General conditions of the user
"Order(s)" means any online booking of an appointment with a Professional, reservation/purchase/pre-ordering of Products, seats in restaurants, cinemas, museums, etc., via the PIINK ME Platform by a User.
" Personal spaceThe "User" is a personal digital space created by a User when registering on the Platform containing personal information (mandatory and optional) allowing him/her to access the Products offered.
" PlatformPIINK ME USER": means the digital platform PIINK ME USER created by PIINK TEKNOLOGY which allows to put in relation Professionals and Users.
"Professional Professional": means any professional exercising within the framework of his activity (trader, liberal profession, craftsman, etc.) co-contracting with PIINK TEKNOLOGY which proposes its products and/or services via the Platform.
" ProductsThe term "Professional" refers to all the products, services or activities listed by the Professional(s) on the Platform.
" User(s)", "You" or "you ": refers to the natural person who purchases Products on the Platform from the referenced Professional.
PIINK TEKNOLOGY, a simplified joint stock company with a capital of €21,756.47, whose registered office is located at 113 RUE DE FONDEVILLE in TOULOUSE (31400), registered in the Toulouse Trade and Companies Register under number B 830 298 659 (hereinafter referred to as " the Operator "), implements, on the PIINK ME USER website or application (hereinafter the " Marketplace "or the " Platform "), a platform that allows You to contact Professionals, after registration, and to place Orders via the Platform (hereinafter the " Service ").
The main features of the Service are described in Articles 2 and following of these User Terms and Conditions applicable between the User and the Operator (hereinafter, the " CGU ").
Within the framework of the Service, the attention of the User is more particularly drawn to :
the need to read in its entirety the present GTU which defines the applicable rules and responsibilities as a User;
the fact that a contract of sale and/or provision of services will be directly concluded between You and the Professional as from the moment when the Professional accepts the Order, the Operator being in no case reseller of the Products proposed by the Professional. PIINK TEKNOLOGY is an intermediary allowing a setting in relation 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 " Part(s) ".
The purpose of these GTC is to define the legal and financial conditions applicable to the use of the Service by the User, the Operator making available to the User the technological tools enabling him to order the Products listed by the Professionals.
To use the Service, the User accepts the present T&Cs and their appendices without restriction or reservation. This acceptance is materialized by a validation click.
The User also accepts the conditions of sale or services of each Professional. This acceptance is materialized by a validation click.
The Service allows the User to connect to the Platform via his User Space and :
to consult the Products offered by the local Professionals listed on the Platform;
to place an Order with the Professional via the Platform;
to leave reviews of the Professionals after the Order has been completed;
to save in the "favorites" tab the professionals you appreciate in order to facilitate your next orders;
to be informed in real time of the status of the Orders;
to pay for his Order via the Platform;
to follow the order of the Product if necessary;
make complaints and contact the Operator's customer service department;
The Platform will provide "Filters" to allow Users to better target their search according to their need(s).
The Platform provides an optional "Notifications" service that allows the User to receive notifications on his/her cell phone (confirmation of the Order, reminder in case of an appointment, possible delay in a service, cancellation, etc.). The User can activate/deactivate this service at any time via the "settings" of the application.
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 take note of the Products offered by the Professionals.
You must create a Personal Area in order to make a purchase. To do so, you will need to provide a certain amount of personal information (the principles relating to the processing of personal data collected by PIINK ME in the context of the Service are specified 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 agree to keep them secret and not to disclose them to any third party. You will be solely responsible for accessing the Service and for the use that will be made of it. Consequently, You shall be solely responsible for any damage caused to third parties and/or the Operator as a result of any fraudulent use/undermining of third party rights. The Operator reserves the right to suspend the User's access to the Service in case of fraudulent or unauthorized 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: " email@example.com ".
Article 3.2 Use of a QR Code
Any User will be able to scan a QR Code that will be accessible on the sticker/window of a partner store in order to consult the available Products.
Article 4 Transactions made through the Service
Article 4.1 General obligations for the Professional
It is specified to the Users that the Professional, when he registers on the Platform, commits himself to respect the provisions relating to the legal guarantees and to the exercise of the right of withdrawal (if the right of withdrawal is applicable to the Product in question) as well as all the deontological and ethical obligations incumbent on his profession.
The Professional undertakes to provide the User on the Platform with the pre-contractual information necessary for the latter's informed consent:
the essential characteristics of the Products;
general terms and conditions of sale ;
the conditions of the after-sales service including an after-sales service;
the price of the Products including VAT;
if necessary, the costs of delivery, transport, postage and all other possible expenses;
payment, delivery or performance terms (if applicable);
the absence of a right of withdrawal (if applicable);
the duration of the validity of the offer and its price (if applicable).
The Professional guarantees that this information complies with the applicable regulations.
In the event of an erroneous price being displayed on the Platform, the Professional undertakes to contact the Users concerned within 24 hours of the alert, and to reimburse the cancelled Orders - subject to the applicable regulations.
The Professional may, if necessary, to organize the consequences of any errors in the display of prices of Products via the Platform, provide in its general conditions of sale that :
if the corrected price is lower than the erroneous price posted on the Platform, the Professional will sell the Product ordered at the lower price;
if the corrected price is higher than the erroneous, obviously derisory price posted on the Platform, the Professional shall inform the User and cancel the Order (unless the User chooses to accept the Order at the higher corrected price) - subject to applicable regulations.
Article 4.2 Description of operations
The User selects the Product(s) or Service(s) he wishes to order;
The User confirms his choices, acknowledges and accepts these Terms and Conditions and the general conditions of sale of the Professional by clicking on the validation button(s);
The User proceeds to the payment. The means of payment are those proposed on the Platform;
The User will receive an email validating his Order;
The Professional(s) concerned shall confirm or deny the availability of the Order to the User within a reasonable time. The contract of sale and/or provision of services shall be concluded between the Professional and the User after confirmation of the Order;
Confirmation of the completion of the Order.
Article 4.3 The conclusion of the contract between the User and the Professional
The contract of 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 the pre-contractual information provided by the Professional, nor for the execution 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 as soon as possible any delay and/or cancellation and/or modification of an Order by the means he/she deems most appropriate (telephone call, email, notification, etc.).
In case of cancellation of the Order (including appointment and / or reservation), the Professional undertakes to offer the User as soon as possible a new time slot / slots.
Article 4.5 Provisions applicable to Deliveries
The provisions applicable to the delivery of the Products are defined in the general sales conditions of the Professional.
Article 4.6 Product return and refund policy
In cases where the right of withdrawal is applicable, the User must proceed to the request for return via his Personal Space. For this, he will contact the Professional directly. The refund and the terms of return will be formulated in the general conditions of sale of the Professional.
The User can browse the Platform according to the different Product Categories according to a universe (e.g.: restaurant, wellness, drink, butcher, bakery, fishmonger, wine shop, market, producer, food, fashion, florist, medical, real estate, craftsman, beauty).
The user can then modify the ranking by selecting a different sorting criteria according to :
price ("cheapest to most expensive" or "most expensive to least expensive");
customer reviews ;
product success ("best sellers");
Article 6 Financial Provisions
The selling price is freely defined 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 makes an online payment for his purchases via a secure platform, the sums are collected in the name and on behalf of the Professional by the payment service provider ("PSP"), whose conditions are accessible on the site: https://stripe.com.
Article 7 Evaluation of Professionals by Users
The Operator can provide the User with the means to evaluate the Products of the Professionals after the confirmation of the reception of the ordered Product. This information can be consulted by all Users.
The User is prohibited from making any comments that are defamatory, offensive, contrary to public order or morality, that infringe upon the personal rights or intellectual property rights of third parties, laws and regulations and the brand image of the Operator and/or third parties.
The Operator is not responsible for the comments and ratings posted by Users and shall not be liable for them.
The User undertakes to carry out his evaluations in good faith.
The present GTC are valid for an indefinite period.
They may be terminated early in the event of :
termination as provided for in the sales/services contract with the Professional, subject to prior notice;
deletion of the Personal Space by the User or in the event of closure of the account by the Operator in the event of misconduct (as provided below).
In the event of a breach by the User of these TOU, the Operator shall be entitled to immediately remove any content from the Platform, modify the content published by the User or take any other 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 protection of these rights and for the entire world. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private purposes, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction, representation, modification or adaptation, in whole or in part, of the Platform and/or of all or part of the elements found on the Platform or incorporated therein is strictly forbidden.
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 one of the aforementioned signs is strictly forbidden and must be subject to prior written authorization from the trademark holder.
Some Products are subject to specific personal rights of use that regulate copying, public broadcasting, rental, etc. You must comply with the contractual terms and conditions applicable to these Products. You must respect the contractual conditions applicable to these Products and the Operator shall not be responsible for any use that may be made of these Products in this context.
Article 10 Personal data
The information and data concerning You are processed by the Operator. They are necessary for the management of Your account and Your access to the Service. The information necessary for the 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 11.1 Responsibility of the User
In general, the User shall indemnify the Operator for all direct and indirect damages suffered by the Operator as a result of the use of the Service, and shall hold the Operator harmless from any third party actions brought against the Operator as a result of the use of the Service and the purchase of Products on the Platform.
Article 11.2 Operator's responsibility - Use of the Service
In accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of June 21, 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 hyperlinks, descriptions of Products or assessments that the User makes of the Professional, unless it does not promptly make such content inaccessible after being informed of its illegality in accordance with the conditions provided for by this law.
The Operator shall endeavor to ensure maximum availability of the Service. However, the Professional and the User are warned of the technical hazards inherent in the Internet and the interruptions in access that may result, and expressly accept this. The Professional and the User also acknowledge the need to interrupt the Service for maintenance purposes, particularly 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 under an obligation of means. The Operator's obligations and warranties as set forth herein are exclusive of any other warranty(s), express or implied, statutory or otherwise, relating to, among other things, the condition, performance, fitness for a particular purpose or quality of the Service provided.
Article 11.3 Limitation of Operator's Liability
The Operator may only be held liable by the User for events directly attributable to the User. The Operator shall in no case be liable for consequential damages. Indirect damages include loss of profit, income or revenue, loss of opportunity to sell Products, inability to use systems and networks, loss of goodwill or damage to reputation.
In any event, the total amount of damages that the Operator may be ordered to pay to a User, for all causes and all losses, under an Order, is expressly and globally limited to the amount of this Order. In all cases, it shall be the User's responsibility to prove that the Operator's contractual fault is the direct cause of its loss.
It is expressly agreed that the Operator's liability may only be incurred by the User for a period of one (1) year from the date of knowledge of the damage, after which all rights are barred.
The Party claiming a 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 claim a reduction in damages.
Article 12 Convention on Evidence
The Parties agree that the recordings made by the Operator's and its service providers' equipment as well as the electronic exchanges shall be deemed 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 messages to the Service, etc.) may be kept and archived by the Operator for evidentiary purposes. Such records shall, until proven otherwise, have the same evidentiary force as a written document signed on paper, both as to their content and as to the date and time they were made and/or received.
Unless otherwise specified, deadlines are expressed in calendar days.
The French version of this User Agreement prevails over any other version translated into another language.
In the event that one or more of the provisions hereof shall be or become invalid, void, unlawful, unenforceable or unenforceable in any manner whatsoever, the validity, legality or enforceability of the remaining provisions hereof shall not be affected or impaired thereby. In such event, however, Operator shall incorporate a new clause which shall have the effect of restoring the intent as expressed in the original clause in accordance with applicable laws and regulations.
Any waiver by either party of any of its rights, powers or privileges must be in writing to be effective 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. In accordance with Article 1216-1 of the French Civil Code, the User expressly agrees that the transfer of the Contract releases the transferring entity for the future.
For any complaint related to the Service, please contact us by email at: firstname.lastname@example.org.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 laws provisions. The Parties expressly agree to exclude the application of the United Nations Convention on the International Sale of Goods (1980) to this Agreement and the performance of their obligations, to the extent that such convention is applicable.
Any dispute that could not be settled amicably will be under the exclusive jurisdiction of the Courts of Toulouse.
APPENDIX 1: PAYMENT SERVICES FRAMEWORK CONTRACT
The general terms and conditions of sale and use of our payment provider Stripe are available at the following address https://stripe.com/fr/legal.