the application of the United Nations Convention on the International Sale of Goods (1980) to this Contract and the performance of their obligations, to the extent that such convention is applicable.

Any dispute that cannot be settled amicably will fall within the exclusive jurisdiction of the Courts of Toulouse.

APPENDIX 1: FRAMEWORK CONTRACT FOR PAYMENT SERVICES

The general terms and conditions of sale and use of our payment service provider Stripe are available at the following address: https://stripe.com/fr/legal.