The company NYS S.A.S. with headquarters at 29, rue Emile Duclaux 92150 Suresnes and capital of
93,507€, entered in the Paris Trade and Companies register under number 479 162 794, operates under the trade name MYConcierge and engages in the organization of third party sales of services or products to its subscribing customers.
Once "subscribed" as per the conditions below, the purchaser may make requests by phone, fax, email or post, for the purchase of a product or a service that will provided through MYConcierge.
The NYS company therefore intervenes merely as an intermediary in relations between subscribers (buyers)
and the providers of products or services (vendors).
ARTICLE 1 - APPLICATION OF GENERAL CONDITIONS OF SALE
These General Conditions of Sale available on the site www.myconcierge.fr are routinely sent to each subscriber to enable him/her to make orders.
Consequently, any order placed by the subscriber entails compliance, without limitation or qualification, with these General Conditions of Sale which shall prevail over any other documents (flyers, catalogues ... issued by MYConcierge).
Any other condition proffered by the subscriber, in the absence of prior and express agreement by MYConcierge,
will not be binding on the company, regardless of when it was brought to the attention of the latter.
If on occasion MYConcierge does not exercise its rights under any of the provisions of these General Conditions of Sale, this forbearance shall not be interpreted as a waiver of its right to exercise its rights later under any of said conditions.
The subscriber confirms that it has read and agrees to the General Conditions of Sale below before making any order for products or services.
ARTICLE 2 : SUBSCRIPTION
Each individual must subscribe by telephone, mail or on the website www.MYConcierge.fr to be able to send orders to MYConcierge.
(a) Subscription can take place online, by telephone or by mail.
In all cases the future subscriber must provide his/her identity and contact information when registering on the website or by telephone.
Once this information has been provided, the future subscriber is contacted by a concierge within a maximum of 24 hours to complete the registration.
(b) There are three subscriptions to choose from:
(i) " DELUXE"
This subscription is for a minimum of one year. It gives the subscriber access to the MYConcierge service 5 days out of 7 from 9.00 to 20.00. From Monday to Friday, 09.00 to 20.00
The subscriber must pay a sum of 30 € (taxes included) a month, payable by cheque (annual payment) or credit card (annual payment) or by monthly direct debit or credit card.
(ii) " OPTIMUM"
This subscription is for a minimum of one year. It gives the subscriber access to the MYConcierge service 7 days out of 7 from 9.00 to 20.00. From Monday to Friday, 09.00 to 20.00
The subscriber must pay a sum of 120 € (taxes included) a month, payable by cheque (annual payment) or credit card (annual payment) or by monthly direct debit or credit card.
This subscription is for a minimum of one year. It gives the subscriber access to the MYConcierge service 7 days out of 7, 24 hours a day.
The subscriber must pay a sum of 300 € (taxes included) a month, payable by cheque (annual payment) or credit card (annual payment) or by monthly direct debit or credit card.
Unless the subscriber cancels the contract a minimum of one month from the expiry date of the contract by registered letter with acknowledgment of receipt, his/her subscription will be renewed from year to year. In case of termination, the subscriber will remain liable for the subscription amount for the remaining minimum term.No refund will be payable.
In the event of non payment by the subscriber of the subscription by the due date, MYConcierge may proceed to terminate the subscription contract without compensation of any kind, of its liability or not.
ARTICLE 3 : ORDERS
To make orders and inquire about products or services offered by the NYS company, the subscriber can use the following means:
- by internet, in the secure customer area assigned to each subscriber;
- by calling the mobile number of the concierge which was sent on subscription or by calling 0890 710 311;
- by fax - +33 1 48 24 04 64 ;
- by mail to the following address: MYConcierge 12 rue de la chaussée d’Antin 75009 Paris ;
- by email to the email address of his/her concierge or to request@MYConcierge.fr
(a) rules applying to orders in general
Before any order, the subscriber must provide MYConcierge with his/her private or work address, email address, telephone number and/or fax, to enable MYConcierge to contact him/her very quickly.
Orders for goods or services made by the subscriber, made by telephone, fax or email will be sent to the providers via MYConcierge.
(b) confirmation of the order by MYConcierge
All orders will be confirmed to the subscriber by MYConcierge by email, in the website area allocated under "My Orders" or by fax as soon as possible.
This confirmation will include:
- The order number;
- the nature of the product or service ordered;
- the quantity of the product or service ordered;
- the unit price of the product or service ordered, net of taxes and with all taxes included;
- the delivery date/time of the product or service ordered;
- the delivery arrangements for the product or service ordered;
- cancellation conditions.
(c) acceptance of the order by the customer
If the value of the order exceeds one thousand (1,000) Euros, the subscriber must send confirmation of acceptance to MYConcierge in writing (fax, email in the website area assigned to the subscriber by MYConcierge) and within 48 hours.
These orders shall not be finalised until receipt by MYConcierge of the written acceptance of the subscriber.
(d) order tracking
The subscriber may track the order stage by stage in the website area allocated by MYConcierge, under the heading “my orders”.
MYConcierge will send the subscriber, if necessary, all the relevant information for the order, including:
- reservation numbers (restaurant, hotel, tickets),
- departure and arrival dates, times and places (transport, travel)
- hotel addresses (travel / tourism)
- names and addresses of suppliers of products and/or service providers.
(e) stock outs or services unavailable from vendors and service providers
All orders are subject to stock or service availability from the supplier(s) and service provider (s).
The subscriber will be contacted and alternative solutions proposed as soon as possible if:
- the products ordered are out of stock;
- the services ordered are unavailable;
- the nature of the product or service ordered has been changed;
- the price of the product or service ordered by the subscriber has changed;
- the price of the product or service indicated by MYConcierge to the subscriber has changed;
- the delivery time indicated by MYConcierge to the subscriber has changed.
The proposed alternatives will be implemented upon receipt of a written agreement returned by the subscriber. If no alternative can be found or accepted by the customer within 5 working days, the MYConcierge company will proceed to outright cancellation of the order. No compensation of any nature whatsoever shall be charged to MYConcierge by the subscriber because of this circumstance. In the event that a payment has been made, and unless the alternative solution found is totally different from the subscriber’s order, the latter shall be directly reimbursed by the supplier in case of cancellation of the order.
(f) Personal Order
The benefit of the order is personal to the Subscriber and is not transferable to a third party without the prior express agreement of MYConcierge.
(g) change to the order by the subscriber
Any amendment or cancellation of an order made by the subscriber must be made within a maximum of seven working days to be taken into account by MYConcierge who will evaluate it in accordance with the type of products or services. In any event, any change or cancellation of an order by the subscriber is subject to express the acceptance of MYConcierge.
If MYConcierge refuses to make the changes or the cancellation of the order requested by the subscriber: the price of the order will still be payable by the subscriber; any amounts already paid by the subscriber (price or deposit) will not be returned under any circumstances.
ARTICLE 4 : PAYMENT OF THE ORDER BY THE SUBSCRIBER
(a) the order price
Products and services will be billed based on prices specifically listed, in Euros and with all taxes included, on confirmation of the order by MYConcierge.
(b) means of payment of the order
The subscriber will pay suppliers directly by cheque, debit card or direct debit on receipt of the invoice from the supplier on the day of the order or the day of delivery, in accordance with the normal payment terms of the suppliers.
Payment can be made by other means provided that the subscriber is strictly informed of them in writing.
(c) late payment
Any amount not paid when due will automatically and without prior notice, incur arrears penalties of 1.5% per month, and the application of arrears interest at the legal rate.
In case of late payment by the subscriber, orders or deliveries in progress may be without prior notice or prejudice to any compensation and/or course of action.
(d) failure to pay
Failure to pay a bill by the due date authorises MYConcierge to cancel orders and deliveries in progress, without prior notice or prejudice to any compensation or course of action and without prejudice to the recovery of the remaining sums owed by the subscriber.
ARTICLE 5 : DELIVERY
(a) delivery terms
The delivery terms of the product or service ordered will be set at the time of the written confirmation which will be sent to the subscriber by MYConcierge.
Delivery by MYConcierge of the products ordered by the Subscriber shall in no case imply that the sale is made directly by MYConcierge which only acts as a broker in relations between subscribers and suppliers.
(b) delivery times
Delivery times will be indicated when the written confirmation is sent to the subscriber by MYConcierge.
Despite the care taken to adhere strictly to the deadlines agreed, MYConcierge shall not be held responsible for any damages or harm caused by delay in delivery of a product or a service. Non-compliance with agreed delivery times cannot result in MYConcierge being made liable for compensation of any kind.
ARTICLE 6 : RIGHT TO CANCEL
Pursuant to Article L.121-20 of the Consumer Code, the subscriber shall have seven (7) days to exercise his/her right to cancel with the supplier only, and not with MYConcierge, this right applying to receipt of the goods or acceptance of the offer for services.
If the seven (7) day period ends on a Saturday, Sunday or a holiday or now-working day, it is extended to the next business day.
This right to cancel may be exercised without having to provide reasons and without incurring penalties, except, where applicable, the costs of return.
It can lead either to an exchange or a refund from the supplier alone. In any event, no returns, exchanges or refunds will be accepted after seven (7) from delivery of the goods or acceptance of the offer for the supply of a service. The shipping and return costs are the sole responsibility of the subscriber and only the product or the service purchased will be refunded by the supplier. Only products returned in perfect condition and on time can be exchanged or refunded. Goods returned incomplete, damaged or soiled will not be accepted or exchanged. Returns should be sent to the address of the supplier, whose contact details may be included in the written confirmation sent by the NYS company to the subscriber following acceptance of the quote, or the details will be provided on request sent to the MYConcierge customer service by registered letter with acknowledgment of receipt.
This right to cancel does not apply to services such as tourism, or to goods made to the consumer's specifications or clearly customised goods or goods which, because of their nature, can not be returned or are liable to deteriorate or perish rapidly.
ARTICLE 7 : RESERVATION OF OWNERSHIP AND TRANSFER OF RISKS
Suppliers of the company MYConcierge retain ownership of the goods until full payment.
The products ordered will travel but at the risk of the customer, and no exception can be made to this rule. In case of damage, loss or missing goods, it is up to the subscriber to make all relevant representations to the carrier.
MYConcierge, as a mere broker, shall in any event be exempt from any liability related to the transportation and delivery of product or service ordered.
ARTICLE 8 : LIABILITY
The subscriber expressly agrees that MYConcierge, as a broker and more generally as a mere intermediary, is merely under an obligation of means.
MYConcierge therefore cannot incur, whatever the reason, any compensation of any nature whatsoever, the supplier alone being liable.
The subscriber shall therefore directly address the service or product provider concerning any claims for damages or any other questions regarding the product or service ordered through MYConcierge to claim compensation.
MYConcierge is exempt from any liability for the execution of the contract for sale and delivery of the products and services ordered.
MYConcierge may forward to the provider letters of complaint sent by the subscriber.
In any event, MYConcierge shall not be held liable for breach of its obligations in case of force majeure as defined by the Civil Code, especially in the case of total or partial strike, flood, fire, computer failure ... etc.. (non-exhaustive list).
ARTICLE 9 : PROTECTION OF PERSONAL DATA (CNIL)
Under the Law on Information Technology and Freedoms of 6 January 1978, the subscriber has a right of access, correction and objection to the personal data that concerns him/her.
To do this, the subscriber must simply submit a request to MYConcierge, online or by mail, stating his/her name and address.
ARTICLE 10 : APPLICABLE LAW
MYConcierge is a French company. The law applicable to contractual relations is exclusively French law.
ARTICLE 11 : DISPUTES
Any dispute concerning the interpretation and enforcement of these general conditions of sale is subject to French law. Failing amicable resolution, the dispute will be brought before the competent civil courts.