End User License Agreement
Clac des Doigts is a simplified joint-stock company with a capital of 20,065.00 euros, registered with the Paris RCS under the number 810 580 514. The Company has designed an Application by Short Message Service (SMS), whose purpose is, without being restrictive, to propose a concierge service allowing users to formulate any legal request on the territory of the country where it is carried out and international standards.
These Terms and Conditions of Sale and Use (GCSU) come into force on their date of online publication and apply from the first use of the Application.
They constitute a binding agreement between you and Clac des Doigts. These GCSU are accessible at any time on the Application and will prevail, if necessary, on any other version or any other contradictory document.
Preliminary Article: Definitions
Each term beginning below with a capital letter has the meaning given to it in its definition.
Personal assistant: any natural or legal person in charge of receiving and processing requests from users
Trader: seller or initial service provider
User: any natural or legal person who accesses, visits or uses the Service or any of its functionalities
Company: Clac des doigts, creator and owner of the Service
Service: Concierge service that allows you to request a product delivery or service delivery
Party: refers cumulatively or alternatively to the User, the Company or the Merchant
Application: the mobile application Clac des Doigts
EasyClac: refers to the option of adding a reserve to order without knowledge of the final price of the service.
Article 1 — Acceptance and amendment of the GCSU
The Service is provided provided that Users accept the GCSU. They are deemed to have accepted the GCSU simply because of the use of the Service.
Users are encouraged to regularly review and read the latest version of the applicable GCSU.
Any modification of the GCSU is notified electronically to users who are free to refuse the application and thus terminate their registration.
In case of non-compliance by the User of the GCSU, the Company reserves the right to suspend without notice access to the services of the site and / or Application.
If one or more stipulations of the GCSU 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.Article 2 — Purpose
The purpose of the Service is, without limitation, to allow the User through a means of remote communication (website, mobile Application, chat, SMS) to solicit the Company for the purpose of performing a realization requires product delivery or the provision of a service.
For this purpose, 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 does not comply with the order, the User must contact the Merchant concerned, without prejudice to the rights of withdrawal available to him in accordance with the legislation.
Article 3 — Site registration conditions and ordering conditions
3.1 Before placing an order, the User must first register on the Site www.clacdesdoigts.com or Application, using the form on it and provide his name, first name and bank details. Registration for the Service includes a non-binding subscription to Clac des Doigts concierge service.
Access and use of the Clac de Doigts service involves the filling of a subscription form, as well as the creation of a user account, allowing the subscriber to authenticate. The account will be validated only if you have entered a valid means of payment allowing the debit of the deadlines. An account corresponds to an identifier, associated with a password, which are both clean and strictly personal to the subscriber.
They allow any subscriber, through a dedicated interface, to subscribe / modify their personal information or terminate via their subscription. Once the account created Clac des Doigts will send an acknowledgment to the email address entered in the subscription form, as confirmation of acceptance of the subscription request. In case of non-receipt of the said email: send an email to firstname.lastname@example.org.
In order for the registration to be validated, the User must accept, by clicking in the place indicated, the present GCSU.
3.2 The User's order is validated and his credit card charged, only after having given his express agreement on the price corresponding to the product or service requested that the Company communicates by SMS, mail, chat or messenger. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.
In certain cases, including payment default, wrong address or other problem on the account of the User, the Company reserves the right to block the order of the User until the complete resolution of the problem. In case of unavailability of a product ordered or impossibility to perform a service, the User will be informed by SMS.
The User is informed that the products and services are offered for sale within the limits of their availability.
If the service can’t be provided, the User is informed concomitantly with his request. Considering the large number of requests made to the Site, if the service can not be carried out immediately or the delivered goods, the User is placed in list
Waiting and served on:
- the difficulty level of the command,
- the availability of the products ordered.
The User is informed and agrees that his personal data - surname, first name, e-mail, telephone, civility, postal address - are communicated to the Merchants and / or any other person allowing the realization and the smooth running of the order.
For any question relating to the follow-up of an order, the buyer must call 06 95 71 84 66 (cost of a local call).
The Company confirms to the User the summary of the order by:
thus confirming the express commitment of the Parties.
Article 4 — Acceptance of the quote
The online provision of the credit card number of the User, final validation of the order by SMS, mail, chat or messenger and the acceptance of debit by the double clicks via a payment link will be worth proof of the agreement between the part.
The confirmation of the order is materialized by the acceptance of the offer. Acceptance of the offer implies acceptance of the request. The sending of the word "Clac" allows to confirm your order definitively after having checked it and if necessary corrected. You are engaged by your order as soon as you send the word "Clac".
And will be worth:
- Requirement for sums due under the purchase order;
- Signature and express acceptance of all transactions carried out;
The user is informed that his usual means of payment is the default payment method used in the payment link sent during the validation of the order. It is therefore the responsibility of the user when validating the link payment to inquire with their Engineers about the default payment method.
In the event of fraudulent use of the bank card, the User is invited, as soon as the use is noted, to contact the +33 6 44 60 99 90.
Article 5 — Methods of payment and proof transaction
The Company uses the secure payment service provided by Stripe (https://stripe.com/privacy), whose registered office is located at 3180 18HT Street, Suite 100, San Francisco, CA 94110, USA. Confidential data such as the 16-digit bank card number, the expiry date and the CVV code, are transmitted directly encrypted on the server of the bank. The Company does not have access to this data.
5.1 All invoice requests must be sent directly to the Company. In order to ensure the security of transactions and to respond to the concern of prevention of fraud in online sales, the Company may be required to carry out controls on orders. The Company reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by officially accredited bodies or in case 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 totally 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 suspicion based on Clac des Doigts internal processes; Unilaterally, to suspend or refuse any accounts or orders.
The Company has implemented an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the User may be asked to send by fax or e-mail to the Company a copy of an identity document and a proof of address. The order will be validated only after receipt and verification by the Company of the parts sent.
5.2 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 is done on a reliable and durable support that can be produced as evidence.
Article 6 — Price subscription to the service
6.1 Access and use of the Service is strictly subject to the subscription to a subscription without commitment, in accordance with Article 3. Our subscription offers, in progress, are present on our website and are divided into 3 categories:
- Individual Monthly Subscription
- Individual Yearly Subscription
- Free registration
6.2 The Yearly subscription at 19.99 € VAT inc. (price excluding exceptional promotion) starts on the day of subscription, subject to payment, for a period of one month from date to date. It is renewed by tacit renewal, 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 done through his Personal Space or on email@example.com.
6.3 The yearly subscription at 149.99 € VAT Inc. (price excluding exceptional promotion) starts on the day of subscription, subject to payment, for a period of one year date to date. It renews itself by tacit renewal, 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 consumer by e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract he concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for non-renewal. The user then undertakes to keep updated his information related to the email sent to his Clac des Doigts account.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal. The denunciation of the Subscription by the User is done through his Personal Space or by firstname.lastname@example.org.
6.4 Free registration allows the user to have access to:
- At the personal customer area,
- At the Exclusive Offers Platform,
- At promotional offers every month,
- Newsletters with the history of the week,
The user must be subscribed to the free registration plan defined in section 6.4 in order to subscribe to a paid subscription (i.e. Yearly Subscription or Monthly Subscription) which will allow him to use the concierge service and personal assistant, otherwise they will not be available.
6.5 Sending SMS is free, excluding the cost of operator overload.
The price of the products and services is communicated to the Users, once started the ordering process via SMS.
The price mentioned by SMS corresponding to the request made by the User, includes the costs related to the product or service, such as, for example, delivery, packaging, preparation, insurance.
Users are charged only after expressly agreeing on the nature of the product or the 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.
Payment of the full price must be made when ordering. At no time, the sums paid can not be considered as a deposit or installments.
If one or more taxes or contributions, including environmental, were to be created, or modified, up or down, this change can be reflected in the selling price of products or services.
6.6 By subscribing to a subscription, Clac des Doigts does not apply any concierge fees, except in the following cases:
- Of a move
- Emergency requests
- Request with the intervention of more than one partner or provider
- Applications with more than thirty minutes of treatment time by a Personal assistant
- On ticketing and events
- Or an order with a total value greater than 99 euros
- One order including delivery to more than 5 km from the point of recovery or starting point of the mobilized partner
- Complex requests according to the appreciation of Personal assistant and Clac of the Doigts.
The fees charged to the user are transparent and indicated on the invoice.
6.7 The express delivery service is currently only available in Paris and some nearby suburbs depending on the availability of couriers.
6.8 The monthly subscription Individual and yearly subscription Individual subscribed before the change of the present CGU, except promotional sale and limited in time, perdura at the price of the initial subscription for a still indefinite duration, except unpaid and interruption of subscription.
Article 7 - EasyClac Reserve
7.1 The user has the possibility at any time to add a reserve allowing him to use a service and to make a purchase whose price is unknown before payment thereof. EasyClac service is not mandatory for normal use of the service of Article 4 of this Charter and a payment before transmission of the order to a service provider or partner. This estimate will then be expressed according to:
- the future purchase price of the product under the name "purchase price" remains an unknown constant,
- a variable commission as a percentage of the price of the order or fixed,
- variables related to the percentage or fixed price of the order such as delivery costs.
7.2 This reserve may be charged at the request of the user. This reserve mainly acts as security in the case of unpaid. The unpaid is noted within 10 hours after the transmission of the payment link to the user via the communication channel initially used. the reserve will then be debited from the total of the order.
Article 8 — Product Information
The Service offers the provision and delivery of products and services of any kind that the User makes the request within the limits of compliance with the laws and regulations in force.
The following products, without limitation, are excluded from the sale: cigarettes, cigars, cigarillos.
The Company holds a license authorizing the delivery of alcohol. No alcoholic beverages may be sold or offered to minors under 18 years of age. The Company will request for each order of alcohol, a piece of identification of the User to justify his age. Alcohol abuse is dangerous for your health, consume with moderation.
Article 9 — Terms of delivery or performance of a service
The delivery of the ordered product or the realization of the service is carried out only after confirmation of the payment by the banking organization of the Company.
9.1 For the delivery of a product: The ordered products are delivered by a courier, according to 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 proposed courier. If the property is not transportable considering its weight or its volume due to a lack of information from the user who misled the Personal assistant, Clac des Doigts can not be responsible. The couriers selected by default are couriers in 2 wheels that can carry a package of a maximum size similar to a cube of 30cm / 30cm / 30cm and 7 kg and legally transportable. For larger parcels, the user will be responsible for claiming a different vehicle.
9.2 For the realization of a service: The service is carried out at the address indicated by the User on the order form, the User must ensure its accuracy. Any loss of the service provider due to an incorrect or incomplete address and no response after 2 phone calls to the specified contact or to the user will be charged.
The item to be delivered will then be stored according to the region and delivered again at the user's expense and upon request. Any object stored without prior agreement for a period of more than one year will be destroyed.
9.4 All travel services, ticketing, transport are subject to a permanent fluctuation of prices and availability, the announced quote is recorded on the day of issue and subject to the availability of the provider can not be validated that confirmation of booking by the company . These estimates are then estimated and do not constitute a commitment on the part of the company.
9.5 The User may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
Article 10 — Obligations and liability of the company
10.1 The Company undertakes to provide all the care and diligence necessary to provide a quality service.
10.2 However, the Company only responds to an obligation of means at the end of which the services or deliveries of goods will be executed in strict compliance with the professional rules in use, and, if necessary, in accordance with the terms of the order. The Company can not be responsible for the actions of traders.
10.3 The civil and criminal liability of the Company shall not be engaged in case of fault attributable to the User. Faults, but not limited to, are the following:
- Misuse of the service
- Unauthorized disclosure or use of the created account
10.4 The User agrees (i) that it is technically impossible to offer a Service free from any defect and that the Company can not commit itself to this end, (ii) 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 declines any responsibility for any modification, suspension or interruption of the site.
10.5 The hiring company, to communicate all the necessary information of the provider used in case of dispute.
Article 11 — Obligations and responsibilities of the user
11.1 The User is solely responsible for the use of the Service, the information transmitted, their exploitation and their update. The User undertakes to ensure that third parties use the service by SMS from their mobile phone, or to contact the operators of the Site as soon as possible via the "Contact" section in case of loss or theft of their laptop.
The User is solely responsible for the use made of his account. Any access or use of services made from the account of a User will be deemed to have been made by the latter.
The User agrees in particular:
- To provide sincere and genuine information;
- To send to the Company all the information and documents required for the execution of the Service
11.2 The User alone bears the consequences of fraudulent use of his account.
11.3 It is the User's responsibility to pay the amount corresponding to the amount of his order to the Company. Otherwise the Company reserves the right to suspend the Service without notice.
11.4 The Company reserves the right to exercise controls on the conformity of the User's use of the service with these provisions.
11.5 The User agrees not to divulge any information relating to the service. This information is confidential and therefore constitutes trade secrets.
Article 12 — User Warranties
12.1 The Merchant providing the product ordered through the Site is the guarantor of the conformity of the goods of which the User has placed an order via SMS. The User can therefore make a request exclusively to him under the legal guarantee of conformity provided for in Articles L.211-4 and following of the Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641. and following of 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 property to act;
- Given the specific nature of the Company's business, the User may request the replacement of the goods delivered, subject to the cost conditions provided for in Article L211-9 of the French Consumer Code;
- The User is exempted from showing proof of the lack of conformity of the good during the 6 (six) months following the delivery of the product;
In addition, it is recalled that:
- The legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- The User may decide to implement the guarantee against hidden defects of the delivered thing, by turning against the manufacturer or seller within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.
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 No. 98-389 of May 19, 1998 relating to liability for defective products.
Article 13 — Right of withdrawal
13.1 In accordance with the provisions of the French Consumer Code, the User has a period of 14 (fourteen) working days from the date of subscription to the Concierge service Clac des Doigts, to proceed with the termination of said subscription and request a refund without penalty. In order to benefit from the service Clac des Doigts during the withdrawal period, the user must expressly waive his 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 key
13.2 By its quality of transparent intermediary, in case of incident or problems of any nature following the bad treatment of a service by a partner recommended by Clac des Doigts, Clac des Doigts can not be held responsible for this incident. Any condition of sale after the linking by Clac des Doigts will then be governed by that of the company used and validated by the customer during the service. Similarly any refund, have or repair on a product or a service outside those produced by Clac des Doigts, are also governed by that of the provider. Clac des Doigts will provide all the necessary information to contact the provider.
Clac des Doigts reserves the right to graciously accompany any request for repair on one of the service providers that it has used by implementing the means at its disposal to satisfy its client.
Article 14 — Confidentiality
14.1 All information of the User is used only in the context of its commercial relationship with the Company.
They come from the voluntary registration of an e-mail address or a postal address when placing an order.
This information is never resold. The Company informs the User that it will be able to communicate its data to ensure the delivery of orders, certain aspects of the after-sales service, and to carry out satisfaction surveys.
14.2 The Company undertakes to respect the confidentiality of your personal data and to treat it in accordance with the Data Protection Act of 6 January 1978. A declaration has been made to the CNIL (2022038 v 0).
L’Utilisateur peut à tout moment demander la suppression de ses informations à l’adresse électronique suivante : email@example.com.
Article 15 — Retention of title
The User is the owner of the product only after payment of all sums due. Until that date, the User may not, without express prior authorization, resell or assign it. The Professional may make the authorization conditional on certain conditions to guarantee the payment of the sums remaining due to him. Notwithstanding any contrary provision, in the event of non-compliance by the User of one of the payment deadlines, the Professional, without losing any of his rights, may require, by simple registered letter, the return of the products at the expense of the Customer. User, until the execution by the latter of all his commitments.
This clause is accepted at the time of the order with extension of damage and interests in case of recovery of the material having suffered damages during the putting into service.
Article 16 — Closing the account & canceling the subscription (Special Account - Free Plan, Monthly Plan or Yearly Plan - only)
The User is the owner of the product only after payment of all sums due. Until that date, the User may not, without express prior authorization, resell or assign it. The Professional may make the authorization conditional on certain conditions to guarantee the payment of the sums remaining due to him. Notwithstanding any contrary provision, in the event of non-compliance by the User of one of the payment deadlines, the Professional, without losing any of his rights, may require, by simple registered letter, the return of the products at the expense of the Customer. User, until the execution by the latter of all his commitments. This clause is accepted at the time of the order with extension of damage and interests in case of recovery of the material having suffered damages during the putting into service.
Article 17 — Update
You agree to automatically receive updated versions of the Clac des Doigts software or third-party software associated with the service.
Article 18 — Force majeure
Any event beyond the control of the parties that can not reasonably be foreseen and overcome will be considered as an event of force majeure in accordance with the provisions of Article 1218 of the French Civil Code.
Article 19 — Viruses
We do not guarantee that our Service, Sites and Application will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software. You must not misuse our Service, Sites and mobile Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Sites and mobile Application are stored or any server, computer or database connected to our Sites. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use our Sites will cease immediately.
Article 20 — Mediation
In the event of any dispute relating to these General Terms and Conditions, the User has the option of making free use of a consumer mediator in accordance with Articles L612-1 of the French Consumer Code.
A list of accredited mediators is available on the Consumer Mediation website at the following address:
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In case of failure in the appointment of the mediator or the mediation itself, the most diligent party may apply to the competent court.
Article 21 — Applicable Law and Jurisdiction
In the event of a dispute or dispute between the parties, the parties shall endeavor, in good faith, to reach an amicable agreement.
Referencing partners Clac des Doigts on its platform of offers "Espace membre":
Clac des doigts reserves the right to accept or not the referencing of a partner on its platform of offers, accessible by all of its subscribers on criteria, mainly subjective:
- An interesting offer for Clac des Fingers subscribers
- Reactivity of the service
- Service quality
- Service reliability
- Have a pre-established refund schedule and competent after-sales service
- The image and values conveyed by the service
- The company must carry out a legal activity
The referencing of a partner on the Clac des Fingers "member area" offers platform is set at a reference fee of 300 euros excluding tax per year, which can be adjusted according to the requirements of the contracting parties. This compensation influences the position of the partner and the frequency of its presence in the promotional mails but does not give him any advantage over the proposals of the concierge service.
The dereferencing of a partner on the platform of offers "member space" Clac des Fingers can be done:
- In case of breach of one of the obligations. If the contracting party is at the origin of the breach, Clac des Fingers reserves the right to dereference it without compensation. Otherwise, the parties will have to refer to the clauses of the contract.
- In the event of failure or change of the subjective criteria recognized by Clac des Fingers towards its partner during its selection, Clac des Fingers then undertakes a prorated refund of the remaining months of the 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 unquantifiable activity as regards the range of services, the selection of providers is based on the following subjective elements.
- Geographical area
- Reactivity of the service
- Service quality
- Service reliability
- The image and values conveyed by the service
- The company must carry out a legal activity
- Consumer opinion
The identification of the service provider is available at the request of the client or when the quotation is made by the Engineer. The customer can only ask to use a provider according to his preferences.
Last Updated October 30th, 2019