DUBARRY: Company in the process of being established owning the DUBARRY site and publishing the services of DUBARRY.
The site: DUBARRY
Customer: A natural or legal person, registered on the DUBARRY website that reserves a home beauty treatment service;
Professional: A natural or legal person, registered on the DUBARRY website that puts online several data (information, prices, photos, design, etc.) in order to be able to offer its services on the DUBARRY website. It is a service provider;
Member: A natural or legal person using DUBARRY services;
Customer account: Account opened by the Customer by registering on the DUBARRY website to allow him access to DUBARRY services;
Professional account: Account opened by the Professional by registering on the DUBARRY website to allow him access to DUBARRY services;
Profile: Information entered by the Professional on DUBARRY containing all the information and information about him;
Partner: A third-party company with which DUBARRY maintains business relationships with the aim of providing additional services or information to the Member.
OBJECT GENERALES DUBARRY
The purpose of these terms and conditions is to:
Determine the conditions under which DUBARRY sells its paid offers, accessible via DUBARRY, to professionals and customers.
Determine the rules for the online use of DUBARRY's services, as well as the rights and obligations of the parties.
These terms and conditions form a binding value contract between you and DUBARRY applicable as long as you use DUBARRY and the services of DUBARRY. These terms and conditions apply without restriction or reservation to all the products and services that make up the paid offers on DUBARRY. DUBARRY has the right to evolve its paid offers, to add and/or modify its products and services, to add features to those that make up its paid offers, without the Professional and the Customer being able to claim any compensation. These terms and conditions are available on the DUBARRY website and provide to the Customer for each contract subscription. The data recorded by DUBARRY is evidence of all transactions. If a DUBARRY Professional or Customer violates these terms and conditions, DUBARRY may block the use of the services to that Member, or also prohibit him from accessing the DUBARRY site temporarily or permanently.
DUBARRY holds sole ownership over these terms and conditions. Any dissemination, exploitation, use and/or reproduction of these general conditions, total or partial, on all media is strictly prohibited. If not, you may be subject to legal action. Your registration on DUBARRY, either as a Customer or as a Professional, requires your express and unqualified acceptance of these terms and conditions and your commitment to comply with the terms and conditions. The Member can read these terms and conditions via the DUBARRY website. DUBARRY reserves the right to change its terms and conditions at any time by posting the amended terms and conditions on DUBARRY. Customers and professionals will need to be regularly aware of the terms and conditions to be informed of the changes.
DUBARRY offers an online service to book online home beauty services on ww.dubarry.fr DUBARRY, proposes to connect benefit claimants, called Clients, with service providers, called Professionals. Requests for care are made up of requests for booking by Clients who request the intervention of a Professional to carry out the desired services. Professionals validate their availability for each Request they are interested in.
DUBARRY acts as a simple host and provides:
The technical tools and storage space that allow DUBARRY Professionals, registered, to disseminate their Profile and Benefits information on DUBARRY; and registered customers to book and pay for benefits; The linking technology that allows DUBARRY Professionals and Clients to facilitate their connection. DUBARRY can advertise on DUBARRY and in emails sent to its members.
DUBARRY is not a recruitment agency. DUBARRY is not an Interim Company. DUBARRY does not have the status of an employer of professionals. Professionals are not placed under any duBARRY subordination link in connection with the use of DUBARRY services.
To access and use DUBARRY's services, you must ensure, under your responsibility, that the material required for the online use of DUBARRY is compatible.
BE A CUSTOMER ON DUBARRY
By registering on DUBARRY and/or booking a service, you become a Customer. You allow Professionals to respond to your booking requests. You allow DUBARRY, through its linking technology, to have your booking requests and your account information sent to the selected Professionals.
To access DUBARRY's services, DUBARRY Customers can create a Customer Account on DUBARRY if they wish. If you no longer want to use your Customer Account, you can disable or delete it by sending an email to email@example.com. After deleting information or requests or terminating your Account, copies of your Account information may remain visible as it has been shared with other DUBARRY members.
Customers are the sole managers of the bookings they place online on DUBARRY. To keep your Customer Account running smoothly, you're committed to:
Do not give a false identity and false information,
Create only one Account,
Do not create a Customer Account on behalf of a third party without their permission,
Each booking must come from a real need of the Customer.
The Client is committed to having an impeccable attitude towards home practitioners. DUBARRY may, at its sole discretion, remove any bookings and/or content published on DUBARRY that may not comply with the terms and conditions or whose content could affect DUBARRY, its brand or its image, or to professionals and customers using DUBARRY's services.
DUBARRY'S TERMS AND CONDITIONS OF SERVICES - CONTENT
DUBARRY Service Professionals and Clients prohibit themselves from:
Transmit on DUBARRY any prohibited data, unlawful, illegal or likely to constitute an abuse of law, or to be contrary to public order and/or morals, or to be used to exert a threat or pressure of any kind, form or purpose, or to be in contravention or contrary to any rights of intellectual or industrial property and copyright, or to have been obtained or used as a result of a contravention, a crime or a misdemeanour; Endangering the security of DUBARRY (attempts to control, scan or test the vulnerability of a system or network; violating security or authentication measures; violating or attempting to violate the security of the system or network); Send letters, emails, faxes or make unsolicited phone calls to promote products or services to any DUBARRY Professional or Customer; Make commercial use of DUBARRY elements or data; Use DUBARRY's services for something other than the site; Open an Account or post a Profile to promote the sale of products or services; Do not use DUBARRY to promote its own services or products through SPAM or repetitive service requests;
These behaviours can lead to civil and/or criminal prosecutions. DUBARRY may appeal to the judicial authorities to prosecute Members who have participated in such violations. In the event that you do not comply with any of the above prohibitions, DUBARRY may temporarily suspend your access to DUBARRY or permanently terminate your access to DUBARRY.
DUBARRY content (information, text, graphics, videos, images, logos, button icons, files, etc.) belongs exclusively to DUBARRY. These contents are protected by copyright, trademark law, copyright and intellectual property rights. DuBARRY Service Professionals and Clients are not allowed to use DUBARRY's content anywhere else (other website, other environment, intranet, extranet, etc.) than on DUBARRY. All codes created by DUBARRY to display or generate its content on DUBARRY are also protected by intellectual property rights and you must not copy or modify those codes or face legal action.
To benefit from DUBARRY's services, the Customer can opt for either a fee-for-service or a subscription service depending on the frequency of the interventions he wishes to benefit from. Subscriptions are always more advantageous than fee-for-service interventions.
In the event of a deed, the Client is informed that any cancellation of an appointment made less than 24 hours before the intervention schedule will be charged. Any appointment cancelled more than 24 hours before the intervention date is fully refunded.
CONTRACT TAKE EFFECT - SUBSCRIPTION LAST
If the Customer opts for the subscription, the Contract is concluded and accepted irrevocably for the initial duration provided for in the subscription agreement. The subscription takes effect on the date the subscription contract is signed. The Contract cannot be terminated until the end of the initial subscription period except in cases and under the terms and conditions of Article 9. It may be denounced at the end of this period under the conditions of Article 7.
Monthly payments and their accessories are, unless otherwise stipulated, paid monthly or quarterly term to be resustitated, by SEPA debits domiciled with the bank of DUBARRY, on the first day of the month or quarter. To this end, the Member signs a levy mandate under the SEPA standard by which he authorizes DUBARRY to collect rents, and more generally all sums earned under the Contract such as management fees. In the event of a challenge to a levy or revocation of the mandate, the Member will nevertheless be required to pay any sums liable under the Contract, which he will have to pay by any other means. The maturities taken or to be expired are acquired by DUBARRY. The Member acknowledges that any request for reimbursement or revocation of the mandate will not have the effect of calling into question the validity of this subscription contract. For any change or revocation of the mandate of the levy, the Member must first contact DUBARRY.
Any delay in the payment of all or part of a monthly payment, or its accessories, entails, as a matter of law and without notice, the payment of late interest at the rate of 51% per month, These interest will be capitalized in accordance with Article 1343-2 of the Civil Code. The Member will be liable for a late penalty equal to 10% HT of the amount of the outstanding monthly payments even if the Member does not terminate the Contract. The Member will also be liable to DUBARRY for the lump sum compensation for collection costs, the amount of which is set at 40 euros. If this allowance does not cover all the costs incurred for any deadline recall, the Member will have to pay DUBARRY for additional compensation and, on justification, the excess of those costs.
In the event that DUBARRY is subject to a new tax or tax, as a result of the performance of the service, the monthly payment stipulated in the Subscription Agreements will be changed so that the amount of the subscription that remains effectively acquired at DUBARRY is equal to that which would have been acquired, if that tax, tax or amendment had not been instituted.
Any money owed to DUBARRY will be increased by VAT at the rate in effect on the day of its due date. All fees and taxes are borne by the Member and are charged to him. Any legal change to these duties and taxes applies as of right.
Management fees related to any change in the contract, including change of address, bank domicile, transfer request, request for duplicate (...) will be billed according to the nature of the intervention requested. The current conditions will be provided to the Member at the request of the Member.
The Member accepts any information by DUBARRY electronically, any written notification in simple or recommended form, as well as the provision (shipping or provision) of any billing document in electronic format.
On the one hand, the Member must notify DUBARRY by letter R.A.R., at least 3 months before the due date of the initial rental period provided for the Subscription Agreement ("The Initial Rental Period"), his intention not to extend the Contract. In the absence of a good date, the contract will be extended, with the same conditions and clauses for a minimum of twelve (12) months in twelve (12) months ("The Tacitus Renewal").
DUBARRY is committed to making its best efforts to put in place all procedures to limit the risks associated with intrusions, hacking, or the insertion of viruses on its server and/or on DUBARRY. It also makes every effort to ensure that DUBARRY's content is as secure as possible. DUBARRY cannot commit to an absolute guarantee, and disclaims any responsibility in case of intrusion, hacking, or in case of insertion of viruses on its server and/or on DUBARRY and/or in the emails transmitted.
Despite all the precautions taken by the DUBARRY team to ensure that all information transmitted through DUBARRY is truthful and fair, DUBARRY cannot be held responsible for any false information and/or requests for services provided to professionals, any false information provided to Customers, or any direct or indirect damage that may result. It is up to the Customer to verify the information provided by the Professional to ensure that the professional is competent to carry out the services offered. DUBARRY disclaims any civil and/or criminal liability for the direct and indirect consequences of its relationship between Clients and Professionals.
You guarantee DUBARRY, its officers, directors, agents and agents against any claim, lawsuit or claim (including related legal fees) relating to any Professional or Client content you have provided on DUBARRY, any use you have made of DUBARRY content, any violation you have made of a third party right and your breach of those general terms.
DUBARRY cannot be held responsible in any event of malfunctioning systems beyond its control, including computer networks, telephone communications and the Internet. DUBARRY cannot be held responsible in case of force majeure (strike, internet failure, etc.).
DUBARRY includes links to third-party sites. Hyperlinks to other sites cannot be responsible for DUBARRY. DUBARRY is not responsible for hyperlinks pointing to DUBARRY. If you access these third-party sites, you do so at your own risk.
Access to DUBARRY is possible 24 hours a day, 7 days a week, subject to possible failure and maintenance intervention necessary for the proper operation of the site. DUBARRY reserves the possibility of making DUBARRY inaccessible, for whatever reason, without the Members being entitled to any compensation.
If DUBARRY were to be liable, its liability for damages incurred as a result of the use of DUBARRY, the services of DUBARRY and/or the contents of DUBARRY will be limited to the sum of one hundred and fifty (150) euros, regardless of the nature of this contractual, tortious, quasi-criminal or criminal liability.10
DUBARRY may rightfully refuse the use of its services to Members, without delay or compensation and without prejudice of any compensation for DUBARRY, in the event of a breach by the Member of any of its obligations contained in these terms and conditions, and in particular in the following case, in the case of any act of piracy or attempt to unlawfully use the information circulating on DUBARRY causing or origin the connection with the Member's post. DUBARRY will inform the Member by simple email transfer. The only rights and remedies you have exclusively in the event of dissatisfaction with the site, the services offered or any other grievance are the termination and interruption of your access to the site or its use.
The Contract may be terminated by DUBARRY by recommended letter with acknowledgement:
(a) In the event of non-payment of a single term of rent or non-performance by the Member of only one of its obligations and without subsequent offers to pay or execute, payment or performance after the allotted time may deprive DUBARRY of the right to demand termination incurred.
In the event of early termination of any cause, DUBARRY will be entitled to compensation equal to all rents due and to expire until the end of the initial tenancy period plus a 10% penalty. DUBARRY's debt is due on the day the termination decision is notified.
The Member may terminate the Contract by letter recommended with acknowledgement, after a notice remained unsuccessful within a fortnight of its receipt, in the event of a marked breach of DUBARRY's obligation to make a qualified professional available. In compensation for the direct damage suffered by the Member, the latter may incur the responsibility of DUBARRY, being specified that the liability may not exceed the sum of one hundred and fifty (150) euros.
INTELLECTUAL PROPERTY RIGHTS
The www.dubarry.fr site is owned by DUBARRY.
All of the elements that make up DUBARRY relate to copyright, trademark and, overall, intellectual property legislation, both in its form and in each of the components of its architecture, tree, form, text, features and graphics, and any other data that is the exclusive property of DUBARRY. You agree not to use these elements and codes. You agree not to allow anyone to use these elements and codes for illegal and unauthorized purposes. Any reproduction, representation, modification, publication, full or partial transmission, of DUBARRY elements and codes on any medium or by any process, as well as any sale, resale, rebroadcast or made available to third parties in any way are prohibited (more generally any exploitation not authorized by DUBARRY. of the DUBARRY site and the information disseminated there). Failure to comply with this prohibition constitutes infringement that could incur civil and criminal liability for the infringer. By publishing or representing Professional or Client content on DUBARRY, you grant DUBARRY a non-exclusive and free global right to reproduce, adapt, disseminate, publish this professional or client content, in order to promote and develop DUBARRY's services. DUBARRY is not the source of this content. DUBARRY reserves, at its sole discretion, the right to refuse, accept, publish, post or transmit content.
PERSONAL DATA - PRIVACY
In accordance with the provisions of the Computer science and Freedoms Act of 6 January 1978, Members are informed of the automated processing of personal data made from DUBARRY. Members are informed that the information they provide via the forms on DUBARRY is necessary to process their order and to draw up invoices, among other things. The processing of the information provided. The data is collected to enable the relationship between Clients and Professionals. Some of the information in the forms is mandatory. The registration of this information by the Member is imperative. The Member undertakes to communicate and register on the website only truthful information of which he is the custodian or agent. The Member is also informed that personal information (IP Address, Date, Time, Connection Time, etc.) is also recorded during his visit to the website. This information is stored and analyzed to identify and identify fraudulent members. The Member, by registering on DUBARRY, agrees to receive newsletters, promotional offers, and advertisements from DUBARRY and its partners, on its broadcast email address. If you prefer not to receive such promotional offers, and not participate in our ad customization programs, you can indicate this to firstname.lastname@example.org. The Member is informed that he has a right of access and correction relating to the data concerning him by writing to email@example.com. The personal information and personal information about you, which is collected when you register on DUBARRY, use DUBARRY and build your account, is used by DUBARRY to provide you with duBARRY's services. DUBARRY reserves the right to transmit the personal information and personal information you have provided, i.e. as part of a legal obligation, either to respond to claims related to your information and content in violation of the rights of other Members either on request from a judicial or public authority, or in accordance with a judicial, administrative, or independent administrative authority, including the C.N.I.L. DUBARRY is not responsible for the non-compliance by a third party with the confidentiality settings or security measures in force on DUBARRY. In any event, you can report any breach of the security of your data and information to us at the firstname.lastname@example.org address. Subject to your identity, you have the right to access, modify, correct and delete your data, either by accessing your Account or by writing to DUBARRY at the following email address: email@example.com.
We allow basic information about professionals from third-party data providers who collect this type of information from public documents and other sources. We also get information about professionals through our Members, who help us correct the data we have, or that signal the opening of a professional activity. Please let us know if our information is not updated at the following email address firstname.lastname@example.org
APPLICABLE LAW - JURISDICTION
In the event of a dispute over the interpretation, execution and implementation of any stipulation of these terms and conditions, and in the absence of an amicable agreement between the parties, the legal rules for the allocation of powers apply. These terms and conditions are governed by French law.