The present General Terms and Conditions of Use and Services (hereinafter the "General Terms and Conditions") are intended to govern access to and use of the services offered on the application developed and published by the company La Porte Royale S.à.r.l., whose registered office is located at 136 Route d'Arlon, L1150 Luxembourg, registered with the R.C.S. of Luxembourg under the number B233841 and whose intra-community VAT number is LU31280357, hereinafter referred to as the "Service Provider", by its users (hereinafter referred to as the "User(s)"). Downloading and using the Application presupposes acceptance of these General Conditions by the User.
Article 1. Definitions:
Apart from those already defined above, the words or expressions which are written with a capital letter are understood in the following way: Application: designates the software package developed by the Provider, accessible at the url: www.yabe.co and by any means defined in the corresponding article, which constitutes the support of the services proposed by the latter. Merchant: means the trade professionals, registered on the Application and able to meet the needs expressed by Users. They are the User's co-contractors and all the legal obligations arising from this are directly incumbent on them. Transaction: refers to the conclusion of a sales contract via the Application, by the acceptance by the User of an offer from a Merchant.
Article 2. Description of services:
The Service Provider provides the User with a right of access to the Application, allowing him to be put in contact with one or more Merchants, with a view to a Transaction between them, according to the needs previously expressed by the User and the offer formulated by the Merchant.
2.1 Information on needs: The User enters, in the list of categories proposed, the product(s) he is looking for and provides the details he considers necessary. The User also enters the location, from among those proposed, of their search. The User undertakes to provide accurate, precise and clear information.
2.2 Transaction: Transaction offers from Merchants in response to the needs expressed are communicated to the User, together with the payment methods proposed and the methods of transmission of the Products: collection or delivery. The User can then validate a Transaction. The validation of a Transaction implies a sales contract between the User and the Merchant and obliges the User to pay the price of the Transaction, according to the means of payment proposed by the Merchant. A chat system allows exchanges between the User and the Merchant.
Article 3. Accessibility of the Application:
3.1 Access to the Application: Access to the Application is free of charge. The Application is available online and consequently requires an Internet connection for its proper functioning. The costs associated with the connection and the acquisition of the equipment necessary to use the Application are exclusively at the User's expense. The Application is accessible via any web browser and via any device using the Android and iOS operating systems, for standard use and in accordance with the recommendations of the device manufacturer. The User is warned that the interface and the functionalities offered may vary depending on the device and the medium used. The User who accesses the Application via software or an application developed by a third party, agrees to respect all the obligations imposed by the said third party. The User acknowledges that access to the Application may require the use of third-party software subject to the licensing terms of such software.
3.2 Creation of an account: The prior creation of a User account is necessary for any Transaction. The User must provide his/her title, first and last name, a valid e-mail address and a password. 3.3 Availability of the service: The Application is available via the Internet, 24 hours a day, 7 days a week, on a best-efforts basis, with the exception of periods of maintenance or interruptions due to a failure on the part of the Provider. These temporary interruptions shall not give rise to any compensation to the User. The User is advised of the technical hazards and access interruptions that may occur for all online services. Consequently, the Service Provider shall not be held responsible for any unavailability or slowdown of services caused by the Internet network or by defective hardware or software on the part of the User.
3.4 Maintenance: The Service Provider shall maintain the Application in order to correct any technical anomalies in the Application that have not been caused by use of the Application in a manner that does not comply with the provisions hereof.The User may report a failure or malfunction and undertakes to provide precise and detailed information about any malfunction encountered and the context of its occurrence. In any event, the Provider shall not be held liable for any lack of promptness in the event of partial information. The Provider reserves the right to update and make functional changes to the Application at any time, which may make access to the Services temporarily unavailable. The Service Provider shall be released from any maintenance obligation (i) in case of abnormal use of the Application by the User or in case of non-compliance with the contractual provisions, (ii) in case of violation of the Service Provider's intellectual property rights.
Article 4. Tariff conditions and payments :
4.1. Prices: Prices are given in euros and include all taxes, excluding delivery costs. They are non-negotiable. Any delivery outside the territory where the Merchant is located may be subject to any applicable taxes, fees and duties, which will be fully borne by the User. In the event of the display of an erroneous, obviously derisory or low price, for whatever reason (in particular, but not limited to, a computer bug, a manual error or a technical error), the Transaction - even if it has been validated - will be cancelled and the User will be informed as soon as possible.
4.2. Payment: After validation of the Transaction, the User will be redirected to a secure page for payment of his order according to the payment and delivery methods proposed by the Merchant and/or the Provider. All payments must be made in Euros. The amounts paid do not constitute a deposit.
4.3. Invoicing: The invoice will be issued by the Merchant, as co-contractor to the sales contract.
Article 5. Delivery or collection of the Products :
The Merchant can propose, at the choice of the User, that the transmission of the products is carried out by delivery or by collection ("Click and collect"):
5.1 Collection: The User goes to the place indicated by the Merchant on the Application to take direct possession of the products, according to the modalities and schedules communicated. He must have the code generated by the Application to collect his products. The User undertakes to check immediately the conformity and condition of the products. The collection implies acceptance of the products in their state and transfer of risks related to them. The User agrees to comply with any health standards in force and those prescribed by the Merchant.
5.2 Delivery: Upon delivery, the User must immediately check the contents of the package and its good condition and agrees to refuse delivery in case of damaged products, non-compliant or in poor condition. He undertakes to contact the Merchant by email within twenty-four (24) hours of delivery to inform him of any reservations regarding the delivery. After this period, any reservation will be inadmissible. The non-conforming or damaged products must then be returned within fourteen (14) days to the Merchant.
Article 6. Guarantees relating to the Products :
6.1 Warranty holders: Under these Terms and Conditions, the Provider is subject to a general obligation of means to provide the Application to Users, in no case the Provider shall be liable for the obligations of the parties to the sales contracts that are concluded through the Application. Accordingly, all warranties relating to the products are the responsibility of the Merchant party to the Transaction. The Provider undertakes to bring these guarantees to the attention of the Merchants of the Application.
6.2 Content of the guarantees: If the User is a consumer within the meaning of the Consumer Code, he/she benefits from the legal guarantee of conformity provided for in Articles L. 217-7 to L. 217-14 of the Consumer Code, under the terms of which he/she benefits from a period of two years from the delivery of the products to act and request the repair or replacement of the products, under the conditions provided for in the following articles:
- Article L. 217-4: The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
- Article L. 217-5: The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where appropriate :- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the Service Provider and accepted by the latter
- Article L. 217-2: The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.Legal guarantee relating to the defects of the sold thing: The articles 1641 to 1648 of the Civil code apply and are invocable by any User in his relations with the Trader.
- Article 1641: The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known.
- Article 1644: In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.Article 1648 paragraph 1: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect
- Commercial warranty : For products with a specific warranty of the retailer, the User will contact directly the retailer, the Provider does not provide any particular commercial warranty. The Service Provider shall not be held responsible for any failure of the Retailer in the context of this warranty.
Article 7. Withdrawal :
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, if the number of employees of the User does not exceed five (5) and if the contract, concluded outside the User's establishment, does not fall within the User's usual areas of competence, the User has the option of withdrawing from the contract within fourteen (14) days of receiving the order.The User must then send a notice in the Application, using the dedicated button in the offer concerned, or an e-mail to the e-mail address firstname.lastname@example.org stating unequivocally that he/she is exercising the right of withdrawal or including the withdrawal form provided in the appendix. The User must return the order to the Merchant within fourteen (14) days of exercising the right of withdrawal to the address of the Merchant concerned and shall bear the direct costs of returning the order. The products must be returned in their original, unopened, undamaged condition. The User will then be reimbursed for the amount of the Transaction, including delivery costs (excluding specific delivery costs incurred by the User at his request or following a quote, and delivery costs incurred for a shipment outside the European Economic Area), within fourteen (14) days of receipt by the Merchant of the returned goods.The withdrawal is open to any non-professional User or to any professional User whose number of employees does not exceed five (5) and for whom the conclusion of a contract for the sale of goods does not fall within the scope of its competence. The legal exceptions to the application of the right of withdrawal are applicable.
Article 8. Obligations of the User :
8.1 Use of the service: . The User undertakes to use the Application in accordance with these General Terms and Conditions and all instructions given to him/her by the Service Provider.The User acknowledges that he/she is solely responsible for his/her access codes and identifiers to his/her account.It is the User's responsibility to take all measures to secure access to the Application in order to protect his/her own data from contamination by viruses as well as from any attempt to intrude into his/her computer system by third parties via the access service.
8.2 Commitments of the User: The participating User undertakes to comply with the obligations incumbent upon him/her as a purchaser under current legislation and expressly undertakes to comply with them, as the Service Provider cannot substitute itself for the fulfilment of these obligations. In particular, but not exclusively, the participating User undertakes to check the condition of the delivered products upon receipt and to notify the Provider of any non-conformity or deterioration within twenty-four (24) hours of receipt. The User must refuse any non-conforming or deteriorated delivery or collection. Otherwise, the User is deemed to have accepted the products.
Article 9. Obligations of the Provider :
The Parties agree that under these Terms and Conditions, the Service Provider is subject to a general obligation of means to provide the Application to Users, taking into account the inherent hazards of Internet technologies. In no event shall the Service Provider be liable for the obligations of the parties to any sales contracts that may be entered into through the Application. The Service Provider undertakes to perform the Services with the diligence, professionalism and conduct required in strict compliance with applicable laws and regulations in force and, in general, in accordance with the rules of the art. The Service Provider shall allocate the personnel resources it deems necessary for the performance of the Services. It shall freely organize and direct the Services, with or without recourse to third parties.
Article 10. Liability of the Provider :
The Service Provider shall not be held liable in case of non-compliance by a User with the obligations specific to the Transactions entered into. Consequently, the Provider cannot be held responsible in the event of non-compliance by a User or Merchant with their obligations. The Provider cannot guarantee the damage caused by the intermediary of the Application between the Merchant and the User, or assume a responsibility higher than its role of providing the Application. In addition, any service related to the use of the Internet requires the User to have, at his own expense, an adapted computer equipment and an Internet access.The User declares that he/she is aware of the characteristics and limits of the Internet and in particular - That data transmissions on the internet only benefit from relative technical reliability, as said data circulates on heterogeneous networks with varying technical characteristics and capacities; - That no one, including the Service Provider, can therefore guarantee the proper functioning of the internet; - That the Service Provider will take all reasonable measures to secure access to any website created or managed, according to an obligation of means; - That data circulating on the Internet may be subject to misuse and that therefore, the communication of passwords, confidential codes, and more generally, any information of a sensitive nature is made by the User at his own risk.Consequently, the User waives the liability of the Provider, except in case of non-compliance with its obligation of means.In addition, and by express agreement, the liability of the Provider is also excluded: - For any financial or commercial loss, loss of customers, commercial disturbance of any kind, loss of turnover or profit, damage to brand image, increase in charges, cost of services required to implement or correct the data or results obtained, which may result from the non-performance of the obligations under the General Terms and Conditions, which losses are deemed to have the character of indirect loss; - For any loss, alteration or errors in the processed data; - For any harmful consequences resulting from possible losses, errors in the data or in the processing results; - For any suspension of access to the Application; - In case of planned maintenance.
Article 11. Intellectual Property :
The Service Provider grants the User a personal, non-exclusive, non-assignable and non-transferable right to access the Application and to use the services offered.The provision of the Application shall not be construed as the transfer of any intellectual property rights to the User.The User is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. In general, the User shall not intervene or have a third party intervene on the Application. The User shall not reproduce or copy any element of the Application or any documentation concerning it, by any means, in any form and on any medium whatsoever.
Article 12. Deletion/suspension of account :
In case of non-compliance with the obligations agreed in these Terms and Conditions or in the legislation in force, the Provider may suspend the account of any User, after a formal notice sent to the email address provided by the User, remained without effect for eight (8) days from its sending. The suspension will be maintained as long as the breach persists, it prevents any Transaction. If the breach persists one (1) month after receipt of this notice, the Provider may permanently delete the account of the User. The User may freely delete his account. The Provider is authorized to take measures to prevent the creation of a new account by the same User, in case of deletion of a previous account at the Provider's initiative.
Article 13. Force majeure/unforeseen circumstances :
Neither party shall be liable in any way for any delay or failure in the performance of its obligations hereunder caused by a force majeure event as defined in Article 1218 of the Civil Code. The party that cannot fulfil its contractual obligations due to force majeure must inform the other party of this situation without delay by registered letter with acknowledgement of receipt or by e-mail. The parties expressly agree to waive the provisions of Article 1195 of the Civil Code.
Article 14. Data processing :
Article 15. Modifications to the General Conditions :
The Service Provider is entitled to modify the content of these Terms and Conditions during the performance of the Contract; in such case, it will send to its User the new wording adopted, and the latter will have the right to object to the application of the new Terms and Conditions by sending a registered letter within two (2) months following receipt of the letter informing him of their modification.
Article 16. Mediation :
The User, when he is a consumer within the meaning of the Consumer Code, may access the European Online Dispute Resolution (ODR) platform at the following address: https: //webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Article 17. Judicial clause :
The General Conditions are subject to French law. Any dispute relating to their validity, interpretation, performance or termination shall be exclusively within the jurisdiction of the Courts of the Provider's headquarters, even in the event of multiple defendants, third party claims or summary proceedings, excluding the application of the jurisdictional privilege granted to the consumer, if applicable.Prior to any referral, the Parties shall endeavour to communicate their respective grievances clearly and in writing and shall attempt, if necessary through their advisers, to resolve their dispute amicably, it being noted that the search for an amicable solution does not interrupt the limitation period.
La Porte Royale S.à.r.l. 136 Route d'Arlon, L1150 Luxembourg RCS : B233841 - VAT : LU31280357