Terms of Service

 

Article 1. Purpose of the General Conditions of Use

This document aims to describe the conditions of use of the “Act2Win” mobile application (hereinafter, the “ Application ") And the website accessible at the address https://www.act2win.fr (hereinafter, the" Site »), Edited and owned by JBS Services, a simplified joint-stock company with a capital of 1000 euros, whose registered office is 11 rue des Arts et Métiers Lotissement Dillon Stade c / o BURO Club Martinique Building Avantage Entrance B 1st floor 97200 Fort de France, registered in the Fort de France trade and companies register under number 898 694 864 (hereinafter, "Act 2 Win")

The publication director is Mr. Johan BARCLAY, president of ACT 2 WIN.

Act 2 Win can be contacted at its postal address as well as at the following email address: contact@act2win.fr

The Website is hosted by Planet Hoster, whose head office is located at 4416 Louis B. Mayer, Laval, Quebec, Canada, H7P 0G1.

The host can be contacted at his postal address as well as on his website at the following address: https://www.PLANETHOSTER.com/fr/Contact

Through the Application and the Site, ACT 2 WIN offers consumers the services defined in Article 3 below.

These general conditions of use (the " Terms of Service ") Govern all relations between ACT 2 WIN and any person of full age having the status of consumer within the meaning of French law (hereinafter, the" User ”) In the context of the latter's use of the Application and / or the Site.

Article 2. Acceptance of the General Conditions of Use

The User must accept the General Conditions of Use in order to access the Application and / or the Site and to use the Services. If the User does not accept all or part of the General Conditions of Use, he must renounce access to the Application and / or the Site and to use the Services.

ACT 2 WIN reserves the right to adapt or modify the General Conditions of Use at any time by publishing an updated version of these General Conditions of Use and informing Users of this modification.

The General Conditions of Use applicable to the User are those in force on the day of the order placed by the latter, as described in Article 8 below.

The User is invited to print without delay and to keep for his records a copy of the version of the General Conditions of Use which will be applicable to him.

By using the Services, the User certifies that they are an adult non-commercial person acting for their personal needs. He acknowledges having the full capacity to commit to the General Conditions of Use.

Article 3. Description of the Services

The Application is a software package designed as a mobile application that can be used on smartphones and tablets, downloadable free of charge from the App Store and Google Play.

The Site is accessible free of charge anywhere to any User with Internet access.

All costs incurred by the User to access the Application and / or the Site (computer hardware, software, Internet connection, etc.) are at their expense.

The Application offers, through a geolocation system, to put the User in touch with Shops offering products (food and non-food) for sale at reduced prices due, for example, to their limited shelf life, participating thus to the fight against waste.

The Shops registered on the Application and the Site are hereinafter referred to as the " Partner businesses ".

The products offered via the Application by Partner Shops are hereinafter referred to as " Products ". The Products are presented for sale in the form of “baskets” containing unsold items of the day in question (eg: seasonal vegetable baskets; beauty basket, etc.).

The operation of the Application is as follows:

  • the User downloads the Application and creates an account by entering the information mentioned in the Privacy Policy accessible at the following address: https://www.act2win.fr/confidentialite ;
  • through a geolocation system, the Application informs the User of the offers for the sale of Products published on the Application by the Partner Stores located nearby;
  • the User can order Products from Partner Shops through the Application, under the conditions described in Article 8 below, payment being made under the conditions described in Article 12 below. below, via the Application;
  • it is then up to the User to go to the store at the Merchant Partner to collect the Product which has been the subject of the order.

A “Help” section is available on the Application for a more detailed description of the features and tabs of the Application and its use.

It is emphasized that the Application only offers a connection between Users and Partner Shops, any Product sales contract being concluded directly between Users and Partner Shops, according to the general conditions of sale of Partner Shops which will be brought to the attention of Users beforehand.

The Site provides Users with information about the Application as well as a space for Partner Shops.

In accordance with article L.111-7 of the Consumer Code, ACT 2 WIN provides Partner Shops with a space allowing them to communicate to Users the information provided for in articles L.221-5 and L.221-6 of the same Code, available on the Application.

The services described above are referred to as the " Services ”In these General Conditions of Use.

Article 4. Property rights - License

The Application, the Site and their content, including informative content and visual elements, whether or not they are registered as a trademark or otherwise, are the exclusive property of ACT 2 WIN or of third parties with which the latter has concluded agreements allowing their reproduction, distribution and exploitation. The User does not have the right to reproduce, distribute or more generally exploit this content, in whole or in part, notwithstanding the means employed, without having obtained the prior written consent of ACT 2 WIN.

ACT 2 WIN grants the User a limited, non-exclusive, non-transferable and strictly personal right to use the Application and the Site and their content free of charge.

Apart from the rights granted in this article and without prejudice to these, the User is not authorized hereunder to:

  • copy, print or transfer all or part of the Application, the Site or their content;
  • sell, distribute, rent or sub-license in any way all or part of the Application, the Site or their content;
  • modify the Application, the Site or their content;
  • reproduce or merge all or part of the Application, the Site or their content in other computer programs;
  • compile, decompile, disassemble, translate or analyze the Application, the Site or their content, except within the limits authorized by French law;
  • use the Application, the Site or their content for purposes other than their original function.

Article 5. Use of the Application and / or the Site - Obligations of the User

To access the Services, the User must download the Application and create an account by entering the information mentioned in the Privacy Policy, including his geolocation.

The User acknowledges and accepts that the Application may at any time cease to support a given mobile device operating system and that, if applicable, the User will have to download a mobile device operating system. compatible so that you can continue to use the Services.

The User also recognizes and accepts that the use of the Services depends on the proper functioning of his computer equipment and his Internet connection.

The User undertakes, in the context of the use of the Application and / or the Site, to comply with French law and not to infringe the rights of third parties or public order.

In the event of non-compliance by the User with the General Conditions of Use, ACT 2 WIN reserves the right to suspend or delete the User's account without notice, and this without prejudice to any damages that may be due. by the User to ACT 2 WIN in compensation for the damage suffered as a result of the User's failure. ACT 2 WIN will inform the User of the suspension or deletion of his account at the email address provided by the latter.

Article 6. Obligations of ACT 2 WIN

ACT 2 WIN implements all the means at its disposal to ensure quality access to the Application, the Site and the Services.

The obligation being of means, the Company does not undertake to achieve this result.

Article 7. Advertisements and Products

The Partner Stores post announcements on the Application via their personal space available on the Site (hereinafter, the " Advertisement »), Describing in particular the essential characteristics of the Products presented for sale in the form of baskets, their quantity, the price of the baskets before and after reduction, the duration of the offer and the times at which these Products can be withdrawn. .

Product prices are expressed in euros (€) and include the amount of value added tax (VAT).

It is the responsibility of the Partner Shops to provide accurate and up-to-date information concerning the Products and their availability within the Advertisements.

The Products are available at the prices and conditions offered by the Partner Shops.

ACT 2 WIN does not intervene in the drafting of the Advertisements and does not exercise any control over their content, apart from legal obligations imposed on it.

Any contract for the sale of Products is concluded directly between the Users and the Partner Shops, according to the general conditions of sale of the Partner Shops which are first brought to the attention of the Users.

The Partner Shops are separate and independent persons from ACT 2 WIN, which, in any case, does not manufacture, buy, sell, store, pack or manage the Products.

Article 8. Ordering Products

1. One-off order of Products

The User can select one or more Products that are the subject of an Announcement by a Merchant Partner and click on “Order”.

Any order that has been the subject of an order confirmation as described in point C below may be canceled by the User, via the Application, up to two (2) hours before the start of the schedule. collection point indicated by the Merchant Partner for the withdrawal of the Products and recalled in the order confirmation. In such a case, the transaction will be canceled and the User will not be debited. In the event of cancellation made less than two (2) hours before the start of the collection time or of an order not collected before the end of the collection time, the User will be debited for the amount of his order and no refund. will not be carried out.

In addition, if the Product (s) ordered becomes unavailable after the order has been confirmed, ACT 2 WIN will inform the User of this unavailability as soon as it is itself informed by the Merchant Partner, by means of a notification on the Application and by email to the email address provided by the User or by text message to the telephone number provided by the User, according to the latter's preferences as entered on the Application. In this case, the User will not be debited for the price of the Product (s) concerned.

2. Subscription

Some Partner Stores may offer a Subscription offer, as described below (hereinafter, a " Subscription ").

If the Merchant Partner chooses to offer such an offer, it will appear on the Application. ACT 2 WIN cannot under any circumstances be held responsible for the absence of a Subscription proposal by a Merchant Partner.

Unless otherwise specified in the Merchant Partner's offer:

  • a Subscription allows the purchase, from the said Merchant Partner, of four (4) baskets of Products, the baskets of Products being to be withdrawn from the Merchant Partner in question at the frequency of one (1) basket of Products per week, on the dates and times specified in the Announcement of said Merchant Partner;
  • a Subscription allows the purchase of the four baskets of the aforementioned Products with a reduction of five (5) % of the total price of the four baskets; the total price is paid on the date of the order;
  • the Subscription takes effect from the order confirmation as described in point C below, and ends on the date of availability of the fourth basket of Products as indicated by the Merchant Partner;
  • the Subscription will be tacitly renewed for the same duration at each expiry date, unless terminated by the User before the date of availability of the last basket of Products on the Application in his "My purchases" area. In the event of termination after the date of availability of the last basket of Products, the price will be due for the tacitly renewed Subscription, termination taking effect at the end of the extended period;
  • the User will have the possibility to suspend his subscription for one to three weeks if it is impossible to withdraw the Products; this suspension can be carried out by the User on the Application in his “My purchases” area, at least three (3) days before the next withdrawal date.

3. Conditions common to one-off orders and Subscriptions

Once the payment information has been entered by the User, the latter can confirm the order by clicking on "Confirm payment".

The User is invited to check the information provided before clicking, any errors which cannot be corrected subsequently.

An order confirmation is then displayed on the Application. It can be found in the "My purchases" area of the Application.

The order confirmation indicates in particular the nature of the basket (s) ordered, their price, the terms of payment as well as the terms and conditions for the withdrawal of the Product (s) from the Merchant Partner, including the time slot during which the withdrawal may take place.

The days and opening hours of the stores of the Partner Shops from which it is possible to withdraw the Products, indicated in their Advertisements, are fixed by the latter. Withdrawals of Products from Partner Shops cannot therefore be made outside of these opening days and hours, and more specifically outside the time slot indicated by the latter for withdrawal of Products and recalled in the confirmation of ordered.

Once the Products have been withdrawn, the User may, if he so wishes, rate the order in the form of an award of stars and comments. This notice will not be visible on the Application but may be communicated anonymously to the Merchant Partner.

It is referred to the Privacy Policy on this point.

The User is responsible for the content he publishes, and undertakes not to publish content that:

  • would infringe or would be contrary to public order or morality;
  • is of a pornographic nature;
  • would infringe the rights to the reputation or image of any natural or legal person;
  • would be disparaging or defamatory;
  • more generally, would be contrary to the laws and regulations in force.

ACT 2 WIN has no control over the content of these notices, apart from legal obligations imposed on it.

If the User does not respect his commitment described above, ACT 2 WIN may however take the decision, at its sole discretion, not to transmit to the Merchant Partner, and / or to delete the disputed comment, and / or to suspend temporarily or permanently access by the User concerned to the Application and the Services.

Article 9. Correct and fair use of the Services

The User refrains from making use of the ACT 2 WIN Application and Services contrary to the regulations in force, and more generally refrains from harming the interests, notoriety, reputation or image of ACT 2 WIN.

Under no circumstances may the User in particular:

  • use any devices whatsoever having the effect of disrupting and / or hindering the proper functioning of the ACT 2 WIN Application and Services;
  • disseminate or address content, in any form whatsoever, relating, in particular, to xenophobia, racism, incitement to racial hatred, pedophilia, pornography, call for murder, defamation, insult, or infringing the rights of third parties, in particular, intellectual property rights and the right to respect for private life;

In the event of non-compliance with this obligation by the User, ACT 2 WIN reserves the right, at its sole discretion, to temporarily or permanently suspend access by the User concerned to the Application and the Services.

Article 10. Alcoholic beverages

The purchase of alcohol from Partner Shops can only be carried out by people over eighteen (18) years of age.

The Merchant Partner will carry out the verifications which are incumbent on him to collect the order.

By using the Application and ordering alcoholic beverages, the User confirms that he is of legal age.

Article 11. Product prices

The selling prices of the Products displayed in the Advertisements are set by the Partner Shops, without the intervention of ACT 2 WIN.

Prices are expressed in euros (€) and include the amount of value added tax (VAT).

Article 12. Terms of payment

1. Online payment

Payment is made on the Application when ordering, via the MangoPay secure payment platform (www.mangopay.com).

The payment methods that can be used are indicated on the Application during the ordering process: Visa, Mastercard, AMEX, ApplePay, Paypal bank cards.

When paying by credit card, the User must enter his card number, expiration date and the security code on the back of the card. The Application will ask the User if he wishes to keep this information for a future purchase via the Application. The User may refuse to keep this information and, if he accepts, may at any time delete it in his space on the Application.

The price will be deducted after collection of the order by the User, or at the end of the time slot indicated for the collection in the event of cancellation by the User less than two (2) hours before the end of this time slot. or order not retrieved.

The price will be charged by ACT 2 WIN on behalf of the Merchant Partner; ACT 2 WIN will then pay it to the Merchant Partner after deduction of a commission previously fixed between ACT 2 WIN and the Merchant Partner.

2. Loyalty and sponsorship program - Promotional code

ACT 2 WIN has set up a loyalty and sponsorship program linked to the Application, and occasionally issues promotional codes that can be used on the Application.

The reductions resulting from these initiatives are fully covered by ACT 2 WIN, without the intervention of Partner Shops. They cannot be used outside the Application.

Accumulation of points per purchases made via the application

Use of the Application allows Users to accumulate points that can be converted into vouchers that can be used on the Application.

Points are accumulated as follows:

  • one (1) point is equivalent to one (1) euro cent;
  • the point accumulation is made on a fraction of 5% (five percent) of the price paid for the order; for example, for 5 euros of purchase, the accumulation is made on 25 euro cents, giving rise to the accumulation of 25 points;
  • only the effective withdrawal of the order from the store by the User can trigger the accumulation of points;
  • the maximum accumulation of points is limited to 500 (five hundred) points. Once this threshold has been reached, the User must use his points in order to be able to accumulate them again.

The points accumulated by the User can be used:

  • on each new order placed by the User on the Application, by checking a box provided for this purpose during payment, allowing the User to choose whether or not he wishes to use the points he has accumulated;
  • to pay the full price of an order, if the User has the necessary number of points for this purpose, or to pay a fraction of the price of the order.

In any case, if the points are used to pay part of an order, the remaining balance to be paid may not be less than one (1) euro.

Sponsorship

A sponsorship code is associated with each User when creating their account on the Application. This code is made available to the User in the "My profile / Earn points" section.

The sponsorship system offered on the Application works as follows:

  • the User (hereinafter, and within the framework of this article only: the " Godfather ") Can share their referral code with a person who has not yet created an account on the Application (hereinafter, the" Godson "). The Referral can enter the sponsorship code when registering on the Application, or once their account is created, before their first order. viathe Application;
  • after withdrawal from the store by the Referee of his first order, made using the sponsorship code:
    • the Referred Person accumulates 500 (five hundred) points, i.e. 5 (five) euros in vouchers that can be used on the Application as described in point i above;
    • the Sponsor accumulates 300 (three hundred) points, or 3 (three) euros in vouchers that can be used on the Application as described in point i above.

The Sponsor can make as many sponsorships as he wishes via sending their sponsorship code to people not yet registered on the Application.

Promotional codes

ACT 2 WIN may be required to share promotional codes, which must be entered by the User on the Application before confirming payment for the order, allowing:

  • either to benefit from an immediate reduction in the price to be paid for an order;
  • or to benefit from a certain number of points that can be converted into vouchers for a future order, as described in point i above.

Article 13. Non-refund except for valid cancellation of the order or unavailability of the Products

By confirming his order, the User agrees that no refund will be made, any payment being non-refundable from the date of confirmation of the order by the User.

In particular, the User acknowledges that he has an allotted time to proceed with the withdrawal of the Products from the Merchant Partner, as recalled in the order confirmation, and that no refund will be possible if the User does not proceed with not to the withdrawal of the Products within this period.

By exception :

  • if the Product (s) ordered becomes unavailable after the order has been confirmed, the transaction will be canceled and the User will not be debited for the price of the Product (s) concerned.

ACT 2 WIN will inform the User of this unavailability as soon as it is itself informed by the Merchant Partner, by means of a notification on the Application and by email to the email address provided by the User or by sms to the telephone number provided by the User, according to the latter's preferences entered on the Application.

  • the transaction will be canceled and the User will not be debited if the order is canceled by the User under the conditions described in Article 8 point A above.

Any complaint made by the User must be addressed to customer service whose contact details appear in article 18 hereof, and be accompanied by a documentary evidence (and in particular, when the request justifies it, a photograph) supporting the request. .

No exchange can be made.

Article 14. No right of withdrawal

The User does not have a right of withdrawal concerning the purchase of the Products due to their nature.

Indeed, in accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

  • contracts for the supply of goods liable to deteriorate or expire rapidly (4 °);
  • contracts for the supply of a newspaper, periodical or magazine (except for subscription contracts to these publications) (10 °).

Article 15. Limitation of liability of Act 2 Win

1. On access to the application and the site

Act 2 Win is bound by an obligation of means with regard to user access to the application and to the site.

Act 2 Win reserves the right to temporarily suspend access to the application and / or to the site for technical or maintenance reasons without these operations giving rise to any right to any compensation.

In any event, the liability likely to be incurred by Act 2 Win under these terms is expressly limited to direct damage suffered by the user.

2. On the use of the application and / or the site by the user or a third party

The user is solely responsible for the use he makes of the application and / or the site and the content and information he publishes there, if applicable.

Act 2 Win can not also be held responsible for direct or indirect damage resulting from the use by an unauthorized third party of the account, username or password of a user.

In general, when it has complied with its obligations, Act 2 Win cannot be held responsible for damage suffered by the user and / or a third party.

3. On the user's relations with partner businesses

It is recalled that:

  • The partner businesses are separate and independent persons from Act 2 Win, which, in any case, does not manufacture, buy, sell, store, pack or manage the products;
  • Act 2 Win only offers a connection between users and partner shops, any product sales contract being concluded directly between users and partner shops, according to the general conditions of sale of partner shops which are previously brought to knowledge of users;
  • The price of the products paid via the application is collected by Act 2 Win on behalf of the partner merchant;
  • Act 2 Win does not intervene in the drafting of advertisements and does not exercise any control over their content, including in particular the description of the products, any allergens present in the products and the indication of their price, excluding legal obligations. at his own expense.

Consequently, Act 2 Win cannot be held responsible for any possible inaccuracy of the information concerning the products provided by the partner businesses in their advertisements, nor for the quality of the products, nor for the execution or the non-execution by the merchant partner of the product sales contract concluded with the user.

Any legal or conventional guarantee related to the products and to the execution of the sales contract is only due by the partner merchant.

The partner merchant gives Act 2 Win a mandate to reimburse the user in the name and on behalf of the partner merchant following a user complaint addressed to Act 2 Win concerning a product and / or the execution of the sales contract. The responsibility of Act 2 Win acting only in this context as agent of the partner client, can in no case be engaged concerning the products and / or the execution of the sales contract.

  1. On third party websites

The application and / or the site may contain hypertext links to other websites owned or operated by people other than Act 2 Win.

The linked sites accessible via the application and / or the site are independent sites over which Act 2 Win has no control, whether financial, editorial or of any other nature and they are in no way approved by it. .

The responsibility of Act 2 Win can in no way be engaged because of the products and services offered and the content of these third party websites.

4. On indirect damages

The responsibility of Act 2 Win cannot be engaged for loss of profits, commercial losses, loss of data or loss of profit or any other indirect damage or which was not foreseeable during the use of the application and / or the site by user.

5. On fortuitous events and force majeure

The responsibility of Act 2 Win cannot be engaged in the event of the occurrence of a fortuitous event (computer, technical problems, etc.) or a case of force majeure as defined by article 1218 of the civil code and case law. French.

Article 16. No guarantee related to the application and the site

Within the limits of the mandatory provisions of French law, Act 2 Win does not give any guarantee relating to the use of the application and / or the site.

Act 2 Win does not guarantee that the application and / or the site are free from anomalies and that their operation will be uninterrupted.

Article 17. Personal data

As part of the use of the Application and / or the Site, ACT 2 WIN is required to collect and process certain personal data of the User, including his geolocation, his IP address, connection data. and navigation and data stored in cookies (the " Data ").

ACT 2 WIN ensures that the User collects and processes their Data in compliance with the provisions of Law No.78-17 of January 6, 1978 relating to information technology, files and freedoms (amended by Law no. ° 2004-801 of August 6, 2004, law n ° 2016-1321 of October 7, 2016, law n ° 2018-493 of June 20, 2018 and ordinance n ° 2018-1125 of December 12, 2018) (the "Law Informatique et Libertés ”) and Regulation No. 2016/679 of the European Parliament and of the Council of April 27, 2016 (the“ Regulation ”), in accordance with its Privacy Policy, accessible at the following address: https://www.act2win.fr/privacy-policy

The Privacy Policy is an integral part of the General Conditions of Use.

The User is invited to consult the Privacy Policy, to which it is referred for a more detailed description of the conditions of collection and processing of User Data.

Under the provisions of the Data Protection Act and the Regulations, the User has the right to access, rectify, delete his Data, limit or oppose their processing, the right to define directives relating to the storage, erasure and communication of his Data after his death and the right to portability of his Data.

The User exercises his rights by email to the following address: contact@act2win.fr or by post to the address indicated at the top of these General Conditions of Use.

ACT 2 WIN undertakes to guarantee the existence of adequate levels of protection in accordance with applicable legal and regulatory requirements. However, since no mechanism offers absolute security, a part of the risk remains when the Internet is used to transmit Data.

ACT 2 WIN will notify the CNIL and / or the User concerned of any Data breaches covered by the Regulation.

Article 18. Customer service

The User can contact customer service for any request, relating to the Application, the Products or the execution of the sales contract concluded with the Merchant Partner, by post or electronically at the following addresses: JBS Services - ACT 2 WIN CUSTOMER SERVICE
11 rue des Arts et Métiers Lotissement Dillon Stade c / o BURO Club Martinique Building Advantage Entrance B 1st floor 97200 Fort de France
contact@act2win.fr

ACT 2 WIN will make its best efforts to respond to the User within forty-eight (48) hours.

Article 19. Nullity / Non-applicability

If any of the stipulations of these General Conditions of Use prove to be null or non-applicable with regard to a rule of law in force or a court decision that has become final, it would then be deemed unwritten, without for as well result in the nullity of the General Conditions of Use which contain them, nor alter the validity of their other stipulations, except if the stipulation canceled or rendered non-applicable is an essential stipulation of the said General of Use.

Article 20. Applicable law and dispute resolution

These General Conditions of Use are subject to French law.

ACT 2 WIN and the User will endeavor to find an amicable solution for any disputes relating to the formation, interpretation and / or execution of the General Conditions of Use.

For any complaint, the User is invited to contact customer service, the contact details of which appear in Article 18 above.

In case of dispute of the solution offered by customer service, the User may (but without obligation) use the consumer mediation system free of charge described by articles L.612-1 et seq. Of the Consumer Code, in a a period of one (1) year from the date of his first written complaint.

To do this, the User will contact the competent mediator:

MARTINIQUE MEDIATION AND ARBITRATION CENTER (CMAM):

The User will specify to CMAM the subject of the dispute and send it the documents in the file as indicated in the referral form.

In the absence of reaching an amicable solution, any dispute resulting from the formation, interpretation and / or execution of the General Conditions of Use will fall under the jurisdiction of the ordinary courts.

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