Terms of Sales monpanierbleu.com

Terms of Sales monpanierbleu.com

Cap@city is a joint stock company with a single shareholder, whose registered office is located at 7 rue Jean Haddad Simon in Cannes, registered at the Trade and Companies Register of Cannes under the number 823 567 235 ("Cap@City "). Via the platform monpanierbleu.com (hereinafter "the Platform and / or the Site"), Cap@city provides an intermediation service between artisan sellers and / or professional traders partners, referenced and subject to the Charter monpanierbleu .com, accessible on the site www.monpanierbleu.com (hereinafter the "Sellers") and individual consumers (hereinafter "Buyers"), collectively referred to as the "Users".

The service offered by Cap@city (the "Service") facilitates the connection between Sellers and Buyers and allows them to order food products from the Vendors referenced on the Platform (hereinafter "the Products") and then Pick them up in the shop or have them delivered.

Cap@city allows the User to market or purchase Products referenced on the Platform, depending on whether the User uses the Service as a Seller or Buyer.

By using the Service of Cap@city, you accept these General Terms and Conditions, some of which apply to you as an User, while others, more specific, apply to you as a Buyer or Seller.

Thank you for reading them carefully.

1/ Définitions

Terms beginning with a capital letter in the General Conditions shall have the meanings defined in this Article.

2/ User account

a) Creation of an account

As such, the creation of an Account is not necessary for the access and consultation of the Platform by the User. It is, however, to allow (i) the Seller and its Products to be referenced on the Platform and to enable (ii) the Purchaser to make an Order.

b) Responsibilities related to the account

The creation of the Account assumes to register certain data in particular the personal data as indicated on the Site. The requested data differs depending on whether the User is using the Service as a Buyer or as a Seller.

The User acknowledges that the use of the identifiers associated with his Account is entirely his responsibility.

As such, the User guarantees that the person creating the Account has the power and authorization to commit.

Accordingly, the User agrees to (i) immediately inform Cap@city of any unauthorized use of the password and / or the Account and / or any other security breach at the following email address: info @ Monpanierbleu.com and (ii) not to impersonate another User, or (iii) provide access information to a third party other than a Duly Authorized Person to access the Account ("Duly authorized to access Account "). For the purposes of this Agreement, a Person duly authorized to access the Account means, in the event that the User is a Vendor, an employee, representative, consultant, subcontractor, or agent duly authorized by the Vendor referenced to access his Account, provided that such access is necessary for the access and / or use of the Service by the Seller. In addition, the User undertakes not to decipher, decompile or reverse engineer to discover or attempt to discover the source code of any software that makes up the Service.

c) Inaccurate information transmitted

Cap@city cannot be held liable for false information communicated by a User (in particular, but without limitation, when creating the Account or entering an Order).

In particular, in the event of inaccurate information being transmitted, Cap@city reserves the right to terminate "ipso jure" its referencing, without prejudice to any other recourse.

Cap@city also reserves the right to refuse the creation of an Account for any reason that it considers valid.

3/ Service

Cap@city provides the Service and makes the Site available in accordance with the General Terms and Conditions. The Service includes Standard Features and, if applicable, Optional Features, as listed below.

3.1 Service provided to Sellers

a) Standard features :

·       Opening of virtual store space (excluding creation with texts, pictures, video...),

·       Training in the use of the Platform and the Control System,

·       Communication of a report indicating the volume of Orders and turnover generated by the virtual shop space (every fortnight),

·       Messaging system allowing dialogue with Buyers,

·       "Shopping list" feature that allows Users to email their shopping list to myblackwhich will make a proposal. If accepted by the User, cash on delivery.

b) Optional features

In coordination and/or on the indication of the Sellers:

- Creation of the virtual store space (texts, photos, video...)

- Referencing of Products,

- Referencing of the prices of the Products,

- Follow-up of promotional offers,

- Realization of photos and videos of the shop or the physical commerce of the Seller and the Products offered on the space of virtual shop,

- Analysis of usage data and recommendations for the improvement of the Seller's offer and sales strategy,

- Buyer loyalty, which may include e-mailing campaigns, social networks, and/or installation of boxes in shops.

The execution rules and rates associated with the above optional features, if selected by the Vendors, are detailed in the Particular Terms and Conditions, signed between Seller and Cap@city.

3.2 Service provided to Buyers

a) Standard features

·       Access to the Site,

·       Registration and creation of a User account,

·       "click and collect" products included in an Order at the Seller’s shop, and whose mailing address is detailed in the said Order,

·       Messaging system allowing dialogue with the Vendors

·       Payment super-basket

·       Multi-screen mode for continuity of purchases (is logged to your personal account)

·       Rating system of Sellers to which the Purchaser has placed Order.

b) Optional feature: delivery of the Products

Delivery at home, at the place of work or at any other address specified by the Buyer at the time of placing the Order, is a paying function in addition to the Order Price, eligible from twenty-five (25) euros of purchase, for the lump sum of ten (10) euros including all taxes per Order and charged to the Buyer. The delivery if OFFERED and included in the Service Fees as from fifty (50) euros of purchase on monpanierbleu.com platform. The delivery is carried out by vehicles of Cap@city company, from Tuesday 12.30pm to Sunday 2.30pm included. Two delivery slots are to be chosen by the User: 12.30pm - 2.30pm, or 6.30pm - 8.30pm. The Products ordered and paid for by the User on the Platform will be delivered in one of these slots, except in case of Force Majeure, or otherwise indicated by telephone with the monpanierbleu.com deliverer.

It is specified that the delivery can only be made for addresses located within the geographical perimeter indicated on the Site. From 15 April 2018, two catchment areas will be set up: the "Cannes" area: from Théoule s / mer to Antibes and Grasse. The "Nice" area from ​​Cagnes s / mer to Roquebrune-Cap-Martin and Vence, also including Monaco. Warning: if your delivery address is located in one of these areas, and you want to order a product from a Seller located in another area, additional delivery costs of twenty-five (25) euros will be required.

4/ Order

a) Validation of an Order

Before any Order, the Buyer identifies himself by connecting to the Site, via his Account (if existing) by means of his identifiers and passwords, or in the absence of Account by providing all the necessary information requested to place Order (possible via the Buyer's Facebook account).

When the Order is finalized, the Buyer is able to select and verify various information, including the following:

·       the names and locations of the selected Seller (s);

·       the date of execution of the Order;

·       the date and time slot of withdrawal or delivery;

·       the Product(s) included in the Order (type, price, quantity);

·       the summary of the Order;

·       the choice of withdrawal of the Product (s) (point of sale or delivery);

·       the indication of the address and delivery instructions, if applicable;

·       the method of payment envisaged (Visa or Master Card).

·       the price of the Order.

b) Payment and delivery

The price of the Order is indicated on the Site, excluding additional delivery charges and services fees, under the heading "Confirmation of Order" on the Site.

The Buyer may, at its discretion, elect to withdraw the Products at Seller's Point of Sale (free of charge), or opt for delivery (at a charge) at home or address of his work, to be located within the defined geographical perimeter on the site.

To the extent that the delivery is chosen by the Buyer and provided that the total amount of the Order exceeds the required minimum of fifty (50) euros, necessary for the exercise of the delivery option, delivery charges are INCLUDED in the total amount of the Order and charged to the Buyer.

In any case, a service charge is added to the price of the Order and represents (i) for the Seller, by Order, the charge as defined in the Specific Terms and Conditions, and (ii) for the Buyer, ten (10%) of the price of the Order up to a limit of twenty-five (25) euros including all taxes per Order.

The Buyer shall pay the total price of the Order, including the charge, by credit card, in cash, via a sequestration system and, where applicable, via the Mangopay third-party payment service detailed in Article 4 .d).

c) Order confirmation

The Buyer has the possibility to verify the detail, the total price and to correct any errors before definitively validating the Order (double click).

Once validated, the Order is confirmed by the Purchaser by sending an email or SMS summarizing the legal pre-contractual information mentioned in Article L. 121-17 I of the French Code de Commerce.

The amount corresponding to the Order is placed under sequestration and is debited to the Buyer's bank account only after confirmation by the Seller of the execution of the Order, by email and / or SMS.

In the event that the Seller does not accept the Order, for whatever reason, the Account will automatically be re-credited with the amount withdrawn.

d) Use of the Mangopay payment service provided by the Electronic Money Issuer Leetchi Corp S.A

For the purposes of the Service, Cap @ city uses the electronic money payment service "Mangopay", supplied by Leetchi Corp SA (hereinafter "the Electronic Money Transmitter"), a company incorporated under Luxembourg law with capital With registered office at 59 Boulevard Royal, L. 2449 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B173459, authorized to carry on business in France as a Electronic money, and approved by the Financial Sector Supervisory Commission, 110 route d'Arlon L-1150 Luxembourg, www.cssf.lu.

Mangopay means the API (Application Programming Interface) programming interface made available to Cap @ city by the Electronic Money Transmitter and allowing the Purchaser, where applicable, to pay for Orders placed on the Site by issuing Electronic money.

To the extent that Buyer elects to use the electronic money payment service available on the Site, the latter accepts the Mangopay Terms and Conditions available at the following link: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf.

e) Delivery of the Order

If the Buyer opts for delivery, the delivery time is indicated in the confirmation email. The Buyer undertakes to be available to receive the Products at the indicated address and at the delivery time indicated on the Order. In the contrary case, the Products will be returned to the Seller (s) concerned, to be charged to the Purchaser to go to the shop or in the trade of the Seller (s) concerned for withdraw them without the liability of Cap@city and / or Seller (s) to be sought in the event of total or partial deterioration of the Products (in particular for perishables), or that no refund or compensation for the Purchaser.

f) Right of withdrawal and cancellation of an Order

Given the perishable nature of the Products sold on the Platform, the right of withdrawal provided for by Article L. 221-28 of the French Code de la Consommation cannot be exercised.

However, when non-perishable products are ordered via the Platform, the Buyer may withdraw from these products only within the legal period of fourteen (14) days after receipt of these products, without having to give reasons nor to pay any penalty. The delivery and return costs will nevertheless remain the responsibility of the Buyer. After notification of the Buyer's decision to exercise his right of withdrawal within fourteen (14) days, which must be communicated to Cap@city via the form available online, the Buyer will have another time of fourteen (14) days to return the product (s) concerned by the withdrawal, failing which the withdrawal shall be deemed to have lapsed.

g) Phone Order and payment at delivery

Since June 1st, 2018, Users can place an order by phone from Tuesday to Saturday at (+33) 0489688489, for a delivery from Tuesday 12:30 to Sunday 14:30 under the termss set out in this Article 4. This possibility is subject to opening prior to a user account on the Site, in order to verify the information given by the User.

Payment is made at the Delivery of products ordered by credit card, IZettle secure payment terminal. The total amount due for any Telephone Order shall include the service charges defined in this Article 4, plus 2%. An electronic invoice is sent to the User after payment validated by SMS or email. 

The amount of the phone order MUST be fully paid at delivery. No cancellation possible for phone orders.

5/ Providing sellers with a space for pre-contractual information obligations

Cap@City undertakes, by an obligation of means, to place at the disposal of the Sellers a space enabling them, under their sole responsibility, to communicate to the Users all the pre-contractual information provided for in Article L. 121-17 of the French Code de la Consommation, including the information mentioned in Articles L. 111-1 and 111-2 of the French Code de la Consommation (and in particular with regard to the right of withdrawal, the essential characteristics of the Product, the price of the Product, the Date or time of delivery, information about the Seller, information on legal guarantees, where applicable, and the possibility of using a consumer mediator).

6/ Warranties beneficiating to Users

The User agrees to comply with all applicable laws, treaties and regulations regarding the use of the Service.

The Seller warrants to supply products that comply with applicable regulations. It also declares that it complies with the regulations applicable to consumer protection, its commercial activity, its services and products (in particular the guarantees of conformity referred to in Articles L. 217-4 et seq. of the French Code de la Consommation and 1641 of French Civil Code) as well as the regulations applicable to the protection of personal data, privacy and electronic communications

7/ Personal data

For the purposes hereof, the terms "controller", "subcontractor", "personal data" and "processing" shall have the meaning provided by Law 78-17 of 6 January 1978, as amended Law "Informatique et Libertés" and by the General Data Protection Regulation ("GDPR"), which came into force on May 25, 2018.

Personal data communicated to the Seller by Cap@city, as well as any data collected or produced in connection with the use of the Service, shall not be processed for purposes other than those provided for in the Privacy Policy.

The Seller shall be considered responsible for the processing of the personal data of its Buyers, in respect of the use of the Service. In this respect, the Seller undertakes not to reuse, assign or make available to third parties, for any reason whatsoever, for purposes other than the processing of Orders placed through the Service.

Similarly, as the web hosting institution, Cap@city shall be considered responsible for processing personal data that it may have to process in connection with the use of the Service, it determines the purposes and means thus carried out.

The Seller undertakes (i) to process personal data only for the sole purpose of the Service; (ii) not to disclose the personal data processed to third parties, except with the prior agreement of the Purchaser and (Iv) to notify Cap@city without delay of any request for disclosure of data issued by an authority, (v) Not to host, transfer to and / or otherwise grant access to personal data to an entity, subcontractor or any other person located in a country that does not provide an adequate level of protection within the meaning of the legislation without the prior written consent of the Buyer and / or Cap@city, (vi) to take all technical, physical, logical, organizational and procedural measures necessary to ensure confidentiality and protection against alter Destruction, dissemination or unauthorized access, and any other form of unlawful or unauthorized processing of personal data.

Cap@city declares and guarantees to implement the technical, logical and organizational measures necessary for the protection, the integrity and the confidentiality of the personal data for which it is responsible for processing.

Cap @ city declares and guarantees to implement the technical, logical and organizational measures necessary for the protection, the integrity and the confidentiality of the personal data for which it is responsible for processing.

8/ Intellectual Property

a.     Service and Site

All rights related to the Service, the Site and the Cap@city Content, as well as any modification and/or improvement, are the exclusive property of Cap@city.

Cap@city grants to the User, for the sole duration and solely the use of the Service and for France, a non-exclusive, non-transferable, non-transferable license to access and use the Service. Site and Content, for the sole purpose set forth in these Terms of Sales.

a) User content

The Seller grants to Cap@city a worldwide royalty-free, non-exclusive license to reproduce, modify, adapt and publish, for the duration and necessary requirements for the provision of the Service, the Seller Content for the purpose of promoting the Site and/or the Service.

As such, the Seller shall be solely responsible for the Seller Content and the resulting damages and ensure that it does not violate these Terms of Sales, the rights of third parties (including intellectual property rights) and / or any laws and regulations in force. The Seller undertakes not to use the Service and/or the Site to post, transmit, upload, link to, send or register any illegal, racist, hateful, abusive, defamatory, obscene or discriminating content. Could be considered as publisher of the Seller Content.

As a Buyer, the User may be required to publish content on the Site and in particular comments, notices and / or ratings intended to evaluate the Sellers (Buyer Content). With respect to these notices, Cap@city undertakes to provide fair, clear and transparent information on their publication and processing procedures. It is specified that in no case may Cap@city be considered as the publisher of such content and be liable in this respect.

By using the Service, Buyer warrants that the Purchasing Content does not violate the General Terms and Conditions, the rights of third parties (including intellectual property rights) and/or any applicable laws and regulations and undertake not to Use, or use the Service and/or the Site to post, transmit, download, link to, send or register any illegal, racist, hateful, abusive, defamatory, obscene or discriminating content. Cap@city cannot be considered publisher of Buyer Content.

b) Domain name

Cap@city may at any time change the domain name "monpanierbleu.com". In this case, the different contents (Buyer, Seller and Cap@city) will automatically be migrated to the new domain name chosen by Cap@city. The User hereby accepts such migration and the associated risks. Cap@city cannot be held liable for any loss or damage that may result.

9/ Suspension of Service

Cap@city reserves the right to suspend the Service and / or access to the Site (or any part thereof) (i) for any maintenance; (Ii) in the event of a breach or risk of a breach of security; (Iii) and / or in case of violation or suspicion of violation by the User of these General Conditions. Cap@city will endeavor to incur no liability in this respect.

10/ Compensation

The User agrees to defend, indemnify and hold harmless Cap@city against any legal, liability, loss, prejudice or cost (including attorney's fees) incurred in connection with the sanctions of regulatory or judicial authorities or fines imposed on Cap@city and / or brought against Cap@city by a third party arising out of or relating to (i) the User's use of personal data; (ii) the content it publishes and / or (iii) its use of the Site and / or the Service.

11/ Exclusion of warranties

Cap@city does not warrant that the descriptions of the Products are accurate, complete, reliable, current or error-free and that the Service and/or Site will operate uninterruptedly.

The User acknowledges that the liability of Cap@city cannot be incurred (i) in case of force majeure, as defined by article 1218 of the French Civil Code; (ii) for malfunctions linked to the Internet network and/or to the reception and/or issuing equipment of the Sellers and/or Buyers; Or (iii) incorrect and/or incomplete information provided by Sellers and/or Buyers.

As Cap@city is only an intermediary, it cannot be considered a reseller of the Products offered by the Sellers and part of the sales possibly concluded between the Seller and the Buyer.

12/ Limitation of liability

In no event shall Cap@city be liable under these Terms of Sales for any indirect loss, including loss of data, revenues, profits, use or other economic benefits, whether as a result of these Terms Sales, the Service or the Site, and including the use or inability to use the Service or the Site, or any interruption, inaccuracy, error or omission of the Service or of the Site, even if the party causing the damage has been notified beforehand of the possibility of such damages.

In any case, the liability of Cap@city against a User will be limited, in all causes and all damages combined, to the amount of the sums paid to Cap@city by the said User in respect of the Service, in the Twelve (12) months preceding the event giving rise to the alleged damage.

13/ Notifications

Any notification that is made by Cap@city is made to the e-mail address of the User who was entered during the Order and/or the creation of the Account.

Similarly, written notifications that may be sent by the User to Cap@city should be addressed to the following mailing address and/or e-mail address:

Mon Panier Bleu

Service Clients

7, rue Jean Haddad Simon

06400 Cannes

infos@monpanierbleu.com .

14/ Miscelaneous

These Terms and Conditions are governed by French law.

ANY LITIGATION, ACTION OR COMPLAINT ARISING OUT OF OR IN CONNECTION WITH THE PRESENT GENERAL CONDITIONS OF SALE OR THE SERVICE BETWEEN CAP@CITY AND THE SELLER SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE TRIBUNALS OF CANNES, FRANCE.

These Terms of Sales, as amended from time to time, in accordance with Section 10, together with the Specific Terms and Conditions, constitute the entire agreement between the User and Cap@city and supersede all previous negotiations, discussions or communications or present, written or oral, concerning the subject matter hereof. No text or information appearing on an Order Form, pre-printed form or document shall add or modify the terms and conditions of these Terms and Conditions.

If any provision of these Terms of Sales is considered by a court of competent jurisdiction to be invalid or unenforceable, such provisions shall be interpreted as far as possible to reflect the intentions of the invalid or unenforceable provision(s), all other provisions remaining in force.

The fact that Cap@city or the User does not rely on any right or stipulation of these Terms of Sales does not constitute a waiver of this right or stipulation.

Contact

Service Commercial monpanierbleu

7, rue Jean Haddad Simon

06400 CANNES

Update: October 13th, 2018

Cap@city ® - shares of 12500€ - SIREN 823567235 – 7 rue Jean Haddad Simon - 06400 Cannes / infos@monpanierbleu.com