These general conditions (hereinafter the “General Conditions”) define the terms of online use of the THE PÉPITEURS application (hereinafter “the Application”) concluded between:

THE PÉPITEURS (hereinafter “THE PÉPITEURS”), a simplified joint-stock company with a share capital of € 2,000.00, registered with the Toulouse Trade and Companies Register under number 904 203 882, with its registered office at ROUTE DE PRÉSERVILLE 31450 ODARS, represented by Mr. Lionel PRADEAU manager, and duly authorized for this purpose.

Firstly,

And

Natural or legal persons (hereinafter “the User”), using the THE PÉPITEURS application (hereinafter “the Application”)

On the other hand,

The User and THE PÉPITEURS taken as a whole, hereinafter the “Parties”.

1. Pre-contractual information

THE PÉPITEURS company publishes an online tipping application.

THE PÉPITEURS provides in particular the aforementioned service through the THE PÉPITEURS Application.

THE PÉPITEURS is also responsible for processing within the meaning of Article 4 of the General Data Protection Regulations.

These General Conditions apply to the exclusion of all other conditions.

2. Definitions

These definitions are used in all the contractual documents defined in article 7:

“Application”: Refers to THE PÉPITEURS online tipping application.

“Content”: Refers to all the publications and information that make up the Application, in particular the general structure, texts, figures, graphs and tables, images, photographs, videos, sounds, links hypertexts, distinctive signs, brands and logos etc.

“E-merchant”: Refers to the e-merchant who has subscribed to the Application and from whom the User has made a purchase.

“Service(s)”: Refers to all of the online services provided by THE PÉPITEURS and to which Users can access from the Application.

“User”: Refers to any person using the Application after making a purchase from an E-merchant.

Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.

3. Purpose

The General Conditions determine the rights and obligations of the User when using the Application, and the terms of payment of the tip for the benefit of the E-merchant.

4. Acceptance and entry into force

The User declares to have read the following provisions before using the Services. Consequently, the fact of leaving a tip following a purchase at an E-merchant, implies the full and unreserved adherence of the User to these General Conditions.

These General Conditions constitute a contract between THE PÉPITEURS and the User.

In the event that the User does not wish to accept all or part of these General Conditions, he is asked to renounce all use of the Service.

In the event of non-compliance with the terms of these General Conditions, THE PÉPITEURS reserves the right to take any measure likely to protect its interests.

These General Conditions come into force on the date of payment of a tip by the User through the Application.

5. Duration of the contract

These General Conditions are concluded for a fixed period from the start of navigation on the Application by the User, and which ends when the navigation session is closed by the User.

6. Scope

These General Conditions are reserved for Consumer and Professional Users within the meaning of the introductory article of the Consumer Code.

Users not domiciled in the European Union agree that these General Conditions also apply to them.

These General Conditions apply to all Services provided through the Application.

7. Application contract document values

7.1 Perimeter

Legal notices: The legal notices are a declarative legal document taken pursuant to article 6 of the Digital Economy Act.

General Conditions: The General Conditions are the contractual basis between the User on the one hand, and THE PÉPITEURS on the other hand.

Personal Data Policy: The Personal Data Policy has the same contractual value as the General Conditions, established pursuant to Article 3 of the General Data Protection Regulations.

Cookies Policy: The Cookies Policy has the same contractual value as the General Conditions, established pursuant to Article 6 of the General Data Protection Regulations. 

7.2

In the event of contradiction in the clauses of the contractual documents mentioned in article 6.1, the contractual hierarchy below is applied:

- Legal Notices,

- General conditions,

- Personal Data Policy,

- Cookies Policy

7.3 Autonomy of the General Conditions:

These General Conditions are specifically applicable to the User’s purchase from THE PÉPITEURS. These General Conditions have an autonomous contractual value.

8. Description of app services

The User can access the following features on the Application:

. Leave a tip after making a purchase at an E-merchant

. Choose the destination of the tip to leave and the amount from a selection

. Leave a message in the corresponding section when paying the tip

9. Access to the website and services

The Service is accessible to any User with Internet access through a browser of their choice and having made a purchase from an E-merchant.

All costs relating to access to the Service, whether hardware, software or internet access costs, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.

10. Order procedure

To access the Service, the User must first have made a purchase from an E-merchant.

A post-payment window will allow the User to choose whether or not to award a tip.

The User has the ability to choose the destination he wishes to attribute to his tip, among the predefined proposals:

. “Team”: allows the attribution of a tip to the members of the E-merchant’s team

. “+ New arrivals”: allows the attribution of a tip to the E-merchant so that he can develop new items, new services or even new features

. “Planet”: allows the attribution of a tip to the E-merchant to encourage him to commit to the planet

. “Social media”: allows the attribution of a tip to the E-merchant so that he can develop his communication

. “Gift”: allows the attribution of a tip to the E-merchant, with no particular destination

11. Price of access to the application

Access to and use of the Application are free, not priced, for the User.

The price of the Services consists in accepting that the User’s personal data be used, and transferred to third parties, by THE PÉPITEURS.

12. Tips - Methods of payment

By default, the amount of tips that can be given is fixed, freely determined by the E-merchant.

Tips are paid using the same means of payment as that used by the User to make his purchase from the E-merchant, namely payment by credit card.

So that the User does not have to provide his bank details a second time to the Application to pay a tip.

13. Withdrawal

In accordance with the provisions of article L221-28 of the Consumer Code, the Service offered by the Application being immediately effective, no right of withdrawal will be granted to the User following the payment of a tip through the App.

14. Warranties

THE PEPITEURS implements all the means at its disposal to make the Application available 24 hours a day, 7 days a week, independently of scheduled maintenance operations, subject to the provisions of this article.

Access to the Application and the Services is provided on an “as is” basis and accessible according to its availability.

15. Responsibilities

15.1 Responsibility of THE PEPITEURS

THE PÉPITEURS cannot give any guarantee of reliability as to all the information and other data contained on the Application, whether provided by THE PÉPITEURS and its partners or by any third party. Therefore the information and data of the Application are provided for information purposes only.

THE PÉPITEURS is responsible for all Content distributed on the Application.

15.2 User Responsibility

The User declares to have the capacity and the necessary authorizations to consult the information and use the Services offered by the Application.

15.3 Moderation

THE PÉPITEURS practices a posteriori and non-systematic moderation of the messages left by the User when leaving a tip.

THE PÉPITEURS is authorized to delete from the Application on its own initiative any message, totally or partially, in particular for the purposes of compliance with third parties, the General Conditions and the proper functioning of the Application.

In particular, the following are subject to moderation:

. Any advertising or promotional link to one or more external websites;

. Contributions of a racist, xenophobic, revisionist or negationist nature;

. Insulting, defamatory, discriminatory remarks, towards a person or a group of people, because of their origin, their membership or their non-membership, real or supposed, to an ethnic group, a nation, or a religion;

. Because of their gender, sexual orientation or disability;

. Insulting, defamatory, discriminatory remarks, infringing privacy, image rights, or the reputation and rights of others; and more generally, any violation of intellectual property rights (in particular with regard to music, videos, animations, games, software, databases, images, sounds and texts), any other property right belonging to a third party or any trade secret belonging to one of these third parties;

. Comments that violate human dignity;

. Incitement to violence, suicide, terrorism and the use, manufacture or distribution of illegal or illicit substances;

. Provocation, apology or incitement to commit crimes or offenses and more particularly crimes against humanity.

This list is not exhaustive.

THE PEPITEURS reserves the right not to transmit certain messages. THE PEPITEURS does not have to justify this decision.

16. Intellectual Property

16.1 General information

THE PÉPITEURS is the owner of all the intellectual property rights relating to both the structure and the Content of the Application.

Failing this, THE PÉPITEURS acknowledges that it holds the required user rights.

These General Conditions do not entail the transfer of any intellectual property right for the benefit of the User.

The User undertakes not to reproduce the Content posted online.

16.2 Ownership of trademarks

THE PÉPITEURS is the owner of the trademark “the pépiteurs” (n° 4806006).

The User is not authorized to reproduce, represent, modify or adapt, partially or totally, for payment or free of charge, the brands present on the Application, without the prior written consent of THE PÉPITEURS.

16.3 Ownership of photographs, drawings, sketches and any protected Content

The photographs, drawings, sketches, and any other Content subject to intellectual property rights constitute a work protected by the French legislation in force on copyright and, in general, on intellectual property. These works are the exclusive property of THE PÉPITEURS.

Any reproduction, representation or adaptation is prohibited without the prior written consent of THE PÉPITEURS.

16.4 PENALTIES

Any unauthorized reproduction of the Content, trademarks, logos, photographs and distinctive signs constitutes an infringement liable to criminal penalties. The offender is liable to civil and criminal penalties and in particular to the penalties provided for in articles L.335-2 and following of the Intellectual Property Code.

17. Processing of personal data and cookies

THE PÉPITEURS is responsible for the processing of personal data implemented for the proper functioning of the Application.

In a logic of respect for the privacy of Users, THE PEPITEURS undertakes that the collection and processing of personal data, carried out on the occasion of the use of the Application, are carried out in accordance with the European Regulation relating to the protection of Personal Data of April 27th 2016 and the Data Protection Act of January 6th 1978 as amended.

This is why the procedures for exercising the User’s rights concerning the processing of personal data collected during the use of the Service are detailed in the Personal Data Policy and in the Cookies Policy, the content of which forms an integral part of these General Conditions.

In addition, THE PÉPITEURS reserves the right to transmit personal data concerning a User in order to comply with a legal obligation, at the request of the police, administrative or judicial authorities and for the application of a court decision or emanating from of an administrative authority.

As part of the payment of a tip by the User, several processing of personal data are implemented.

The data collected as part of the payment of a tip is processed on a contractual basis, by THE PÉPITEURS only, for the sole purpose of managing the payment of tips.

The personal data collected may be communicated to THE PÉPITEURS customer service and to subcontractors to which THE PÉPITEURS may call in the context of the execution of its Services.

THE PÉPITEURS may also transfer personal data to a country outside the European Union. In such cases, THE PÉPITEURS ensures  that the processing implemented respects a level of protection of personal data corresponding to that required by the regulations.

Personal data is kept for a period of five (5) years from the date of payment of the tip, after which time this data is permanently erased except in the event of a new payment of tip by the User.

The User has on this data the rights of access, rectification, erasure, limitation, opposition and portability of this data to a third party service provider if necessary. The User can assert these rights by contacting the following address: contact@thepepiteurs.com. He will have to prove his identity.

In the event of a dispute, the User has the right to appeal to the supervisory authority: the CNIL. All the provisions relating to personal data can be found in the Personal Data Policy accessible here via this link: Personal Data Policy

18. Hypertext links

The Application may contain hypertext links leading to other websites over which THE PEPITEURS has no control.

A verification of the hypertext links is carried out before their implementation on the Application. However, THE PÉPITEURS declines all responsibility for the content of these websites and any updates that may be made to them.

19. Agreement of proof

The User who has accepted these General Conditions accepts that they serve as extrinsic and probative proof of his use of the Services of the Application, in the event of a dispute.

In addition to the legal provisions recognizing the probative value of electronic writing, the User acknowledges the validity and probative force of e-mails, SMS, as well as all electronic recordings kept by THE PÉPITEURS or one of its service providers.

20. Changes to these General Conditions

THE PÉPITEURS reserves the right to adapt or modify these General Conditions at any time. Users must therefore keep themselves informed by regularly consulting these General Conditions from the Application.

Users are free not to access the Services if the modified General Conditions do not suit them.

Any modification will take effect immediately and will only apply to Users using the Services after said modification.

21. Force majeure

THE PEPITEURS undertakes to implement all means to ensure the operation of the Application in the best conditions.

THE PÉPITEURS cannot be held liable if the performance of the Service is delayed or prevented due to a case of force majeure within the meaning of article 1218 of the Civil Code or a fortuitous event, or a third party or external causes.

This also applies if the force majeure event affects the performance of a subcontractor of THE PÉPITEURS.

Force majeure events include, but are not limited to, wars, natural disasters, acts of terrorism, epidemics, quarantines, government actions, labor disputes, fires, power outages, strikes, lockdowns, line outages telecommunications and external attacks against IT systems, which cannot be prevented by reasonable technical and organizational measures based on proven and state-of-the-art methods.

THE PÉPITEURS must, under penalty of not being able to rely on it, inform the User within three (3) working days following the occurrence of the event, justifying its unpredictable, insurmountable and external nature, putting it, according to it, in the impossibility of respecting its obligations, indicating the measures that it intends to take or that it would consider necessary to take when it is unable to do so by itself, as well as the foreseeable duration of the event of force majeure.

22. Miscellaneous Provisions

22.1 Nullity of a clause

If any of the provisions of these General Conditions were declared null or void by application of a law, a regulation or following a final decision of a competent court, it would be deemed unwritten and the other stipulations will retain their force and scope.

22.2 Non-waiver

The waiver of claiming any breach of these General Conditions does not constitute a waiver of claiming any other identical or different subsequent breach.

22.3 Legal Force

A printed version of the General Conditions as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Conditions in the same way and under the same conditions as any other written document and kept in paper format.

23. Applicable law – Jurisdiction

23.1 Complaint

The User who wishes to make a complaint can send it to contact@thepepiteurs.com or by post to THE PÉPITEURS, ROUTE DE PRÉSERVILLE, 31450 ODARS; by indicating his surname, first name, order number, as well as the object of his dispute.

23.2 Applicable law

These General Conditions are subject to French law, to the exclusion of any other law or agreement, regardless of the place of use.

23.3 Competent courts

In the event of a dispute, the User may contact the Service of the e-Commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http ://www.mediateurfevad.fr.

The User can also submit his dispute to the European platform for the settlement of online disputes provided for by Regulation (EU) No 524/2013 of May 21st 2013 on the online settlement of consumer disputes, in particular cross-border, by following this link: 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

In the absence of an amicable resolution, any dispute that may arise between THE PÉPITEURS and the Users due to the use of the Application will be brought before the courts within the jurisdiction of the Toulouse Court of Appeal.