General Terms and Conditions of Sale
MY CONCIERGE
ARTICLE 1. Preamble
1.1 Description of the seller
NYS S.A.S., whose registered office is located at 58 avenue d’Iéna – 75116 Paris, with share capital of €99,799, registered with the Paris Trade and Companies Register under number 479 162 794, is active in the creation and operation of private concierge services for individuals and companies, intermediation and the provision of information, services or products by any means to any natural or legal person.
Telephone: +33 1 75 44 80 20
Email: contact@myagency.group
Sales website address: https://myconcierge.myagency.group/
Hereinafter referred to as “MY CONCIERGE”
1.2 Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the provision, by MY CONCIERGE, of private concierge services intended for persons having the status of consumers, non-professionals and professionals within the meaning of the Consumer Code (hereinafter referred to as “the Customer(s)”. In this context, MY CONCIERGE acts as intermediary to put its Customers in contact with product suppliers and/or partner service providers.
1.3 Definitions
Beneficiaries: Any person benefiting from the concierge services carried out by MY CONCIERGE through the Customer.
Consumer customer: A natural person having the status of consumer within the meaning of the Consumer Code who contracts with MY CONCIERGE within the framework of these General Terms and Conditions of Sale. Professional Client: Any natural or legal person, whether public or private, who contracts with MY CONCIERGE within the framework of these General Terms and Conditions of Sale for purposes falling within the framework of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
Subscription contract: individual subscription including the chosen formula and the specific characteristics determined with a private concierge.
Services: Putting Customers in contact with suppliers of products or service providers through MY CONCIERGE.
ARTICLE 2. Acceptance of these GTCS
These General and Special Terms and Conditions of Sale shall automatically apply to all orders placed with MY CONCIERGE and Subscription Contracts, regardless of the formula chosen and subject to their specific characteristics offered by MY CONCIERGE.
They apply in general to the Services provided through all distribution and marketing channels.
Any order or purchase implies the unconditional acceptance of these general terms and conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by the MY CONCIERGE and appear in the signed Subscription contract.
The Customer represents that he/she has read these general terms and conditions of sale and accepted them before booking and signing the contract/estimate.
If MY CONCIERGE does not avail itself of any provision hereof from time to time, this tolerance cannot be interpreted as a waiver of any of the said conditions at a later date.
ARTICLE 3. Pre-contractual information
The Customer acknowledges having received, prior to placing their order and/or signing the contract, a legible and comprehensible copy of these general and special terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code.
ARTICLE 4. Subscriptions
MY CONCIERGE offers its customers the possibility of subscribing to services.
Customers must be at least 18 years of age and have the legal capacity to enter into a Subscription Agreement with MY CONCIERGE.
4.1 Subscription
Anyone wishing to subscribe to a Subscription Agreement with MY CONCIERGE contacts MY CONCIERGE by any means (email, telephone, website, web application) and communicates their identity and contact details. Upon receipt of a subscription request, MY CONCIERGE will organise, within no more than 72 hours, a telephone call or a physical meeting in order to determine the needs and expectations of this person.
They will be offered three subscription options:
i. The “DELUXE” subscription
This subscription, for a minimum period of one year, provides access to the MY CONCIERGE service 5 days a week, from 9:00 to 19:00 for the price of €100 excluding tax per month.
ii. The “OPTIMUM” subscription
This subscription, for a minimum period of one year, provides access to the MY CONCIERGE service 7 days a week, from 9:00 to 19:00 for the price of €200 excluding tax per month.
iii. The “ULTIMATE” subscription
This subscription, for a minimum period of one year, provides access to the MY CONCIERGE service 24/7 (24 hours a day/7days a week) for the price of €400 excluding tax per month.
Each formula allows the subscriber to benefit from a dedicated personal concierge and to take advantage of MY CONCIERGE’s exclusive partnerships with its Partners.
The subscription is payable for one year.
It is specified that the personal concierge will apply a commission to each order placed by the Customer. The amount of this commission is determined according to the nature and amount of the order.
The Customer may decide to provide MY CONCIERGE services to their spouse and/or professional assistant who must be expressly identified by providing at least their surname, first name, telephone number and email to the private concierge when taking out a subscription, subject to express acceptance by MY CONCIERGE. Only identified persons will be able to place orders with MY CONCIERGE. The number of persons identified is limited to three (3). Any request from a person identified by the Customer shall be deemed to be made by the Customer, who will be liable in this respect.
The Customer undertakes at the time of subscription to provide accurate and up-to-date information. MY CONCIERGE cannot be held liable for the consequences of the communication of inaccurate, incorrect or incomplete information by the Customer.
As the holder of the Subscription Contract, the Customer is solely responsible for the orders expressed and their payment.
Under the terms of the exchanges with MY CONCIERGE and if the Customer wishes to subscribe, the Customer accepts the offer and the GTCS on the application MY AGENCY and proceed with the payment.
To validate their Subscription Contract, the Customer returns the signed quote accompanied by the GTCS as well as the appropriate payment.
Upon receipt of the payment, MY CONCIERGE will inform the Customer by email of the effective date of their Subscription Contract in a confirmation email.
4.2 Payment terms
The Customer guarantees to the Company that they have the necessary authorisations to use the payment method they chose when confirming the contract. The Company reserves the right to suspend the booking management and performance of services if an officially accredited body refuses to authorise a credit card payment or the amount due under the contract remains unpaid.
Payments made by the Customer shall only be considered final once MY CONCIERGE has received the sums due.
The Customer has several means of payment, including:
a. Bank cheque (monthly or annual payment);
b. Credit card (monthly or annual payment):
c. Monthly direct debit.
In the event of non-payment of the Subscription on the agreed due date (indicated on the invoice), MY CONCIERGE will send the Customer a formal notice to pay within 8 days of the first presentation of the registered letter with acknowledgement of receipt.
The Subscription for the MY CONCIERGE services will be suspended from the 9th day following the formal notice, in the absence of payment by the Customer. As a result, the Customer will no longer have access to MY CONCIERGE’s services until full payment of their Subscription.
If, despite this formal notice, the Customer does not pay the sums due, MY CONCIERGE may terminate the Subscription without further formality. This termination may not give rise to any request for reimbursement or payment of any compensation in favour of the outgoing Customer. In this case, the balance of the annual Subscription is due in full.
Unpaid invoices remain due in full and MY CONCIERGE reserves the right to sue the Member by any legal means to obtain their payment with enforcement. In addition, any late payment by a Professional Client shall automatically result, in addition to the late payment penalties, in an obligation for the debtor to pay a flat-rate indemnity of €40 for collection costs.
In the event of non-use of the services related to a Subscription, no refund of the latter may be requested.
4.3 Liability
Each Customer is responsible for their subscription which is strictly personal to them, and must take all necessary measures to ensure that no person other than the Customer or the identified persons use it on their behalf.
The Customer undertakes to communicate to MY CONCIERGE, as soon as possible, any theft or loss of mobile phone related to the telephone number(s) communicated when taking out the Subscription Agreement. This communication must be accompanied by a declaration of loss or a declaration of theft made to the competent authorities. Similarly, any hacking of the Customer’s mailbox(s) must be reported immediately to MY CONCIERGE.
The telephone number(s) and email address(es) communicated to MY CONCIERGE under the conditions of Article 4 hereof, from which all orders and validation are issued, are considered to authenticate the identity of the holder and user regardless of the medium used (telephone calls, SMS, instant messages, etc.), without any possible dispute on the part of the Customer, except in the case of loss or theft. The Customer undertakes to expressly communicate to MY CONCIERGE, as soon as possible, any change in their personal data or those of the persons identified in the subscription.
ARTICLE 5. Orders
Orders placed by the Customer, by telephone, email, application, will be sent to the Partners through MY
CONCIERGE.
However, MY CONCIERGE reserves the right to refuse any order of an illegal nature, contrary to good morality and probity.
5.1 Order confirmation
MY CONCIERGE will confirm receipt to the Customer by email, on the Internet space assigned under the heading "my requests", on the MY CONCIERGE application or on the WhatsApp application as soon as possible.
5.2 Acceptance of the order
A proposal (offer) is sent to the Customer through the usual communication channel used by the Customer by MY CONCIERGE. The Customer has a period of 48 hours to accept or refuse, unless otherwise specified in the offer.
This offer will include:
– the nature of the product or service ordered;
– the quantity of the product or service ordered;
– the unit price of the product or service ordered, exclusive of tax and inclusive of all taxes, including MY CONCIERGE’s commission;
– the delivery time for the product or service ordered;
– the terms of delivery of the product or service ordered;
– cancellation conditions.
Without express validation by the Customer, the order cannot be sent to the Partners. Any validation by the Customer is definitively binding. Any subsequent cancellation or modification may be subject to cancellation/change fees depending on the terms negotiated with the Partners.
In the event of validation after the deadline of the order, MY CONCIERGE cannot guarantee the prices initially offered to the Customer, as new prices may be charged by the Partner.
5.4 Order tracking
The Customer may monitor, step by step, their order on the Internet space assigned to him by MY CONCIERGE, under the heading "my requests" or on the MY AGENCY application.
MY CONCIERGE will send them, if necessary, any useful information inherent in the order and in particular:
– booking numbers (restaurant, hotel, ticketing),
– dates, times and places of departure and arrival (transport, travel),
– the address of hotels (travel/tourism),
– the names and addresses of the Product Partners and/or service providers.
The benefit of the order is personal to the Customer and may not be transferred to a third party without the prior express consent of MY CONCIERGE.
5.4 Shortage of stocks or services available from Partners
All orders are subject to stocks or services available from the Partner(s).
The Customer will be contacted and replacement solutions will be offered as soon as possible in the event of:
– stock shortage of the products ordered;
– unavailability of the services ordered;
– change in the nature of the product or service ordered;
– modification of the price of the service or product ordered by the Customer;
– modification of the price of the service or product indicated by MY CONCIERGE to the Customer;
– modification of the delivery time indicated by MY CONCIERGE to the Customer.
The proposed replacement solutions will be implemented upon receipt of a written agreement returned by the Customer. The Customer’s agreement is not necessary if the replacement solution is similar to the Service initially chosen.
In the event that no replacement solution is found or accepted by the Customer within five (5) working days, MY CONCIERGE shall proceed with the straightforward cancellation of the order. No compensation of any kind whatsoever may be charged to MY CONCIERGE by the Customer as a result.
In the event that a payment has been made, the latter shall be reimbursed directly by the Partner in the event of cancellation of the order.
5.5 Modification of the order
Any modification or cancellation of an order made by the Customer must take place within a maximum period of seven (7) working days to be taken into consideration by MY CONCIERGE, who will assess depending on the nature of the products or services. In any event, any modification or cancellation of the order by the Customer is subject MY CONCIERGE’s express acceptance in writing.
In the event that MY CONCIERGE refuses to modify or cancel the order as requested by the Customer:
– the price of the order shall remain owed by the Customer;
– the sums already paid by the Customer (price or advance payment) will not be returned under any circumstances.
ARTICLE 6. Payment of orders
Upon validation of the order, the Customer undertakes to pay for orders upon receipt of the corresponding invoice.
6.1 Order price
Orders are invoiced to the Customer on the basis of the exact prices indicated, in euros and all taxes included, upon confirmation of the order by the Customer. This invoice also comprises the commission including all taxes applied by MY CONCIERGE and accepted by the Customer.
6.2 Terms of payment of the order
The Customer shall pay MY CONCIERGE by cheque, credit card or direct debit from a bank account, in accordance with what is specified in the quotation and/or confirmation of the order and upon receipt of the invoice issued by MY CONCIERGE.
Some orders are mandatorily subject to an advance payment in order to be confirmed. In addition, MY CONCIERGE may request a bank card imprint (also called pre-authorisation) allowing it to collect the total amount of the order in the event of late payment. The estimate and/or invoice sent to the Customer shall specify the amount of the imprint, the duration and the direct debit methods.
By providing the information relating to their credit card, the Customer authorises MY CONCIERGE to debit the credit card for the amount corresponding to the price of the order. To this end, the Customer confirms that they are the holder of the credit card to be debited and that the name on the credit card is indeed their own.
The Customer agrees to take all necessary measures with their Bank(s) to add MY CONCIERGE to a list of trusted beneficiaries, as provided for in Article 13 of Delegated Regulation (EU) No. 2018/389 of the European Commission of 27 November 2017.
Validation by the Customer – or by one of the persons previously identified – carried out by any means (telephone, SMS, fax, instant messaging using the telephone number(s) communicated) – of the proposal sent by MY CONCIERGE in response to its request constitutes acceptance of a debit from the Customer’s payment card for the amount of the order.The Customer shall ensure that the details of their payment card are correct and that they have the funds available in their bank account to provide payment for the Services.
6.3 Non-payment
Failure to pay an invoice on its due date shall amount to a cancellation of the Service by the Customer. (if the Service has not been executed yet). The Customer is therefore liable for the sums due according to the cancellation schedule sent by MY CONCIERGE, without prejudice for MY CONCIERGE to be compensated for any loss.
In the event of non-payment, MY CONCIERGE reserves the right to assert its rights before the competent courts
in order to recover all the sums due by the Customer, plus damages in compensation for the economic loss
suffered.
ARTICLE 7. Gift cards
Gift cards can be used for one year from the date of issue, up to a maximum of 30% of the price of the product or service. If the service ordered partially via the gift card is cancelled, where relevant, the amount (after deduction of the cancellation fees applied) will be re-credited to the gift card.
ARTICLE 8. Right of withdrawal of the consumer customer from the subscription contract
In accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) clear days to assert their right of withdrawal with MY CONCIERGE, from the day after the Customer receives confirmation of the effective date of their Subscription from MY CONCIERGE.
If the period of fourteen (14) days expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended until the next working day. The exercise of the right of withdrawal does not have to be justified and does not entail any costs, except, where applicable, the costs of returning documents and material elements (box, card, brochure), already sent by MY CONCIERGE.
This waiver shall give rise to the reimbursement of the Subscription Agreement which has already been paid by the Customer.
ARTICLE 9. Term of the Subscription Agreement
Subscription Agreements are entered into for a term of one year. After the expiry date, it shall be renewed by tacit agreement for successive periods of one year, unless terminated by either party.
In accordance with Article L. 215-1 of the French Consumer Code, MY CONCIERGE informs the Customer, at the earliest three months and at the latest one month before the end of the subscription, of the possibility of not renewing the Subscription Agreement. If MY CONCIERGE does not inform the subscriber of their option to terminate the contract, the latter may terminate the contract free of charge at any time from the renewal date.
In this case, the amount of the unconsumed subscription is refunded within thirty (30) days from the date of termination.
If the Customer does not express the desire to terminate the Subscription Agreement subject to 30 days’ notice, the latter shall be renewed for the same term as the Initial Subscription Agreement.
If the Customer wishes to use the Subscription immediately after subscribing to it, they expressly waive their right of withdrawal.
ARTICLE 10. Early termination of the Subscription Agreement
In the event of non-payment of the subscription on the agreed due dates or non-compliance with one of the conditions herein by the Customer, MY CONCIERGE may automatically terminate the Subscription Agreement, after formal notice has remained unheeded.
This termination may not give rise to any request for reimbursement or payment of any compensation in favour of the Customer.
ARTICLE 11. Protection of personal data
Article 11.1. Data collected
As part of its activity, MY CONCIERGE processes and uses personal data relating to Customers and Beneficiaries.
As such, the Company collects the following personal data: first name, surname, title, postal address, email
address, telephone number, particulars noted in the contract, payment terms.
Article 10.2. Intention
The collection of personal data is essential to the performance of the contract. Refusing to communicate would expose the Customer to difficulties in performing the service, for which MY CONCIERGE may not be held liable.
This personal data is collected for the exclusive purpose of ensuring the management of MY CONCIERGE’s Clients on the basis of the Customer’s consent. It is only used for the purposes to which the Customer has consented.
Following are the specific purposes:
– Identification of persons placing orders
– Formalisation of the contractual relationship
– Fulfilment of orders reserved with MY CONCIERGE
– Management of contracts and bookings (such as room allocation and travel management)
– Communication to Partners for the fulfilment of orders
– Accounting, in particular the management of Customer accounts and monitoring of the Customer relations
– Processing transactions relating to Customer management
– Marketing communications and market research, promotion.
Article 10.3. Persons authorised to access the data
The persons authorised to access the data collected by MY CONCIERGE Company are: MY CONCIERGE employees and partners working on the services requested by the Customer and, where applicable, the service providers to which MY CONCIERGE sub-contracts the performance and/or administration of services, who are, as such, required to intervene in the processing, it being specified that in such cases, whether they are partners or subcontractors, this is carried out in compliance with the regulations in force.
Article 10.4. Data retention
This personal data collected is stored for the legal retention period relating to the purpose of the processing and at most for 5 years.
The personal data relating to the Customer’s credit card is only stored for the time necessary to complete the transaction.
MY CONCIERGE implements organisational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and MY CONCIERGE cannot guarantee the security of the transmission or storage of information on the Internet.
Article 10.5. Rights of the holder of the data collected
In accordance with the regulations applicable to personal data, each user has the right to query, access, amend, oppose, and rectify the collection and processing of their personal data, for legitimate reasons. It is possible to request that this data be rectified, supplemented, clarified, updated, or erased.
These rights may be exercised by sending a signed letter to the data controller, to the email contact@myagency.group, attaching a copy of your identity document to your request.
The Customer may lodge a complaint with the CNIL at any time, following the procedure indicated on the website (https://www.cnil/fr).
Article 10.6. Amendment of the clause
MY CONCIERGE reserves the right to amend this clause relating to the protection of personal data at any time. If a change is made, MY CONCIERGE undertakes to publish the new version on its website, and will also inform users of the change by email, within a minimum of 15 days before the effective date.
ARTICLE 12. Language of the contract
These General Terms and Conditions of Sale were drafted in French.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 13. Limitation of liability of MY CONCIERGE
MY CONCIERGE provides concierge services and acts as an intermediary only. As such, MY CONCIERGE is bound only by an obligation of means.
The Customer acknowledges and accepts that MY CONCIERGE acts according to their wishes as expressed in their requests. Thus MY CONCIERGE cannot be held liable for an error arising directly from the Customer’s actions.
MY CONCIERGE shall not be held liable for the total or partial non-performance of the services ordered in the name and on behalf of the Customer from the Partners. In addition, in accordance with the legal provisions, MY CONCIERGE cannot guarantee the Customer against any lack of conformity of the goods and any hidden defects, resulting from a fault in the design or construction of the goods supplied by a Partner and rendering them unfit for the use for which they were intended.
In the event of difficulties, the Customer shall send directly to the Partner of the service or product concerned any claim for compensation or any other request relating to the product or service ordered through MY CONCIERGE to claim compensation.
MY CONCIERGE may forward to the Partner the complaint letters sent by the Customer.
In accordance with Article L. 216-4 of the French Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the time they physically take possession of such goods. Thus, when MY CONCIERGE is responsible for shipping or delivering goods on behalf of its Customers, it cannot be held liable for any damage occurring outside the routing process.
For orders concerning tourist services and/or tourist packages within the meaning of the French Tourism Code, it is hereby specified that MY CONCIERGE is not a travel agency and cannot be held responsible for the proper performance of the services reserved on behalf of the Customer.
In the event of difficulty before, during or after the stay, only the service providers (accommodation, transport, activities, etc.) chosen by the Customer may be held liable.
MY CONCIERGE may not be a party to any dispute whatsoever between the Customer and any travel provider, since it acts as an intermediary. In this respect, MY CONCIERGE cannot under any circumstances and for any fault whatsoever be held liable for the actions of the tourism service providers and/or their employees and/or any third party required to provide services to the Customer.
MY CONCIERGE cannot under any circumstances be held liable in the event of difficulty or failure of reservation with the suggested service providers (accommodation, activities, visits, excursions, etc.).
ARTICLE 14. Force majeure
Any event beyond the control of the parties, which could not reasonably be foreseen at the time of conclusion of the agreement and whose effects cannot be avoided by appropriate measures, shall be considered as preventing the obligor from performing its obligation and entails the suspension of the agreement.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
If the circumstances which require one of the parties to suspend performance of the agreement continue for more than six months, either party may request the termination of the agreement.
ARTICLE 15. Dispute resolution
Article 15.1. Applicable law and jurisdiction
These general terms and conditions are governed by French law. This is the case for both substantive and formal rules. For the Consumer Customer, the application of French law is without prejudice to the application of more protective mandatory provisions of their country of residence.
Where the Customer is a professional, any dispute that may arise between the Parties concerning the validity, performance or, more generally, these GTCS shall be subject to the jurisdiction of the Courts of the city of Paris.
Article 15.2. Mediation
The Customer may use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer may therefore refer the matter to the Association of European Mediators (AME CONSO) within one year of the written complaint sent to MY CONCIERGE:
– or by internet by completing the form dedicated to this purpose made available on the website, accompanied by documents supporting the request(Art. R 614-1 9);
– or by post: AME Conso, 197 Boulevard Saint-Germain – 75007 PARIS, accompanied by documents supporting the request and taking care to indicate their full contact details (name, address, telephone and email if applicable) to be contacted easily.
Article 15.3. Online sales
In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, in the event the service has been purchased online by the Customer, the Customer is informed that they may file a claim and select a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 15.4. Evidence
It is expressly agreed that the data contained in MY CONCIERGE’s information systems have probative value as regards the orders. It may be validly produced as evidence, particularly in court, in the same way as any written document.