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Terms and Conditions of Use and Sale

Foreword

The purpose of the Terms and conditions of Use and Sale is to define the conditions under which Clac des Doigts makes available its different services (hereinafter the “Services”) to Users, from which they benefit and can use while browsing:

• The Website and/or
• one of its phone applications (hereafter the “Apps”)

Terms and Conditions of the Website, distance selling and service delivery

Clac des Doigts is a simplified joint stock company with a capital of 20,065.00 euros, registered with the RCS of Paris under number 810 580 514.

The Company has designed an application via Short Message Service (SMS; “text”), of which the purpose is, but not limited to, to offer a concierge service to users, enabling them to have goods delivered to them or to reserve a service in return for membership in a subscription.

These Terms and Conditions of Sale and Use (hereinafter “T&Cs”) are enforced on the date they are placed online and apply from the first usage of the Website.

They constitute a binding agreement between you and Clac des Doigts. These Terms and Conditions are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.

Preliminary clause: Definitions

Each term beginning below with a capital letter is followed by its definition.

Genie: any physical or legal person in charge of receiving and processing requests from users

Merchant: seller or initial service provider

Delivery genie: deliverer

User: any adult physical person or legal person who accesses, visits or uses the Service or one of its functions

Company: Clac des Doigts, creator and owner of the Service

Service: concierge service that allows you to make a request for product delivery or provision of a service

Party: designates cumulatively or alternately the User, the Company or the Merchant

1 – Acceptance and modification of the T&Cs

The Service is provided on the condition that Users accept the T&Cs. By the simple fact of using the Service, Users are deemed to have accepted the T&Cs. These T&Cs only govern purchases and services made in mainland France.

Users are invited to regularly familiarize themselves with and carefully read the latest version of the applicable T&Cs.

Any modification of the T&Cs is notified electronically to Users who are free to refuse their use and thus terminate their subscription.

In the absence of express refusal by Users of the T&Cs, these will be enforced as of the next use of the Service.

These Terms of Use constitute a contract between Clac des Doigts and the User.

In the event of non-compliance with the T&Cs by the User, the Company reserves the right to suspend access to the Website services and/or Apps without notice.

If one or more provisions of the T&Cs are held invalid or declared as such under a law, regulation or following a decision of a competent court, they will be deemed unwritten and the others will remain in force.

2 – Purpose

The purpose of the Service is, but not limited to, to allow the User by means of remote communication (Website, Apps, chat, text) to solicit the Company to carry out the request of a product delivery or the performance of a service.

To this end, the Company acts as a transparent intermediary between the User and the Merchant.

In the event of a problem relating to the delivery of a defective product or the performance of a service that isn’t in accordance with a request, the User must contact the Merchant concerned, without prejudice to the rights of withdrawal available to them in accordance with the legislation.

3 – Website subscription conditions and ordering methods

3.1 Before placing an order, the User must first register on the Website www.clacdesdoigts.com, using the form therein and fill in their last name, first name and bank details. Any registration for the Service includes a non-binding subscription to the Clac des Doigts concierge service.

Accessing and using the Clac des Doigts Service involves completing a subscription form, as well as the creation of a user account, allowing the subscriber to sign in.

The account will only be validated once a valid means of payment has been entered, enabling direct debit of instalments.

An account corresponds to an identifier, associated with a password, which are both for the strictly personal use of the subscriber. They allow any subscriber, via a dedicated interface, to subscribe/modify their personal information or terminate their subscription.

Once the account has been created, Clac des Doigts will send an acknowledgement of receipt to the email address provided in the subscription form, as a confirmation of the acceptance of the subscription request.

In case of non-receipt of said email: send an email to contact@clacdesdoigts.com In order for their registration to be validated, the User must accept, by clicking on the place indicated, these T&Cs.

3.2 The User’s order is only validated and their credit card debited after having given their express approval on the price corresponding to the product or the service requested, which the Company communicates to them by text, email, chat or Messenger.

Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, especially due to non-payment, an incorrect address or another problem on the User’s account, the Company reserves the right to block the User’s order until the problem is completely resolved.

If a request for a certain product or service is unavailable at the time, the User will be informed by text.

The User is informed that the products and services are offered for sale within the limits of their availability.

The unavailability of a product or service will not give rise to any compensation.

In general, the User accepts and acknowledges that the effectiveness of the service is not guaranteed by the Website.

If the service cannot be provided, the User is informed at the same time as they make their request.

Considering the large number of requests received by the Website, if the service cannot be performed immediately or the goods delivered, the User is placed on a waiting list and served according to:

• the level of difficulty of the order,
• the availability of the products ordered.

The User is informed and accepts that their personal information – last name, first name, e-mail, phone number, civility, mail address – are communicated to the Merchant and/or any other person enabling the progress and the successful completion of the order.

For any questions concerning the status of an order, the buyer must call (+33) 06 95 71 84 66 (the cost of a local call). 

The Company confirms the order summary to the User through:

– text,
– email,
– chat,
– messenger,

thus confirming the express commitment of the Parties.

4 – Acceptance of the quote

The provision of the User’s credit card number online, the final confirmation of

the order by text, email, chat or messenger, and the acceptance of the debit by double-clicking on the payment link constitute proof of the agreement between the Parties. Confirmation of the order is materialized through the acceptance of the offer. Acceptance of the offer implies acceptance of the request. Sending the word “Clac” allows you to definitively confirm your order after having checked it and, if necessary, corrected. You are committed to your order as soon as you send the word “Clac”.

And shall constitute:

• Payability of sums due under the purchase order;
• Signature and express approval of all transactions carried out;

The User is informed that their usual means of payment is the default means of payment used in the payment link sent when confirming the order. It is therefore the User’s responsibility when validating the payment link to ask their Genie about the default payment method.

In the event of fraudulent use of the credit card, the User is invited to contact (+33) 06 44 60 99 90 as soon as this use has been declared. 

5 – Payment methods and proof of transaction

The Company uses the secure payment service provided by the Stripe Company (https://stripe.com/en/privacy), whose head office is located at 3180 18HT Street, Suite 100, San Francisco, CA 94110, USA. Confidential data, such as the 16-digit credit card number, the expiration date and the CVV code, are directly transmitted encrypted to the bank’s server.

The Company does not have access to this data.

5.1 Any invoice requests must be addressed directly to the Company.

In order to ensure the security of transactions and act upon fraud prevention in online

sales, the Company may be required to carry out security checks on orders. The Company reserves the right to suspend any order management and any delivery in the event of a refused payment authorization by officially accredited organizations or in the event of non-payment.

The Company also reserves the right to refuse to make a delivery or to honor an order from a User who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The Company reserves the right when; Content of a high risk of fraud or any suspicion of based on internal processes at Clac des Doigts; Unilaterally, to suspend or refuse any accounts or orders.

The Company has implemented an order verification process to ensure that no one is using another person’s bank details without their knowledge.

As part of this verification, the User may be requested to send the Company by fax or email a copy of an identity document as well as proof of address. The order will be validated by the company only after receipt and verification of the documents sent.

5.2 The computerized records, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.

The filing of purchase orders and invoices is carried out on a reliable and durable backup medium that can be produced as evidence.

6 – Service subscription prices

6.1 Access to and usage of the Service is strictly subject to the registration of a

non-binding subscription, in accordance with Clause 3. Our current subscription offers are available on our website and are split into 3 categories:

– Pro Monthly Subscription

– Pro Annual Subscription

– Monthly Business Subscription *

6.2 Individual Monthly Subscription

The monthly subscription of €50.00 (price excludes special offers) begins on the day of the individual’s registration, subject to payment, for a period of one month from date to date. It is renewed by tacit agreement, for successive periods of one month, from date to date, unless terminated by Clac des Doigts or by the User.

The termination of the Subscription by the User is carried out through their Personal Page or by contacting contact@clacdesdoigts.com.

6.3 Individual Annual Subscription

The annual subscription of €400.00 (price excludes special offers) begins on the day of the individual’s registration, subject to payment, for a period of one year from date to date. It is renewed by tacit agreement, for successive periods of one year, from date to date, unless terminated by Clac des Doigts or by the User.

Clac des Doigts will inform the User by email of the possibility of not renewing their contract with a tacit renewal clause three to one month(s) prior to the end of the renewal period, allowing for the refusal of subscription renewal. This information, delivered in clear and understandable terms, mentions, in a distinct box, the deadline for non-renewal. The User therefore agrees to keep their email address of their Clac des Doigts account up to date. If this information has not been sent to the User in accordance with the provisions of the first paragraph, the User may terminate the contract free of charge at any time from the date of renewal.

The termination of the Subscription by the User is carried out through their Personal Page or by contacting contact@clacdesdoigts.com.

6.4 Monthly Business subscription

The contract signed concerning the business subscription between the Clac des Doigts contractors and a third company will prevail over all or parts of these T&Cs.

Sending a text message is free outside of carrier charges.

Product and service prices are communicated to Users once the ordering process has started via text message.

The price quoted in the text message in response to the User’s request includes additional costs to the product or service; such as delivery, packaging, preparation, and insurance.

Users are only debited after having given their express agreement on the nature of the product or service ordered and its corresponding price.

The prices take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of products and services online.

The full payment must be made when completing the order. At no time can the sums paid be considered as a deposit or down payment.

If one or more taxes or contributions – in particular environmental – were to be created, modified, increased or decreased, this change could have repercussions on the selling price of the products or services.

6.5 Other than subscription fees, Clac des Doigts does not include any concierge fees, other than in the following cases:

-A move

-Urgent requests,

-Requests requiring the intervention of more than one partner or service provider,

-Requests that take our Genies more than thirty minutes to process,

-Ticketing and events,

-Complex requests at the discretion of the Genie and Clac des Doigts.

The fees charged to the user are transparent and indicated on the invoice.

6.6 The express delivery service is currently only available in Paris and in certain nearby suburbs depending on courier availability.

6.7 If the User has registered prior to a change in these T&Cs, the monthly Individual and annual Individual subscription fees, excluding promotional sales and time limiting, will continue at the price of the initial subscription for a still indefinite period, excluding unpaid payments and interruption of subscription.

7 – Product information

The Service offers the provision and delivery of products and services of any kind as requested by the User, within the limits of compliance with the laws and regulations in force.

The following products are excluded from the sale (but are not limited to): cigarettes, cigars, cigarillos.

The Company is the holder of a license authorizing alcohol delivery. No alcoholic beverages may be sold or offered to minors under the age of 18. For each alcohol order, the Company will request a piece of identification from the User in order to justify their age. Over-consumption of alcohol is dangerous for your health: consume in moderation.

8 – Terms of delivery or performance of a service

The delivery of the ordered product or the performance of the service is only made after the Company’s banking organization has received confirmation of payment.

8.1 For the delivery of a product:

The products ordered are delivered by a courier, depending on the size and weight of the products ordered and at the exclusive initiative of the Company. The User is responsible for the information and validation of the suggested courier. If the product is not transportable given its weight or volume, due to a lack of information from the User that misled the Genie, Clac des Doigts cannot be held responsible. By default, the couriers selected are 2-wheel couriers that can carry a package of a maximum size of 30cm x 30cm x 3cm and 7 kg. For larger packages, the User will be responsible for claiming a private vehicle.

8.2 For the completion of a service:

The service is provided to the address indicated by the User on the order form, of which the User must ensure its accuracy. Any trip that results in a loss for the service provider due to an incorrect or incomplete address provided and receiving no response after 2 phone calls to the contact indicated or to the User, will result in the User being billed for the loss.

The goods to be delivered will then be stored according to the region and delivered again at the expense of the User and upon their request. Any item stored without prior agreement for a period of more than one year will be destroyed.

8.4 All travel, ticketing, and transport services are subject to permanent fluctuation in prices and availability. The quotation announced is recorded on the day of its issue and subject to the availability of the service provider, and can only be validated with the reservation confirmation by the Company. These quotes are then estimates and do not constitute a commitment on the part of the Company.

8.5 The User can, if they request so, get an invoice sent to their billing address and not to the delivery address, by validating the option provided for this reason on the order form.

9 – Company obligations and responsibilities

9.1 The Company is committed to bringing the utmost care and diligence necessary to provide a quality service.

9.2 However, the Company only responds to an obligation of means in which the services or product deliveries will be carried out in strict compliance with the professional rules in use, as well as, where applicable, in accordance with the conditions of the order made. The Company cannot be held responsible for the actions of the Merchants.

9.3 The Company’s civil and criminal liability will not be incurred in the event of fault attributable to the User. The following cases constitute faults, but are not limited to:

• Misuse of the service
• Disclosure or illicit use of the account created

9.4 The User accepts that (i) it is technically impossible to offer a Service free from any defect and that the Company cannot commit to this end, (ii) defects may make the Service temporarily unavailable, and that (iii) the functioning of the Website may be affected by events and/or problems over which the Company has no control.

The Company may, at any time, modify or interrupt, temporarily or permanently, all or part of the Website to perform maintenance and/or make improvements and/or modifications to the Site. The Company declines all responsibility for any modification, suspension or interruption of the Website.

9.5 The Company is committed to communicating all the necessary information on the service provider used in the event of a dispute.

10 – User obligations and responsibilities

10.1 The User is the sole responsible for the usage of the Service, the information transmitted, used and updated. The User ensures that third parties do not use the text message service from their mobile, or they can contact the Website operators as soon as possible via the “Contact” section in the event of loss or theft of their cell phone.

The User is the sole responsibility for how their account is used. Any access or use of the services made from a User’s account will be deemed to have been made by the latter.

The User especially agrees to: 

Provide sincere and true information; 

Send the Company all the information and documents required for the functioning of the Service.

10.2 The User alone bears the consequences of any fraudulent use of their account.

10.3 The User is responsible for paying the Company the amount corresponding to the sum of their order.

Otherwise, the Company reserves the right to suspend the Service without notice.

10.4 The Company reserves the right to make security checks on the compliance of the

User’s use of the service with these provisions.

10.5 The User understands and is committed not to disclose any information relating to the service.

This information is confidential and therefore constitutes trade secrets.

11 – User warranties

11.1 The Merchant supplying the product (ordered through the Website) is the guarantor

of the conformity of the goods which the User has ordered via text message. The User can therefore make a request exclusively to them under the legal guarantee of conformity provided for in articles L.211-4 and following the Consumer Code or the guarantee against defects of the item sold within the meaning of articles 1641 and following the Civil Code.

In case of implementation of the legal guarantee of conformity, it is recalled that:

• The User has a period of 2 (two) years from the delivery of the good to act;
• Given the specific nature of the Company’s activity, the User may request the replacement of the product delivered, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;
• The User is exempt from providing proof of the existence of the lack of conformity of the product during the 6 (six) months following delivery of the product;

In addition, it is recalled that:

The legal guarantee of conformity is independent of the commercial guarantee indicated below;

• The User may decide to implement the guarantee against hidden defects of the item delivered, by taking action against the manufacturer or seller within the meaning of article 1641 of the Civil Code. In this case, they can choose between cancelling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
• The products sold are also covered by a commercial guarantee aimed to guarantee their conformity and ensure the reimbursement of the purchase price, replacement or repair of the products by their seller.
• This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

The User is expressly informed that the Company is not the producer of the products presented within the meaning of Law number 98-389 of May 19, 1998 on liability for defective products.

12 – Your rights

12.1 In accordance with the provisions of the Consumer Code, the User has a period of 14 (fourteen) working days from the date of registration for the Clac des Doigts concierge subscription service, to terminate the said subscription and request reimbursement without penalties.

In order to benefit from the Clac des Doigts service during the withdrawal period, the User must expressly waive their right of withdrawal. The waiver of the right of withdrawal by the User will be valid if, and only if, it is communicated to the Company through the following media:

– Paper mail with acknowledgment of receipt

– CD / DVD / USB stick

– Email

12.2 As a transparent intermediary, in the event of an incident or problems of any kind following the mistreatment of a service by a partner recommended by Clac des Doigts, Clac des Doigts cannot be held responsible for this incident.

Any condition of sale after Clac des Doigts has linked a service provider with a client will then be governed by that of the provider used and validated by the customer during the service. Likewise, any reimbursement, credit or repair on a product or service other than those produced by Clac des Doigts, is also governed by that of the service provider.

Clac des Doigts will provide all the necessary information in order to contact the service provider. Clac des Doigts reserves the right to accompany free of charge all claims for compensation on one of the service providers it has used by implementing the means at its disposal in order to satisfy its customer.

13 — User privacy policy

13.1 All User information is used only in the context of its commercial relationship with the Company.

The information comes from the voluntary registration of an email address or a postal address when placing an order.

This information is never sold.

The Company informs the User that it may communicate its data to ensure the delivery of orders, certain aspects of after-sales service, and to carry out satisfaction surveys.

13.2 The Company is committed to comply with the privacy of your personal data and to treat it in accordance with the Data Protection Act of January 6, 1978. A declaration has been made to the CNIL (2022038 v 0).

The User may request at any time for their information to get deleted by sending an email to contact@clacdesdoigts.com.

 14 – Property

The User only owns the product after the payment has been made of all amounts due.

Until that date, the User may not, without express prior authorization, resell or transfer it.

The Professional may make the said authorization to guarantee payment of the sums remaining due to them, subject to certain conditions.

Notwithstanding any provision to the contrary, in the event of non-compliance by the User with one of the payment deadlines, the Professional, without losing any of their rights, may demand, through a simple registered letter, the return of the products at the expense of the User, and this until the full payment of all due sums is made. 

This clause is accepted at the time of the order (with the extension of damages) in the event of material recovery that suffered damage during commissioning.

15 – Account closure & termination of the subscription

The User only owns the product after the payment has been made of all amounts due.

Until that date, the User may not, without express prior authorization, resell or transfer it.

The Professional may make the said authorization to guarantee payment of the sums remaining due to them, subject to certain conditions.

Notwithstanding any provision to the contrary, in the event of non-compliance by the User with one of the payment deadlines, the Professional, without losing any of his rights, may demand, by simple registered letter, the return of the products at the expense of the User, until execution by the latter of all of its commitments.

This clause is accepted at the time of the order (with the extension of damages) in the event of material recovery that suffered damage during commissioning.

16 – Force majeure

Any event beyond the control of the Parties and which is impossible to foresee and overcome, within reason, will be considered an event of force majeure in accordance with the provisions of article 1218 of the Civil Code.

 17 – Mediation

In the event of a dispute concerning these T&Cs, the User has the option of using a consumer mediator free of charge in accordance with Articles L612-1 of the Consumer Code.

A list of approved mediators is available on the consumer mediation website accessed through the following address: https://www.economie.gouv.fr/mediation-conso/mediateurs-references#secteur%2014

The User also has the possibility of lodging a complaint via the online dispute resolution platform (called the “ODR” platform) accessible through the link below: https://ec.europa.eu/consumers/odr /main/?event=main.complaints.screeningphase

In the event of a failure in appointing a mediator or the mediation itself, the most diligent Party can apply to a competent court.

18 – Applicable law and jurisdiction

These T&Cs as well as all the contractual information mentioned on the Website subject to French law.

In the event of a dispute or dispute between the Parties, they will endeavor, in good faith, to reach an amicable agreement.

19 – Inception of T&Cs

These general conditions entered into force on 07/09/2019.

The list of Clac des Doigts’ partners is on its tendering platform “Member’s Page”:

Clac des Doigts reserves the right to accept or not the referencing of a partner on its tendering platform, accessible by all of its subscribers, on mainly subjective criteria:

-An interesting offer for Clac des Doigts subscribers

-Reactivity of the service

-Service quality

-Pricing

-Reliability of the service

-Has a repayment schedule established beforehand and a competent after-sales service

-The image and values ​​conveyed by the service

-The company must exercise a legal activity

Listing a partner on the Clac des Doigts’ “Member’s Page” platform is set at a reference fee of 300 euros (excluding tax) per year, which can be adjusted according to the requirements of the co-contractors. This remuneration influences the partner’s position and the frequency of their presence in promotional emails but does not give them an advantage over the concierge service’s offers.

The delisting of a partner on the Clac des Doigts’ “Member’s Page” tendering platform can be made:

-In the event of a breach of any of the obligations. If the co-contracting service provider is the source of the breach, Clac des Doigts reserves the right to de-reference it without compensation. Otherwise, the Parties will have to refer to the clauses of the contract.

-In the event of a breach or change of the subjective criteria recognized by Clac des Doigts towards its partner during the Company’s re-selection, Clac des Doigts then commits to reimburse pro-rata for the remaining months of their subscription.

-On the expiry date of the contract.

Selection of Clac des Doigts’ partners and service providers for its concierge service:

Given its tailor-made, multidisciplinary and non-quantifiable activity in terms of the range of services, the selection of service providers is based on the following subjective elements.

-Geographical area

-Reactivity of the service

-Service quality

-Pricing

-Reliability of the service

-The image and values ​​conveyed by the service

-The company must exercise a legal activity

-Consumer opinions

The identification of the service provider is available at the customer’s request or when the Genie announces the quote. The customer can exclusively request to use a provider according to their preferences.