Terms of use

TERMS AND CONDITIONS OF USE
MERCI LA CONCIERGERIE

Preamble

Myfreebutler (a simplified joint-stock company whose registered office is located at 37 Allée des Mimosas, 17132 Meschers Sur Gironde - registered in the Saintes Trade and Companies Register under no. 845 298 603) is a digital services company which publishes a contact service called "Merci la Conciergerie", accessible by any Internet user at www.mercilaconciergerie.com or via any personalized address on behalf of the Internet user's employer, or via any existing or future mobile application published by Myfreebutler (hereinafter the "Site").

The Site thus enables Internet users to be put in contact, via Merci la Conciergerie, with recognized Professionals, with a view to acquiring their goods and/or using their services.

These General Terms and Conditions of Use (hereinafter referred to as the "GTCU") apply to any use by an Internet user of Myfreebutler's Intermediation service (hereinafter referred to as the "Services").

In particular, the Internet user has been able to appreciate the presentation of the Services on the Site and to obtain the information he or she required from Myfreebutler, which has responded to all his or her requests and queries and provided him or her with the information it had available or of which it was aware. The Internet user is solely responsible for ensuring that the Services meet his or her needs.

By accessing the Site and using the Services, the Internet user acknowledges that he/she has read and accepted the GCU without reservation by checking the appropriate box. The applicable GCU are those in force on the day of intermediation between the Internet user and the Professional. Any use of the Services by the Internet user implies full and unreserved acceptance of the GCU. No special condition, stipulation printed on the Internet user's request or correspondence, etc., shall prevail over the GCU unless expressly accepted in advance and in writing by Myfreebutler.

ARTICLE 1. DEFINITIONS

For the understanding and interpretation of the terms contained in the GCU or its appendices, whether used in the singular or plural, the Parties agree to refer to the following definitions:

Subscription :
Refers to the period during which the Internet User can access the "Merci la Conciergerie" Services.

GCU: Has the meaning given to it in the preamble hereto.

Request:
Refers to any use of the Services by the Internet User with a view to obtaining an Estimate from Myfreebutler and, where applicable, a Quotation from the Professionals.

Quotation :
Refers to sales or service offers sent by Professionals to the Internet User, directly or via Myfreebutler, and including in particular (i) the Professional's general sales or service conditions (ii) the Service(s) covered by the Quotation, as well as (iii) the applicable pricing conditions.

Accepted Quotation: Refers to any Quotation that has been expressly accepted by the Internet User.

Personal Data: Refers, in accordance with Law 78-17 of January 6, 1978 as amended and Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter the "Personal Data Regulation"), to any information relating to an identified or identifiable natural person such as their first and last name, telephone or postal contact details.

Estimate :
Refers to the estimated cost of a Service sent via Myfreebutler to the Internet User following a Request.

Internet User: Refers to any natural person with full legal capacity, not benefiting from a special protection regime (guardianship or trusteeship) and who connects to the Site with a view to using the Services or not.

Services:
Refers to the sale of products to the Internet User, or the provision of services to the Internet User, by the Professional.

Parties :
Refers to Myfreebutler and the Internet User
Professional:
Refers to any product seller or service provider with whom the Internet User is put in contact via Myfreebutler.

Services:
Refers to all intermediation services offered by Myfreebutler to the Internet user.

Site:
Has the meaning given to it in the preamble hereto.

Territory: Refers to the French metropolitan territory, it being specified that the Services may not be accessible on all or part of the Territory.

ARTICLE 2. ACCESS TO SERVICES

2.1. Technical requirements

To access the Services, the Internet User must have :

an effective Internet connection, either via computer or cell phone,
and, a telephone number on which he/she can be reached throughout the use of the Services and the Application process (Article 4).

2.2. Service availability

Myfreebutler reminds you that it is technically impossible to publish a digital service free of all defects, which may lead to the temporary unavailability of the Site and/or Services. Similarly, the proper functioning of the Site may be affected by external and unforeseeable events and/or elements, such as a breakdown in transmission and communication means.

Myfreebutler reserves the right, at any time, to interrupt temporarily or permanently all or part of the Site and/or Services in order to carry out maintenance operations, improvements and/or modifications to the Site and/or Services.

2.3. Support

Myfreebutler provides Internet users with telephone support to help them resolve any difficulties they may have in using the Services.

Myfreebutler undertakes to provide its support services in accordance with commercial practice and will use its best efforts to ensure that the Services and support are accessible on working days and during working hours, except for (i) scheduled or unscheduled maintenance of the Site and (ii) any unavailability of the Site due to force majeure.

2.4. Modification of Services

Myfreebutler reserves the right to develop the Services by adding, modifying or removing certain functionalities and/or certain Professionals.

2.5. Control

You authorise Myfreebutler to monitor your use of the Services.

ARTICLE 3. DESCRIPTION OF SERVICES

The purpose of the Services is to enable Myfreebutler to put the Internet User in contact, exclusively within the Territory, with Professionals who have declared that they have the skills required to provide the Services requested.

The Professionals selected by Myfreebutler are specialized in the fields of Merci la Conciergerie Services as listed on the Site on the day of the Request.

Within the framework of the Services, Myfreebutler acts as a simple intermediary between the Internet user and the Professional.

Consequently, Myfreebutler (i) does not provide, on a personal basis, any of the Services which are the subject of a Request for Quotation or a Confirmation of Quotation, (ii) is not a party to the contract of sale or contract for the provision of services concluded between the Internet user and the Professional and (iii), consequently, does not intervene in any way in the commercial relationship between the Internet user and the Professional, whether before, during or after the provision of the Services.

ARTICLE 4. USING THE SERVICES AND SENDING A REQUEST

4.1. Services

Access to the Service is granted free of charge by Myfreebutler from and to the Territory.

To send a Request, the Internet user must first either have an account created by his employer, or create an account on the Site and provide at least the information indicated with an asterisk (*).

Each Internet user may send a Request either from the Site, or by telephone to the number shown on the Site, or by chat accessible from the Site, or by SMS sent to the telephone number shown on the Site, or by e-mail to the address shown on the Site.

Each Internet user is solely responsible for the data he/she provides to Myfreebutler in his/her Request in order to enable Myfreebutler to establish an Estimate. Consequently, Myfreebutler shall not be held liable in any way whatsoever in the event of omission or error by the Internet user in the transmission of his or her Request.

Myfreebutler reminds Internet users that the login and password given to them to access the Services are strictly personal and confidential.

As a result :

Myfreebutler cannot be held responsible for fraudulent access to the Services by an unauthorized third party using said login and password.
each Internet User acknowledges and accepts that any transmission of a Request by means of his/her login and password is deemed to have been made by him/her.

4.2. Estimate, Quotation and Accepted Quotation

The transmission of a Request by the Internet User under the conditions referred to in Article 4.1 above, the issue of a Quotation by the Professional and the Accepted Quotation may, depending on the Services requested, correspond to diagrams 1 to 3 below.

Myfreebutler undertakes, where necessary, to specify to the Internet user at the time of each Request which scheme it is part of.

In any case:

if the Services are subject to online payment, and after ticking the box corresponding to acceptance of the GCU, the Internet User is directed to the secure online credit card payment page, where he/she must fill in his/her bank details to enable either payment or blocking of the amount corresponding to the Estimate on his/her bank account.
if the Services are subject to payment on site, by cheque or credit card, the Internet User must tick the box corresponding to acceptance of the GCU and may be asked to provide proof of identity for all payments made by cheque.

4.2.1. Diagram 1 - Direct payment from the Internet user to the Service Provider

Step 1: The Internet user logs on to the Site and selects the Service(s) he or she feels he or she needs.

Step 2: The Internet user contacts Myfreebutler and answers the multiple-choice questionnaire as accurately as possible in order to send a Request and to enable Myfreebutler to send an Estimate.

Step 3: If the Internet user agrees to the Estimate, the Internet user fills in a contact details form (first name, surname, telephone number, e-mail address, postal address, etc.). This data is essential for the provision of the Service(s). The Internet user's data may, subject to his consent, have been stored by Myfreebutler under the conditions set out in Article 13 below. Myfreebutler transmits its requirements, contact details and the Estimate to the Professional.

Step 4: Transmission by the Professional to the Internet user, to the contact details provided by the latter, of his Quotation accompanied, in particular, by his general terms and conditions of sale or services.

Step 5: The Internet User sends the Accepted Quotation to the address provided by the Professional.

Step 6: Payment of the Quotation Accepted by the Internet User to the Professional in accordance with the charges and conditions set by the latter.

Step 7: Sale of the product and/or performance of the service by the Professional.

4.2.2. Figure 2 - Advance payment by Myfreebutler

Step 1: The Internet user connects to the Site and selects the Service(s) he or she feels he or she needs.

Step 2: The Internet user contacts Myfreebutler and answers the multiple-choice questionnaire as accurately as possible in order to send a Request and to enable Myfreebutler to send an Estimate.

Step 3: If the Internet user agrees to the Estimate, the Internet user fills in a contact details form (first name, surname, telephone number, e-mail address, postal address, etc.). This data is essential for the provision of the Service(s). The Internet user's data may, subject to his or her agreement, have been stored by Myfreebutler under the conditions set out in Article 13 below. Myfreebutler will transmit his or her requirements, contact details and Estimate to the Professional.

Step 5: The Internet user advances the costs to Myfreebutler for payment of the Accepted Quotation to the Professional.

Step 6: Payment of the Accepted Quotation by Myfreebutler on behalf of the Internet User to the Professional in accordance with the charges and conditions set by the latter.

Step 7: Sale of the product and/or performance of the service by the Professional.

4.2.3. Diagram 3 - Banking authorization given by the Internet user

Step 1: The Internet user connects to the Site and selects the Service(s) he or she feels he or she needs.

Step 2: The Internet user contacts Myfreebutler and answers the multiple-choice questionnaire as accurately as possible in order to send a Request and to enable Myfreebutler to send an Estimate.

Step 5: The Internet User sends the Accepted Quotation to the address provided by the Professional.

Step 6: Direct debit authorization given by the Internet user via the MangoPay service.

Step 7: Sale of the product and/or performance of the service by the Professional.

Step 8: Confirmation by the Professional of the final amount of the Accepted Quotation.

ARTICLE 5. OBLIGATIONS OF THE INTERNET USER, MYFREEBUTLER AND THE PROFESSIONAL

5.1. Obligations of the Internet user

The Internet user undertakes to:

comply with the technical requirements (Article 2.1),
transmit the mandatory information, indicated by an asterisk on the Site, as well as his/her contact details (Article 4.1), which he/she guarantees to be true, accurate and complete,
inform Myfreebutler of any changes to this information.

Any abusive use of the Services and/or any whimsical, inappropriate or illegal request with regard to the Services and/or any usurpation of identity will result in the possibility for Myfreebutler to exclude the Internet user from the Services.

5.2 Obligations of Myfreebutler

Myfreebutler guarantees its independence from the Professionals and undertakes not to favour any of them over the Internet User's Request.

Myfreebutler, in accordance with Article 4, undertakes only to:

Send an Estimate according to the needs expressed by the Internet user,
put the Internet User in contact with the selected Professional so that the latter can perform the Service(s) specified in the Accepted Quotation.

5.3. Obligations of the Professional

Myfreebutler reminds the Internet user that the Professional is an independent trader who defines, under his sole responsibility, the profile and number of collaborators in charge of the accepted Quotation and the realization of the Services.

However, the Professional undertakes, within the framework of the Services, in particular (i) to comply with the legal and regulatory provisions applicable to the performance of the Services, the administrative conditions of eligibility for the Services, (ii) to be up to date with his tax and social security obligations, (iii) to apply the rates in accordance with the Quotation, and (iv) to transmit to the Internet User his own general terms and conditions of sale or services.

ARTICLE 6. FINANCIAL CONDITIONS

6.1. Access to Services

Access to the Services by the Internet User is free of charge.

However, it should be noted that the Internet user alone bears the costs associated with compliance with the technical prerequisites (Article 2) and the costs of connecting to the Internet and/or telephone network.

6.2. Services

The cost of the Services is set out in the Quotation and accepted by the Internet User in the Accepted Quotation.

The Internet user, in accordance with the stipulations of Article 4, pays the price of the Services:

Or, directly with the Professional,
Or via the payment service provided,
Or through Myfreebutler, after advancing the costs.

It is reminded that the Professional may only increase the amount of an Estimate for a legitimate reason related to a diagnostic error at the time of the Request and/or the establishment of the Estimate, with the express and prior agreement of the Internet User and after having informed Myfreebutler in advance.

In any event, in the event of cancellation by the Internet User of his or her Request and in the event that a Professional has travelled to carry out the Service, the Internet User is required to pay a sum of fifty (50) euros to compensate the said Professional.

ARTICLE 7. DURATION

The Subscription is concluded either for an indefinite period when the Internet user creates his account directly with Myfreebutler, or for the duration of the opening of the Services subscribed by his employer.

The Internet user may terminate his Subscription at any time either directly from the Site, under the heading "my account", or by registered letter with acknowledgement of receipt sent to the address of Myfreebutler's registered office.

ARTICLE 8. GUARANTEES

The Internet user declares and guarantees that he/she is using the Services on a personal basis and that he/she is not linked, directly or indirectly, to a company operating in competition with Myfreebutler.

The Internet user declares and acknowledges having been fully informed by Myfreebutler that it does not guarantee the Services provided by the Professionals, nor that :

the Services meet its needs,
the Services will operate without interruption or error.

ARTICLE 9. LIABILITY AND LIMITATION OF LIABILITY

9.1. Responsibility of the Internet user

The Internet user is solely responsible for the use of the Services and their suitability for his/her needs.

He/she undertakes to ensure the security of his/her computer system and the backup of his/her data, and not to disrupt the proper functioning of the Services and/or the Site.

Consequently, Myfreebutler shall not be held liable in any way whatsoever for any disputes that may arise between the Internet user and the Professional, or for any claims or damages, present or future, presumed or not, ascertained or not, resulting directly or indirectly from the provision of the Services.

Any use of the Site and/or Services by the User contrary to the GCU shall entitle Myfreebutler, without prejudice to any damages to which it may be entitled, to :

suspend or refuse access to the Services to the Internet User,
cancel any current Request.

9.2 Responsibility of Myfreebutler

Myfreebutler provides the Services to the Internet user and acts solely as a broker for the purpose of bringing the Internet user and the Professional into contact with each other.

Myfreebutler therefore expressly declines all responsibility for the establishment of (i) the Estimate transmitted by Myfreebutler on the basis of information transmitted by the Internet user and (ii) the Professional's Estimate.

Furthermore, Myfreebutler shall not be held liable for any commitments made by the Professionals, nor for any failure on their part to perform, delay or improper performance of the Services.

Myfreebutler's liability is therefore limited (i) solely to the technical conditions under which the Internet user and the Professional are connected and (ii) to the operation of the Site.

In any event, Myfreebutler's liability under the GCU or the use of the Services shall in no event exceed the sum of one hundred (100) euros, all damages included.

ARTICLE 10. SUSPENSION AND TERMINATION

Without prejudice to the other stipulations of the GTU, Myfreebutler may, in the event of non-compliance by an Internet user with one of the stipulations of the GTU, may:

Or, inform him of the breach and ask him to remedy it as soon as possible,
Suspend or terminate your Subscription.

In addition, and in the event of non-performance by either Party of its contractual obligations under the GCU, which has not been remedied within thirty (30) days from the date of the registered letter with acknowledgement of receipt notifying the non-performance in question, also covering the present resolutory clause, the Subscription may be terminated by the other Party, notwithstanding any damages it may claim as a result of said non-performance, in accordance with the provisions of article 1225 of the French Civil Code.

The rights and obligations of the Parties referred to in Article 8, Article 9, Article 11, Article 12, Article 13, Article 14, and Article 15 remain in force for the purposes of their performance upon expiry of the GCU and even in the event of termination, for whatever reason.

ARTICLE 11. FORCE MAJEURE

None of the Parties may be held liable for non-performance of the GCU insofar as such non-performance - or delay - and the impediment in the performance of their respective obligations result from a case of force majeure, fire, natural disaster, transport strike, accident, act of God or any other cause beyond its control, within the meaning of French law and jurisprudence.

ARTICLE 12. INTELLECTUAL PROPERTY

The GCU do not imply any transfer of intellectual property rights of any kind on the elements belonging to Myfreebutler and/or the Professionals for the benefit of an Internet user.

Myfreebutler declares that it is the owner of all intellectual property rights pertaining to the elements appearing on the Site or that it is duly authorized to reproduce them. The Internet user and the Professional are prohibited from reproducing and/or representing, in whole or in part, all or part of the elements appearing on the Site without the prior and express authorization of Myfreebutler.

Myfreebutler reminds the Internet user that the trademarks, logos and distinctive signs of the Professionals reproduced on the Site belong to the latter and that it is therefore also forbidden to reproduce and/or use them without the prior and express agreement of the Professional concerned.

ARTICLE 13. PERSONAL DATA / COOKIES

13.1. Personal data

The conditions under which Myfreebutler processes the Internet user's Personal Data are set out in its Privacy Policy, which the Internet user declares and acknowledges having read and accepted prior to any use of the Services. The present stipulations complete, where necessary, the aforementioned Privacy Policy.

In this context, Myfreebutler reminds the Internet user:

that it may collect Personal Data concerning him/her, on the occasion of any use of the Services,
that it may record Personal Data during any exchange with its services through telephone conversations, exchanged e-mails, chats and SMS messages,
that it retains the history of the Internet user's connections to the Services in compliance with the regulatory deadlines imposed on it,
that invoices issued by the Professional are transmitted to Myfreebutler for the purpose of controlling the performance of the Services,
that the Internet user has the right to access, rectify, delete, oppose and port his or her data by contacting Myfreebutler at the address of its registered office or by sending an e-mail to rgpd@mercilaconciergerie.com.

The Internet user is informed that he/she has the right to lodge a complaint with the competent supervisory authority, such as the Commission Nationale de l'Informatique et de Libertés in France.

Where telephone contact details have been collected, the Internet user is informed of the possibility of registering on the list of opposition to telephone canvassing provided for consumers (article L. 223-1 of the French Consumer Code).

13.2 Cookies

The Internet user acknowledges that Myfreebutler or any third party appointed by Myfreebutler may use cookies or any other similar technique to track his browsing on the Site and thus collect data about him.

Users may prevent cookies from being stored on their computer's hard drive by configuring their browser(s) as specified by their publishers (for Microsoft Edge: https://support.microsoft.com/fr-fr/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy/ for Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=fr/ for Apple Safari: https://support.apple.com/fr-fr/guide/safari/sfri11471/mac / for Mozilla Firefox: https://support.mozilla.org/fr/kb/autoriser-bloquer-cookies-preferences-sites).

Internet users have the right to object, free of charge, to their personal data being used for such purposes.

13.3. Third-party websites

Any click on a hypertext link appearing on the Site may cause the Internet user to leave the Site. Myfreebutler neither approves nor controls third-party Internet sites. Consequently, Myfreebutler may not be held responsible for the content or operations of third-party Internet sites accessible from the Site.

ARTICLE 14. GENERAL STIPULATIONS

14.1 Modifications to the GCU

Myfreebutler reserves the right to make any changes it deems necessary to the GTCU and undertakes to make the new GTCU available to Internet users prior to any Request. Any use by the Internet user of the Services subsequent to the updating of the GCU implies acceptance by the latter of the said new GCU.

14.2. Partial invalidity

If one or more stipulations of the GCU is/are held to be illegal, null or unenforceable in whole or in part, in application of a law, regulation or following a final decision of a competent court, the stipulation(s) in question will be modified in compliance with the law, in a way that reflects, as far as possible, the original intention of the Parties, and the other stipulations will retain all their force and scope.

14.3. No waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in the GCU shall not be construed as a waiver of the obligation in question.

14.4 Securities

In the event of any difficulty in the interpretation of any of the headings or intertitles placed at the head of any of the stipulations herein, with any of these stipulations, the headings shall be declared non-existent.

14.5. Direct debit - Notification

Myfreebutler elects its registered office as its domicile for the purpose of executing the GTCU and its consequences.

Notifications, if any, will be sent to the Internet User by e-mail to the address given when the Request was submitted.

14.6 Completeness

The TOU constitute the entire agreement between the User and Myfreebutler and supersede any prior or contemporaneous oral statements or written stipulations relating to the same subject matter.

14.7. Convention on proof

In accordance with Article 1368 of the French Civil Code, the Parties agree to the rules of evidence admissible between them in the context of the GCU. The Parties agree that the recordings made by Myfreebutler's information system are admissible before the Courts and constitute proof of the data and elements that they materialize in accordance with the requirements of article 1367 of the French Civil Code. The Parties agree that the time-stamping elements of Myfreebutler's information system are admissible before the Courts and are proof of the data and elements they contain.

ARTICLE 15. APPLICABLE LAW - COMPETENT COURT

THE CGU ARE GOVERNED BY FRENCH LAW.

In the event of a dispute between an Internet user and Myfreebutler concerning the execution or interpretation of these GTU, the parties will attempt to find an amicable solution. The Internet user therefore undertakes to contact Myfreebutler's customer service department as a matter of priority, either by post to the address of its registered office as indicated in the preamble to the GCU, or to the following e-mail address contact@mercilaconciergerie.com. Should discussions between the parties fail, the Internet user may submit the dispute to the Médiateur de la Fédération E-Commerce et Vente A Distance (FEVAD), either by letter addressed to Médiateur du e-commerce de la FEVAD, 60 rue la Boétie - 75008 Paris, France, or directly online at https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso.
As this method of amicable dispute resolution is optional, the Internet user retains the right to bring the matter before the competent courts at any time.