Clac des Doigts is a simplified joint stock company with a capital of 14,852.00 euros, registered with the Paris Trade and Companies Register under number 810 580 514.
The Company has designed an application via Short Message Service (SMS), which purpose is, without limitation, to offer a concierge service allowing users to be delivered a good or to book a service in return for a commission.
The present General Sales and Use Terms and Conditions (GSUTC) shall come into force on the date of their on-line publication and shall apply as of the first use of the Website.
They constitute a binding agreement between you and Clac des Doigts.
These GSUTC are accessible at any time on the Website and shall prevail, if necessary, upon any other version or any other document signed by both parties.
Each term hereafter beginning with a cap letter shall have the meaning granted to it in its definition.
Seller: merchant or initial service provider.
Genius carrier: deliverer
User: any adult person or legal entity which accesses visits or uses the Service or one of its functionalities.
Company : Clac des Doigts, designer and owner of the Service.
Service; concierge service which allows to place a request for delivery of a good or performance of a Service.
Party : shall cumulatively or alternatively refer to the User, the Company or the Seller.
The Service shall be supplied subject to the acceptance by the Users of the GSUTC. The Users are deemed to have accepted the GSUTC by simply using the Service.
The present GSUTC shall govern the purchases and services made only in Metropolitan France.
The Users shall be invited to carefully and regularly peruse the last version of the applicable GSUTC.
Any amendment to the GSUTC shall be electronically notified to the Users who shall be free to refuse their application and terminate their subscription.
In the absence of express refusal by the Users of the GSUTC, such GSUTC shall apply as from the next use of the Service.
In the event of a breach by the User of the GSUTC, the Company reserves the right to suspend access to the service provided by the Website without notice.
Should one or several provisions of the GSUTC be considered non valid or declared as such according to a law, regulation or further to a decision issued by the competent court, they shall be deemed unwritten and the other provisions shall remain in force.
The object of the Service is, without limitation, to allow the User via a remote communication means (Website or SMS) to ask the Company to carry out a delivery of good or perform a service.
To this effect, the Company shall act as an intermediary between the User and the Seller.
Should a problem arise resulting from the delivery of a defaulting product or the performance of a service that does not comply with the order, the User shall contact the concerned Seller, without prejudice to his withdrawal right according to the law in force.
3.1. Before placing an order, the User shall register on the Website www.clacdesdoigts.com by using the form at disposal and fill in his last name, first name and bank data.
In order for his registration to be validated, the User shall accept the present GSUTC by clicking on the designated button.
3.2 The User’s order shall be validated and his credit card debited only after he gives his express agreement on the price corresponding to the requested good or service that will be communicate to him via SMS.
Any contestation on this point shall take place in the framework of a possible exchange and guaranties as mentioned below.
In certain cases, in particular default payment, wrong address or any other issue concerning the User’s account, the Company shall reserve its right to block the User’s order until full resolution of the problem.
In the event of unavailability of the ordered good or impossibility to perform a service, the User shall be informed by SMS.
The User shall be informed that the products and services are offered to the sale within the limit of their availability.
The unavailability of a good or service shall in no event give rise to any indemnity.
Generally speaking, the User shall accept and acknowledge that the effectiveness of the service is not guaranteed by the Website.
In the event that the service cannot be provided, the User shall be informed concomitantly to his request.
In light of the large number of requests placed via the Website, if the service cannot be performed or the good delivered immediately, the User shall be placed on a wait list and served according to :
the level of difficulty of the order ;
the availability of the ordered goods.
The User may be granted a VIP status, which terms and conditions are described on the Website, and such status shall grant him priority over the requests of other Users.
The User is informed and accepts that his personal data – last name, first name, e-mail, telephone, gender, address – be communicated to the Seller and/or to the Genius carrier.
For any query related to the follow-up on an order, the purchaser may call 06 95 71 84 66 (costs of a local call).
The Company shall confirm by SMS to the User the summary of the order, thus confirming the express commitment of the Parties.
The provision on line of the User’s credit card number and the final validation of the order by SMS shall evidence the agreement between the parties in accordance with the provisions of Law No. 2000-230 of March 13, 2000 and be worth:
- payability of amounts due under the purchase order;
- signature and express acceptance of all transactions carried out;
In case of a fraudulent use of his credit card, the User is invited to contact 01 85 09 75 89 immediately when he notices such fraud.
The Company uses the secure payment service provided by Stripe (https://stripe.com/privacy), having its registered office located at 3180 18HT Street, Suite 100, San Francisco, CA 94110, USA.
The confidential data such as the 16 digit credit card number, the expiry date as well as the CVV code shall be directly transmitted onto the server of the banking establishment.
The Company does not have access to such data.
Confirmation of the order results from the acceptance of the quote.
The acceptance of the quote shall entail acceptance of the request. Clicking of the “Clac” word shall finally confirm your order after its checking and possible amendment.
Your order shall be binding upon you once you click on the word “Clac”.
5.2 Any request for an invoice shall be directly sent to the Company.
In order to secure the transactions and to prevent frauds in distance sales, the Company may carry out controls on the orders.
The Company reserves its rights to postpone the treatment of any order or delivery in case of refusal of payment authorization from the officially accredited organisms or in case of non-payment.
The Company also reserves its right to refuse to deliver or to xxx an order from a User who failed to totally or partially pay the previous order and with whom a payment litigation is pending.
The Company implemented a checking procedure of the orders so as to ensure that nobody is fraudulently using someone else’s bank data.
In the scope of this checking, the User may be requested to send to the Company by fax or e-mail copy of his ID, as well as justification of his domicile.
The order shall then be validated only upon receipt and checking by the Company of the supporting document sent.
5.3. The computerized records, stored in the Company's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the Parties.
The filing of purchase orders and invoices shall be done on a reliable and durable support that can be produced as evidence.
6.1 The access to and use of the Service are free, subject to prior subscription pursuant to article 2.
The sending of SMS is free, except additional costs charged by the operator.
The price of the products or services shall be communicated to the Users, once the order process has started via SMS.
The price indicated by SMS corresponds to the User’s request; it includes additional costs related to the good or service, such as for example, delivery, packaging, processing, insurance.
The Users shall be debited only after giving their express agreement on the nature of the good or service ordered and its related price.
The prices include VAT at the applicable rate on the date of the order. Any change in the applicable VAT rate shall be automatically reflected on the price of the on-line goods or services.
Payment of the entire price shall be made when ordering. At no time shall the sums be considered as down-payment or deposit.
Should one or several taxes or contributions, including environmental taxes, be created or amended, upwards or downwards, this modification may be reflected on the sales price of the goods or services.
6.2 The express delivery Service is currently available only in Paris intra muros and in the close suburbs, according to the availability of the Genius Carriers.
The Service offers the supply and delivery of goods or services of any nature that the User may request within the limit of the laws and regulations in force.
Without limitation, the following products are excluded from the sale; cigarettes, cigars, cigarillos.
The company holds a license authorizing the delivery of alcohol.
No alcoholic beverage may be sold or offered to persons under the age of 18.
For each order, the Company shall request the User’s ID for justification of the age.
Excessive drinking is dangerous for the health, please consume with moderation.
The delivery of a good or performance of a service shall be carried out only after confirmation of payment by the Company’s banking establishment.
8.1 In the event of delivery of a good
The ordered goods shall be delivered by a Genius Carrier, according to the size and weight of the ordered goods and at the Company’s sole initiative.
The goods shall be delivered at the address indicated by SMS by the User, who will ensure its accuracy.
Any order sent back to the Company in the event of a wrong delivery address shall be re-sent at the User’s costs.
The User may, at his request, obtain an invoice at the invoicing address rather than the delivery address, by validating the relevant option on the order form.
At the time of delivery, should the original packaging be damaged or torn or opened, then the User shall check the condition of the items.
If they have been opened or damaged, the User shall refuse the package and write down the following "package refused because open or damaged".
The User shall state in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products, etc.).
This checking shall be deemed to be done when the User, or a person he has duly authorized, signs the delivery note.
The User shall then confirm these reserves by registered mail to the carrier no later than 2 (two) working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to the professional at the address mentioned in the legal notices of the Website.
Should the goods need to be returned to the Company, they must be subject to a return request sent to the Company on the day of delivery or at the latest on the first working day following delivery.
Any claim made outside this period shall not be accepted. The return of the good shall only be accepted for goods in their state of origin (packaging, accessories, instructions ...).
8.2 For the performance of a service:
The service shall be performed at the address indicated by the User on the order form; the User shall ensure its accuracy.
Any unsuccessful delivery due to an incorrect or incomplete address shall be invoiced to the User.
The User may, at his request, obtain the sending of an invoice to the billing address rather than to the delivery address, by validating the relevant option on the order form.
The User shall ensure to give access to the Company, especially if he/she is not personally present on the day of the performance of the service.
The end of the service shall give rise to the issuance of a completion report.
On this document, the User shall write down the reserves accompanied by his signature concerning any anomaly about the service or the conditions of its performance.
This checking shall be considered as done when the User or a person he duly authorized, has signed the completion report.
The User shall state to the Professional on the day of delivery or at the latest on the first working day following the delivery, any claim related to an error in the delivery and/or non-compliance of the nature or quality of the products with the indications displayed on his SMS.
Any claim submitted after this period shall be rejected.
The complaint shall be made, at the User’s choice:
By phone : 01 85 09 19 69.
By e-mail: firstname.lastname@example.org
Any claim not made according to the rules defined above and within the time limits, shall not be taken into account and shall release the Company from any liability vis-à-vis the User.
Upon receipt of the claim, the Company shall allocate an exchange number to the concerned good(s) and shall communicate it to the User by e-mail.
The exchange of a good shall take place only after allocation of the exchange number.
In case of an error in the delivery or an exchange, any product to be exchanged or refunded shall be returned to the Company in its whole and in its original packaging, by Registered Colissimo, at the following address: Société Clac des Doigts , 24 rue de Clichy 75009- Paris.
Return costs shall be borne by the Company.
9.1 The Company undertakes to use all the necessary care and diligence to supply quality service.
9.2. However, the Company only has an obligation of means under which the services or deliveries of goods shall be executed in strict compliance with the professional rules in force, as well as, if necessary, only in accordance with the terms of the order. The Company shall not be held liable for the Seller’s actions.
9.3. The civil and criminal liability of the Company shall not be engaged in case of fault attributable to the User. Are considered as faults, without limitation, the following:
Improper use of the service
Unauthorized disclosure or use of the created account
9.4. The User agrees (i) that it is technically impossible to offer a Service free of any defect and that the Company cannot commit itself to this end, (ii) that defects may render the Service temporarily unavailable, and that (iii) the operation of the Site may be affected by events and / or problems over which the Company has no control.
The Company may, at any time, modify or discontinue, temporarily or permanently, all or part of the Site to perform maintenance and/or make improvements and/or modifications to the Site. The Company assumes no liability for any modification, suspension or interruption of the site.
10.1 The User alone shall be liable for the use of the Service, the information transmitted, their exploitation and their update. The User undertakes to ensure that no third parties shall use the service by SMS from their own mobile phone, or to contact with no delay the operators of the Site via the "Contact" section in case of loss or theft of their laptop.
The User alone shall be liable for the use made of his account. Any access or use of services made from the User’s account shall be deemed to have been made by him.
The User especially agrees:
To provide reliable and accurate information;
To send to the Company all the information and documents required for the performance of the Service
10.2 The User alone shall bear the consequences of any fraudulent use of his account.
10.3 It shall be up to the User to pay to the Company the sum corresponding to the amount of his order.
Otherwise, the Company shall reserve the right to suspend the Service without notice.
10.4. The Company shall reserve the right to exercise controls on the compliance to these provisions of the use of the service by the User.
10.5. The User shall agree to not disclose any information relating to the service.
This information is confidential and, as such, constitutes trade secrets.
- 11.1 The Seller providing the goods ordered through the Site shall guarantee the compliance of such goods ordered by the User via SMS. The User shall therefore make a request only to the Seller under the legal warranty of compliance provided for in Articles L.211-4 and sub. of the Consumer Code or the warranty on account of latent defects of the thing sold as per Articles 1641. and sub. of the Civil Code. In case of implementation of the legal warranty of compliance, it is recalled that: The User shall have a period of 2 (two) years, from the delivery of the good to take an action; Given the specific nature of the Company's business, the User may request the replacement of the delivered goods, subject to the cost conditions provided for in Article L211-9 of the Consumer Code; The User shall be exempt from reporting evidence of the lack of compliance of the good for the 6 (six) months following the delivery of such good; In addition, it is recalled that: The legal warranty of compliance shall apply independently of the commercial warranty indicated below; The User may decide to implement the warranty on account of latent defects of the thing sold against the manufacturer, pursuant to Article 1641of the Civil Code. In this case, he shall choose between the resolution of the sale or having a part of the price repaid to him pursuant to article 1644 of the Civil Code. The sold goods are also covered by a commercial warranty to guarantee their compliance and ensuring the reimbursement of the purchase price, the replacement or the repair of the good, by the seller of such good. This warranty shall not cover defects caused by an 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 manufacturer of the goods offered within the meaning of the Law n ° 98-389 of 19 May 1998 relating to the liability for responsibility for defective products.
12.1 In accordance with the provisions of the Consumer Code, the User shall have a period of 14 (fourteen) working days from the date of receipt of his order, to return any item that does not suit him and request the exchange or the refund without penalty, except for the return costs that are borne by the User.
Shall In case of performance of a service, the period of 14 (fourteen) working days run from the date of validation of the order by SMS.
Only the goods returned in their whole, in their complete and intact original packaging and in perfect condition for resale may be taken back.
Any good that has been damaged, or which original packaging has been damaged, shall not be refunded or exchanged.
In accordance with Article L121-21-8 of the Consumer Code, this right of withdrawal shall be excluded for:
Service contracts which execution has begun, with the User’s agreement, before the end of the withdrawal period;
Contracts for goods or services which price depends on the rates of the financial market;
Contracts for goods made at the User’s request or that are clearly personalized;
Contracts for goods which, by their nature, cannot be sent back or may deteriorate or expire rapidly;
Video tapes, CDs, DVDs if they have been opened by the User;
The supply of newspapers, periodicals, magazines.
A withdrawal form is at the User’s disposal on the Website.
12.2 After having communicated his decision to withdraw, the User shall return the whole good, not disassembled and in its original packaging by registered Colissimo at the following address: Clac des Doigts, 55 rue de la Boetie 75008 Paris.
This right of withdrawal shall be exercised without penalty, it being understood that the return costs are borne by the User.
In case of an exchange, the reshipping costs shall be borne by the User.
In such event, the Company shall refund the User the full amount paid, including the delivery costs, without undue delay and no later than 14 (fourteen) days following the date on which it was informed of the consumer's decision to withdraw.
The Company may, however, defer repayment until recovery of the goods or until the User has supplied evidence of the shipment of such goods, whichever is the earliest.
13.1 All the User’s data shall be used only in the framework of his commercial relationship with the Company.
They shall result from the voluntary registration of an e-mail address or a postal address when placing an order.
Such data shall never be resold.
The Company informs the User that it may communicate his data to ensure the delivery of orders, some aspects of the after-sales service, and to carry out satisfaction surveys.
13.2 The Company undertakes to keep your personal data confidential and to deal with them in accordance with the Data Protection Act of 6 January 1978. A statement has been filed with CNIL (2022038 v 0).
The User may at any time request the deletion of his personal data at the following email address: email@example.com.
The User shall be the owner of the good only after payment of all sums due.
Up until such date, the User shall not resell it or assign it without prior express authorization.
The Seller may subject such authorization to certain conditions in order to guarantee the payment of the amounts remaining due.
Notwithstanding any contrary provision, in the event of non-compliance by the User to one of the payment deadlines, the Seller, without waiving any of its rights, may require, by simple registered letter that the goods be returned to it at the User’s expenses until the latter meets his commitments.
This clause shall be accepted upon ordering with an extension of damage in case of recovery of the goods having suffered damages during the implementation.
15.1 Closure of the account at your initiative
You may definitively close your account at any time, ipso jure and without any legal formality by sending an email to firstname.lastname@example.org .
The closure of your account shall be effective within a reasonable time after receipt of your request.
15.2 Closure of the account at the Company’s initiative
In the event of non-compliance with the present CSUTC, the Company shall be entitled to suspend or close your account at any time, ipso jure and without any legal formality, after a formal notice sent via e-mail remained without effect for a period of five (5) calendar days from its receipt.
15.3 Consequences of the closure of account
Any closure of your account shall result in the permanent removal, within a reasonable period of time, of the information communicated to the Company when opening or updating your account, of documents and other items uploaded onto your area and, where applicable, of any document or content that you have published, downloaded or made available on the Platform.
Notwithstanding the foregoing, the Publisher reserves the right to retain the aforementioned Documents, Information and other items on its servers for a reasonable period of time.
Any event beyond the control of the parties that cannot reasonably be foreseen and overcome shall be considered as an event of force majeure in accordance with the provisions of Article 1218 of the Civil Code.
The present GSUTC as well as all contractual information mentioned on the Website are written in French and governed by French law.
In the event of a litigation or dispute between the parties, the parties shall make their best efforts, in good faith, to reach an amicable agreement.
If no amicable solution can be found the courts of Paris shall have jurisdiction to rule on the litigation or difficulty.