Terms and conditions

General Conditions of Use for meal preparation and delivery services booked through www.mycuistot.com

Or « Terms and conditions Meal preparation and delivery »

The company GMML SAS, whose registered office is located at 10 rue de penthièvre, 75008 Paris, registered in the Paris Trade and Companies Register under the number 807 509 807 (" Mycuistot") using the connecting platform www.mycuistot.com . (« Platform » or « Site (internet) »). The “customers” are the users of this platform (“ Users ») to find a home service provider (" Service(s) » or « Cooking services and delivery ») with self-employed professional service providers who work independently and on their own account ("Service Providers" or "Service Providers") and who declare their own activity.

The user is linked to Mycuistot through a contract governed by « General Conditions of Use of the Mycuistot Platform for the User » (or « Terms and Conditions User ») appropriate for the use of the platform, established and concluded when registering on the platform as part of its first booking request. In this context, Mycuistot acquires authorization as an agent to accept a service on behalf of the user, to confirm the transfer of payment via an independent multi-channel financial intermediation platform to service providers and issue invoices on their behalf. However Mycuistot cannot intervene on the decision of a service provider to accept or refuse a service.

The user is linked to two contractual relationships. On the one hand, the user has a contract directly established with Mycuistot regarding its use of the platform (« General Conditions of Use of the Mycuistot Platform for the User»). On the other hand, the user is bound by a contract with the service provider in the context of meal preparation and delivery (« Meal preparation and delivery contract »). For this meal preparation and delivery contract, other general conditions of use apply.

These General Conditions of Use apply to this meal preparation and delivery contract (« Terms and conditions Meal preparation and delivery »).

Content and establishment of this meal preparation and delivery contract

  1. The meal preparation and delivery contract established between users and providers consists of establishing a contractual link with a company offering services. The user benefits from services provided by a Company, natural or legal person, authorized to offer meal preparation and delivery services, in accordance with the tacit content stipulated in the reservation request made by the user on the platform The service provider services performs its service and receives in return a payment, the transfer methods of which are specified in the reservation request. The service provider is then billed by Mycuistot for a service fee for contacting the user.

  2. The meal preparation and delivery contract is established as follows:

    1. The user selects on www.mycuistot.com meal preparation and delivery services, the price of which is displayed and can then click on the "Confirm my order" button, this "legal" transaction implies agreement for the conclusion of an appropriate kitchen service contract corresponding to the criteria of the reservation issued (« Offer » or « Reservation request »). The user does not click on the "Confirm my order" button until he has read and accepted these "Terms and conditions Meal preparation and delivery".

    2. Once the reservation request has been sent to the platform, the user receives confirmation that it has been received from Mycuistot, which does not correspond to acceptance of his request.

    3. The user's offer is transmitted as defined by this contract to service providers by Mycuistot. If the user has appointed a preferred provider, the latter will receive the offer in priority

    4. Mycuistot presents the provider with   user reservation offers. The user is notified by email when his offer is accepted by a service provider (« Reservation confirmation »). Once this email is received or another form of booking confirmation by the user, the user tacitly establishes a meal preparation and delivery contract with the service provider.

    5. The booking confirmation contains the information on which the agreement was based (ie the information entered by the user in his booking request), the list of services chosen, the dates and times desired, identity and contact details of the provider. The booking confirmation also contains the general conditions of use of the meal preparation and delivery contract, which contains the indication of the right of withdrawal granted to the user. Since it has quality of consumer, the user has a legal right of withdrawal.

    Terms of cancelation

    Right to retract

    You have a right of withdrawal authorizing you to revoke without necessary reason within 14 days of subscribing to this contract or up to 48 hours before the date of the requested service (80 hours if the service is a Monday) if it intervenes less than 14 days before the confirmation of the reservation expressly given by the User (by letter, fax or electronic mail). This period takes form upon receipt of this instruction in the form of a writing expressing unequivocally its will to withdraw but in no way before the conclusion of the contract or the fulfillment of our obligations to provide the associated information in accordance with articles L. 121-21 et seq. Of the Consumer Code. The revocation period is sufficient to be able to send this request. This must be sent to:

    GMML SAS, whose registered office is located at 10 rue de Penthièvre, 75008 Paris, registered in the Paris Trade and Companies Register under number 807 509 807.

    Consequences of revocation

    In the event of an effective cancellation, the mutually included benefits must be returned and any benefits (for example, interest) must be returned. If you can only partially, cannot or can only return any kind of benefit or benefit received (for example, the benefits of use) to an impaired state, then you will have to pay compensation accordingly. This period takes effect for you on the date of sending your request for revocation, and on the date of receipt of this request for us.

    In the event of regular exercise of his right of withdrawal, the consumer shall return the benefits or advantages perceived to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to retract in accordance with article L. 121-21-2 of the Consumer Code, unless the professional offers to recover these goods himself.

    When the right of withdrawal is exercised, the trader is obliged to reimburse the consumer for all the sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which it is informed of the consumer's decision to withdraw.

    The professional makes the reimbursements using the same means of payment as that used by the consumer for the initial transaction, unless express agreement of the consumer so that he uses another means of payment and insofar as the reimbursement does not cause costs to the consumer.

    If the consumer wishes the execution of a service to begin before the end of the withdrawal period mentioned in article L. 121-21, the professional collects his express request on paper or on a durable medium.

    The consumer who has exercised his right of withdrawal from a contract for the provision of services whose execution has started, at his express request, before the end of the withdrawal period shall pay the trader an amount corresponding to the service provided until communication of his decision to withdraw; this amount is proportional to the total price of the service agreed in the contract.

    No sum is due by the consumer having exercised his right of withdrawal if his express request has not been collected in application of the first paragraph of this article or if the trader has not complied with the obligation of information provided for in 4 ° of I of article L. 121-17.

    Particular case

    Your right of revocation expires prematurely in the event that the contract is fully fulfilled by both parties in accordance with the explicit request which is established before you have exercised your right of revocation.

    End of Cancellation Policy

    Contract cancellation request form

    If you wish to terminate this contract please fill out the following form and send it back:

    Recipient: GMML SAS, 10 rue de Penthievre, 75008 Paris or yum@mycuistot.com

    – I, the undersigned Mme / Melle / M. [your name] having contracted the service [reference] and the purchase of the following products [*]
    – Ensured by [*]
    – Assigned on [*] / received on [*]
    – User name
    – User address
    – Signature (if paper format)
    – Date

  3. In the event that Mycuistot cannot satisfy a reservation request sent by the user, the meal preparation and delivery contract is not concluded. Mycuistot warns the user by any means (by email or telephone). Mycuistot can offer another date with a service provider to the user without obligation to purchase.

  4. The acceptance or rejection by the service provider of a reservation request issued by a user is generally reported within less than 3 days

Provisions of the meal preparation and delivery contract

  1. The user provides the provider with all the information necessary for the performance of its service and its obligations and facilitates a pleasant and efficient implementation of the service. The user is required to set up conditions conducive to the proper execution of meal preparation and delivery at the agreed time. This includes in particular sufficient information for the provider to be able to reach the place of delivery without difficulty.

  2. The service provider is required to perform his service in accordance with the provisions of this home cooking service contract. The information provided during the reservation request - which constitutes the establishment of this contract - must therefore be clearly specified, in particular with regard to location, duration, times and preferences for the service. This information allows acceptance by the parties of a meal preparation and delivery contract with knowledge of its methods of execution. The service provider is then responsible for performing his service in accordance with this contract and assuming the responsibilities.

  3. In the event that the user chooses meal preparation and delivery without a shopping option, he undertakes to take charge of and make available to the service provider the kitchen equipment and food necessary for the preparation of the dishes. Consequently, he must ensure its effective presence at the start of it. Otherwise, he will have to suffer the consequences of the impossibility for the service provider to perform the services ordered, without being able to request reimbursement or a price reduction.

  4. The user is required to determine the duration of the service in advance, when requesting a reservation. The user is obliged to notify Mycuistot immediately in the event that the service provider does not respect the number of hours initially provided for in the reservation.

  5. The services provided by the service provider must comply with what is stipulated in the established contract and the contract will be considered to be regularly and fully executed if the user does not report any difficulties encountered or reservations to   issue immediately after the completion of the cooking service and at the latest 48 hours after the completion of the service. When the service provided by the service provider turns out to be unsatisfactory, Mycuistot will suggest that he provide a solution and carry out the necessary take-back work. Mycuistot will transmit the statement to the service provider immediately In the case of justified disputes (any defect), users must inform Mycuistot within 48 hours after the provision of the service in order to allow the service provider to remedy it within an appropriate period. Mycuistot will contact the provider directly if the user does not testify to the damage caused.

  6. The service provider is required, with respect to the user, to declare the amount that this user paid for the execution of his meal preparation and delivery.

    In order to guarantee the approval of his declaration, the service provider must provide the prefect or provide information online on the state of his activity (each quarter) and / or the qualitative and quantitative assessment of his activities (each year) accompanied by 'a statistical table. The Service Provider must provide Mycuistot with the details of the declarations at the same time as they make them in order to check their compliance with the services provided.

  7. Mycuistot will do its best to ensure that any breach is notified to the service provider.

    Mycuistot will do its utmost to take into account any claim or request for compensation with regard to the service provider, without this creating an obligation towards it. Mycuistot is under no obligation to satisfy these requests to the extent that its own responsibility is engaged.

  8. The statutory claim of the user against the service provider concerning the service provided is not affected by these clauses

Payment

  1. Once the service stipulated in the meal preparation and delivery contract has been carried out and not reserved, the price previously accepted when booking on the Mycuistot platform is due and must be paid by the means of payment which was This payment must be made at later within 48 hours of completion of the service.

  2. The user must fulfill the payment agreed with Mycuistot; this is liberating as soon as the payment is received by the Stripe multi-channel payment platform (on which the customer makes the payment using the Mycuistot platform) is effective Payment is transferred to the service provider after confirmation of execution full of its service without reservations, the absence of complaints or reservations within an expiration period of 48 hours after the agreed deadline for the performance of the service.

  3. Mycuistot establishes electronic invoices for services / meal preparation and delivery services on behalf of and in the name of the service provider and intended for the user under the billing mandate signed between the two parties.

Cancelation

  1. The cancellation (withdrawal) of the reserved cooking and delivery services is free up to 48 hours before the deadline agreed in the reservation (80 hours if it is a Monday). In the event that the user wishes to cancel his reservation within a period of less than 48 hours before the deadline agreed during the reservation, the user must pay cancellation fees of 100% of the cost of the intervention reserved. , the service provider no longer having sufficient room for maneuver to reassign the service The user remains entitled to prove that the cancellation actual costs are less than the fixed amount.

  2. The meal preparation and delivery contract cannot be terminated once the service has started or during the service. The legitimate right to revoke the contract for a serious reason is maintained. The meal preparation and delivery contract will be considered to end once the services have been paid.

  3. Subscription to the My Cuistot service is without any commitment. The user stops their subscription by simple email to yum@mycuistot.com or click via the application no later than 48 hours before the next visit by their cook (excluding Monday services for which the limit is Friday noon).

Prohibition on poaching a service provider

The client agrees not to hire or work directly with his provider without the intermediary of My Cuistot. If the client wishes to free himself from this commitment, a fixed fee of $ 1,500 excluding recruitment costs will be invoiced by My Cuistot to the client.

Liability of service providers

  1. The service provider performs his services according to the rules of the art of his profession and in accordance with the rules and professional practices in force. He is responsible to the user for any breach of contractual and non-contractual obligations according to applicable regulatory or legal requirements. The exceptions are stated in the following paragraph (b.).

  2. Whatever the legal reason - in the event of willful misconduct or gross negligence - the service provider assumes its responsibility. In case of simple negligence, the service provider will only be liable in the following cases:

    1. For damage leading to damage to life, injury or deterioration of health.
    2. For damages leading to a breach of an essential contractual obligation (id is an obligation whose fulfillment allows a compliant execution of the meal preparation and delivery contract and for which the user gives his confidence as to compliance with it and can count on it in this case (main contractual obligation)). However, the liability of the service provider is limited in terms of value in the event of foreseeable atypical damage.
    3. For damages leading to a breach of an essential contractual obligation (id is an obligation whose fulfillment allows a compliant execution of the meal preparation and delivery contract and for which the user gives his confidence as to compliance with it and can count on it in this case (main contractual obligation)). However, the liability of the service provider is limited in terms of value in the event of foreseeable atypical damage.
  3. The PARTNER is solely responsible for the information transmitted to Mycuistot. In the event that the information transmitted is incorrect or incomplete, the PARTNER will bear all the consequences

  4. The PARTNER is fully responsible for being able to declare their income. The PARTNER must be able to present to MYCUISTOT all the necessary supporting documents.

Applicable laws, place of jurisdiction, language of contract

  1. The Mycuistot Platform User Agreement is governed by French law

  2. The contract is in English and all negotiations are established in this language

  3. In the event of a dispute concerning these conditions or the conditions of the User Agreement of the Mycuistot Platform, remedies take place before French courts.

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Last update: March 2020