General Conditions of Use and Sale
MY BNB is a simplified joint-stock company with a capital of 4,950 euros, registered with the RCS of Nantes under number 847 498 870. The purpose of the Company is, without limitation, to offer a personal assistance service for travelers and hosts of short-term rentals and conciergeries allowing users to have a property delivered, book a service or inquiries in return for a
commission. These Terms and Conditions of Sale come into force upon first use of the site. They constitute a legally binding agreement between you and MY BNB.
Preliminary Article: Definitions
Each term beginning below with a capital letter has the meaning given to it in its definition.
Trader: seller or initial service provider
Delivery Provider : Deliverer
User: any adult person or legal entity which accesses visits or uses the Service or one of its functionalities.
Company: MY BNB, creator and owner of the Service
Service: personal assistant service that allows you to make a request for product delivery,
provision of service for short-term rentals, travelers or information and advice.
Party: refers cumulatively or alternatively to the User, the Company or the Merchant
Article 1 – Acceptance and modification of the GSUTC
The Service is provided so that Users accept the GSUTC. They are deemed to have accepted the GSUTC simply by the use of the Service.
Users are invited to regularly read and read the latest version of the applicable GSUTC.
Any modification of the GSUTC is notified electronically to Users who are free to refuse the application and thus terminate their subscription.
In the absence of express refusal of the Users of the Terms and Conditions, these will be applicable to the next use of the Service.
In case of non-compliance by the User of the GSUTC, the Company reserves the right to suspend without notice access to the services of the site.
If one or more provisions of the GSUTC are held invalid or declared as such under a law, regulation or following a decision of a competent court, they will be deemed unwritten and the others will remain in force.
Article 2 – Purpose
The purpose of the Service is, without limitation, to allow the user through a means of communication (SMS) to solicit the Company for the purpose of making a product delivery request, the realisation of a provision of services, inquiries or advice.
For requests for the delivery of a product or the provision of a service, the Company acts as a transparent intermediary between the User and the Merchant.
In the event of a problem relating to the delivery of a defective product or the performance of a service that does not comply with the order, the User must contact the Merchant concerned, without prejudice to the rights of withdrawal available to him in accordance with the legislation.
Article 3 – Site registration conditions and ordering conditions
3.1 Before placing an order, the user must first subscribe on the site http://www.hellomybnb.com, using the form provided and fill in name, address, telephone number and bank details. Any registration for the Service includes a non-binding subscription to MY BNB’s personal assistance
offer. Accessing and using the HelloMyBnB Service involves filling out a subscription form, as well as creating a user account. An account has a user name, associated with a password, both of which are clean and strictly personal to the subscriber. They allow any subscriber, via a dedicated interface, to subscribe / modify their personal information or cancel their subscription.
Once the account created, MY BNB will send a confirmation to the email address entered in the subscription form. In case of non-receipt of the sent email: please send an email to firstname.lastname@example.org. In order for the registration to be validated, the user will have to accept, the present GSUTC by clicking in the place indicated.
3.2 The User’s order is validated and his credit card charged, only after having given his agreement by responding to the quotation by the word ” GO ” on the price corresponding to the product or the service requested that the company communicate by SMS. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below. In certain cases, including non authorised payment, wrong address or other problem on the account of the User, the Company reserves the right to block the order of the User until the complete resolution of the problem. In case of unavailability of a product ordered or inability to perform a service, the user will be informed by SMS or WhatsApp.
The User is informed that the products and services are offered for sale within the limits of their availability. The unavailability of a product or service will not give rise to any compensation. In general, the User accepts and acknowledges that the effectiveness of the service is not
guaranteed by the Site. If the service can not be provided, the User is informed concomitantly with his request. Considering the large number of requests made to the Site, if the service can not be carried out immediately or delivered, the User is placed on a waiting list and served according to:
- the level of difficulty of the order.
- the availability of the products ordered.
The User is informed and agrees that his personal data – surname, first name, e-mail, telephone, civility, postal address – are communicated to the Merchant and / or the delivery person. For any question relating to the follow-up of an order, the buyer must send an SMS or WhatsApp to 07 56 79 56 41 (cost of a local call). The Company confirms by SMS or WhatsApp to the User the summary of the order, confirming the express commitment of the Parties.
Article 4 – Electronic Signature
The online provision of the credit card number of the User and the final validation of the order by SMS, will be proof of the agreement between the parties in accordance with the provisions of Law No. 2000-230 of March13, 2000 and will be worth:
- Requisition of sums due under the order form
- Signature and express acceptance of all operations carried out
In the event of fraudulent use of the credit card, the User is invited, as soon as this usage is known, to contact MY BNB either by email at email@example.com or by SMS or WhatsApp at 07 56 79 56 41.
Article 5 – Methods of payment and proof transaction
The Company uses the secure payment service provided by Stripe ( https://stripe.com/privacy) , whose registered office is located at 3180 18HT Street, Suite 100, San Francisco, CA 94110, USA.
Confidential data such as the 16-digit bank card number, the expiry date and the CVV code, are transmitted directly encrypted on the server of the bank.
The Company does not have access to this data.
The confirmation of the order is materialised by the acceptance of the estimate.
Acceptance of the quote implies acceptance of the request. Sending of the word “GO” allows to confirm your order definitively after having checked it and if necessary corrected.
You are committed to your order as soon as you send the word “GO”.
5.2 Any invoice request must be sent directly to the Company.
In order to ensure the security of transactions and to respond to the concern of prevention of
fraud in online sales, the Company may be required to carry out controls on orders.
The Company reserves the right to suspend any orde and any delivery in case of refusal of payment authorisation by officially accredited bodies or in case of non-payment.
The Company also reserves the right to refuse to make a delivery or to honor an order from a User who has not totally or partially paid a previous order or with whom a payment dispute is being administered.
The Company has implemented an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge.
As part of this verification, the User may be asked to send by e-mail to the Company a copy of an identity document and a proof of address.
The order will be validated only after receipt and verification by the Company of the parts sent.
5.3. The computerised records kept in the Company’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the Parties.
The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 6 – Price subscription to the service
6.1 Access and use of the Service is strictly subject to the subscription to a non-binding
subscription, in accordance with Article 3.
Our subscription offers are available on our website:
- Pay as you Travel
- Nomad Subscription
- Globe-Trotteur Subscription
Regarding the monthly Nomad subscription; I understand that I subscribe to a monthly subscription of 9.90 € (Vat included). The subscription is tacitly renewed. If I do not cancel my subscription in the subscription period through my customer area, I understand that I will be billed again 9.90 € the following month.
Regarding the offer Pay as you travel; I understand that I pay to a service at 25 € per trip. This service starts on the day of online payment is expires on the end date of travel.
Regarding the annual Globe-Trotteur subscription; I understand that I subscribe to an annual subscription of 99 €. If I do not cancel my subscription in the subscription period through my customer area, I understand that I will be billed again 99 € after one year.
Sending SMS or WhatsApp is free, excluding the cost of operator.
The price of the products and services is communicated to the Users, once the ordering process has started via SMS or WhatsApp.
The price mentioned by SMS or WhatsApp corresponding to the request made by the User, includes expenses related to the product or service, such as for example, delivery, packaging, preparation, insurance.
Users are charged only after expressly agreeing on the nature of the product or the service ordered and its corresponding price.
The prices takes into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of products and services online.
Payment of the full price must be made when ordering. The sums paid can not be considered as a deposit or instalments.
If one or more taxes or contributions, including environmental, were to be created, or modified, up or down, this change can be reflected in the selling price of products or services.
6.2 Subscription to MY BNB does not apply any concierge fees, except in the following cases: there will be a concierge fee as soon as it is involved:
Urgent request – Request with the intervention of more than one partner
Request with more than one hour of treatment time by MY BNB
The fees charged to the user are transparent and indicated on the invoice.
Article 7 – Terms of delivery or performance of a service
The Service offers the provision and delivery of products and services of any kind that the User makes the request within the limits of compliance of the law and regulations applied.
The delivery of the ordered product or the realisation of the service is carried out only after confirmation of the payment by the banking organisation of the Company.
7.1 For the delivery of a product:
The ordered products are delivered by a delivery person, according to the size and weight of the
products ordered and at the exclusive initiative of the Company.
The products are delivered to the address indicated by the User by SMS or WhatsApp, which must ensure its accuracy.
Any order returned to the Company because of an incorrect or incomplete delivery address will be returned at the expense of the User.
The User may, at his request, obtain an invoice to the billing address and not to the delivery address, by validating the option via SMS or WhatsApp.
If at the time of delivery, the original packaging is damaged, torn or opened, the User must then check the condition of the items.
If they have been opened or damaged, the User must refuse the package and note the following “package refused because open or damaged”.
The User must indicate in the form of handwritten observations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is deemed to have been made once the User, or a person authorised by him, has signed the delivery note.
The User must then confirm by registered mail these observations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the professional at the address indicated.
If the products need to be returned to the Company, they must be the subject of a return request from the Company on the day of delivery or at the latest on the first business day following delivery.
Any complaint formulated outside this period will not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions …).
7.2 For the realisation of a service:
The service is performed at the address indicated by the User on the order form, the User must
ensure its accuracy.
Any loss of the service provider due to an incorrect or incomplete address will be charged to the User.
The User may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
The User will make sure to give access to the Company, especially if he is not personally present on the day of the performance of the service.
The end of the service will result in an end of intervention document.
The User must indicate on this document and in the form of handwritten reserves accompanied by his signature any anomaly concerning the service or the conditions of its realisation.
This verification is considered as performed when the User or a person authorised by him, has signed the document of end of intervention.
7.3 The User must formulate to the Professional the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or nonconformity of the products in kind or quality compared the indications on his SMS.
Any claim made after this time will be rejected.
The claim may be made:
• By email: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits, can not be taken into account and release the Company from any liability vis-à-vis the User.
Upon receipt of the complaint, the Company will issue an exchange number of the product (s) concerned and will communicate it by e-mail to the User.
The exchange of a product can take place only after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the Company as a whole and in its original packaging, in Colissimo Recommandé, at the following address: Company MY BNB, 51 rue de la Malandre 44119 Treillieres.
Return costs will be borne by the Company.
A Article 8 – Bonds and society’s responsibility
8 .1 The Company undertakes to provide all the care and diligence necessary to provide a quality service.
8.2. The Company, however, only responds to an obligation of means at the end of which the services or deliveries of goods will be executed in strict compliance with the professional rules in use, and, if necessary, only in accordance with the terms of the order. The Company would not be responsible for the actions of the Traders.
8.3. The civil and criminal liability of the Company will not be engaged in case of fault attributable to the User. Faults, but not limited to, are the following:
- Misuse Service
- The unauthorised disclosure or use of the account created
8.4. The User agrees (i) that it is technically impossible to offer a Service free of any defect and that the Company can not commit to this effect, (ii) that defects may render the Service
temporarily unavailable, and that (iii) the operation of the Site may be affected by events and / or problems over which the Company has no control.
The Company may, at any time, modify or discontinue, temporarily or permanently, all or part of the Site to perform maintenance and / or make improvements and / or modifications to the
Site. The Company declines any responsibility for any modification, suspension or interruption of the site.
Article 9 – Obligations and responsibilities of the user
9.1 The User is solely responsible for the use of the Service, the information transmitted, their exploitation and their update. The User undertakes to ensure that third parties use the service by SMS or WhatsApp from their mobile, or to contact the operators of the Site as soon as possible via the “Contact” section in the event of loss or theft from their cell.
The User is solely responsible for the use made of his account. Any access or use of services made from the account of a User will be deemed to have been made by the latter.
The User agrees in particular:
- To provide sincere and genuine information;
- To send to the Company all the information and documents required for the execution of
9.2 The User alone bears the consequences of fraudulent use of his account.
9.3 It is the User’s responsibility to pay the amount corresponding to the amount of his order to the Company.
Otherwise the Company reserves the right to suspend the Service without notice.
9.4 . The Company reserves the right to exercise controls on the conformity of the use by the User of the service to these provisions.
9.5 . The User undertakes not to divulge any information relating to the service. This information is confidential and therefore constitutes trade secrets.
Article 10 – User Warranties
10.1 The Merchant providing the product ordered through the Site is the guarantor of the conformity of the goods of which the User has placed an order via SMS or WhatsApp. The User can therefore make a request exclusively to him under the legal guarantee of conformity provided for in Articles L.211-4 and following of the Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641. and following of the Civil Code.
In case of implementation of the legal guarantee of conformity, it is recalled that:
The User has a period of 2 (two) years, from the delivery of the property to act;
Given the specific nature of the Company’s business, the User may request the replacement of the goods delivered, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;
The User is exempted from reporting the proof of the lack of conformity of the good during the 6 (six) months following the delivery of the good;
In addition, it is recalled that:
The legal guarantee of conformity applies independently of the commercial guarantee indicated below;
The User may decide to implement the guarantee against hidden defects of the delivered item, by turning against the manufacturer or seller within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.
The products sold are also covered by a commercial guarantee to guarantee their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods, by the seller of the good.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The User is expressly informed that the Company is not the producer of the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
Article 11 – Right of withdrawal
11.1 In accordance with the provisions of the Consumer Code, the User has a period of seven working days from the date of receipt of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of return costs which are borne by the User.
In case of service delivery, the period of seven working days runs from the date of validation of the order by SMS or WhatsApp.
Only products returned as a whole, in their original packaging complete and intact and in perfect condition for resale will be taken back.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
In accordance with Article L121-21-8 of the Consumer Code, this right of withdrawal is excluded for:
- Service contracts whose execution has begun, with the agreement of the User, before the end of the withdrawal period;
- The contracts for goods or services whose price depends on financial market rates;
- Contracts for goods made at the request of the User or clearly personalised;
- Contracts for goods which by their nature can not be returned or may deteriorate or expire
11.2 After having communicated its decision to retract, the User must return the entire property, not disassembled and in its original packaging in Colissimo Recommended at the following address: MY BNB, 51 rue de la Malandre 44119 Treillieres, France
This right of withdrawal is exercised without penalty, it being understood that the cost of return are the responsibility of the User.
In the case of an exchange, the return will be at the expense of the User.
In such event, the Company shall refund the User the full amount paid, including the delivery costs, without undue delay and at the latest within fourteen days of the date on which he is informed of the consumer’s decision. to retract.
The Company may, however, defer repayment until recovery of the goods or until the User has provided proof of the shipment of these goods, the date chosen being the date of the first of these facts.
Article 12 – Confidentiality
12.1 All information of the User is used only in the context of its commercial relationship with the
They come from the voluntary registration of an e-mail address or a postal address when placing an order.
This information is never resold.
The Company informs the User that it will be able to communicate its data to ensure the delivery of orders, certain aspects of the after-sales service, and to carry out satisfaction surveys.
12.2 The Company undertakes to respect the confidentiality of your personal data and to treat it in compliance with the Data Protection Act of 6 January 1978.
The User may at any time request the deletion of his information to the following email address: email@example.com
Article 13 – Retention of title
The User is the owner of the product only after payment of all sums due.
Until that date, the User may not, without express prior authorisation, resell or assign it.
The Professional may make the authorisation conditional on certain conditions to guarantee the payment of the sums remaining due to him.
Notwithstanding any contrary provision, in the event of non-compliance by the User of one of the payment deadlines, the Professional, without losing any of his rights, may require, by simple registered letter, the return of the products at the expense of the Customer. User, until the execution by the latter of all his commitments.
This clause is accepted at the time of the order with extension of damage and interests in case of recovery of the material having suffered damages during the putting into service.
Article 14 – Account Closing & Subscription Termination
14.1 Closing the account at your initiative
You can definitively close your account and cancel your subscription at any time, as of right and without judicial formalities:
• From your member area on http://www.hellomybnb.com
• By sending an email to firstname.lastname@example.org
The closure of your account will take effect within a reasonable time after receipt of your request. Any month started is due and will not be refunded.
14.2 Closing the account at the initiative of the Company
In case of non-compliance with these Terms, the Company will have the option to suspend or close your account at any time, automatically and without legal formality, after sending a formal notice via email remained ineffective during a duration of five calendar days from receipt.
14.3 Consequences of closing the account
Any closure of your account will result in the definitive deletion within a reasonable period of information communicated to the Company when opening or updating your account, documents and other items tele-paid into your customer account and, where applicable for any document or content that you have published, downloaded or made available on the Platform.
Article 15 – Force majeure
Any event beyond the control of the parties that can not reasonably be foreseen and overcome will be considered as an event of force majeure in accordance with the provisions of Article 1218 of the Civil Code.
Article 16 – Applicable Law and Jurisdiction
These Terms and all contractual information mentioned on the Site are written in French and translated in english and are subject to French law.
In the event of a dispute or dispute between the parties, the parties shall endeavour, in good faith, to reach an amicable agreement.
If no amicable solution was found the courts of Nantes, France will be competent to know the litigation or the difficulty.
Article 17 – Mediation
In accordance with Article L. 612-1 of the Consumer Code, the user is informed of the opportunity is offered, in case of dispute or dispute the opponent to MY BNB, free of charge to the mediation service.