Effective: November 23rd, 2023
It is specified that the Services offered by TRIPARTIE are intended to secure payments relating to (i) sales of goods between individuals and (ii) services provided by self-employed persons or small businesses. TRIPARTIE does not exercise any control over the quality and the conformity of the Objects of the Transaction and services exchanged by the Users and declines all responsibility in case of a dispute between the Buyer and the Seller.
ARTICLE 1 - DEFINITIONS AND INTERPRETATION
Anti-Fraud Service Provider
refers to Oneytrust, société par actions simplifiée, with equity of €367,085.50, whose registered office is located 34 avenue de Flandre – 59170 Croix and registered in the Lille Métropole Trade and Companies Register under number 429 121 866, or any other anti-fraud service provider with which TRIPARTIE will have developed a partnership.
means cumulatively (i) any natural or legal person who holds a Personal Account (ii) who acquires the Object of the Transaction and (iii) uses the Services to secure the payment related to the Transaction.
means either the Buyer or the Seller, depending on the quality of the other party to the Transaction.
means any information relating to the User that identifies the User, such as his name and first name, postal address(es), e-mail address(es), telephone number(s), identification proof, information on the technical equipment used, cookies, connection data and navigation data when the User authorizes it, banking data when the User allows it, order history, subscription information, and communication campaigns.
means the monetary value issued by the Provider against the money remittance of the Users and stored on the Electronic Purses.
means the technical account opened by the Payment Service Provider in the name of the User on which the Electronic Currency units issued or received are stored. The creation of an Electronic Purse is justified by the need to protect the funds collected through the Web Site.
means the company in charge of transporting and delivering the Object of the Transaction.
means the duration, expressed in calendar day(s), and determined by a joint agreement between the Buyer and the Seller at the beginning of the Transaction, allowing the Purchaser to verify the conformity of the Object of the Transaction before the ring-faced prices is paid to the Seller. This period equals seven (7) calendar days if the Object of the Transaction is a material good and fourteen (14) calendar days if the Object of the Transaction is a service. The Inspection Period begins upon receipt of the Object of the Transaction by the Buyer and expires on the last day at 23:59 UTC (Coordinated Universal Time). In the case of hand-deliveries of the Object of the Transaction, no deadline will have to be respected. TRIPARTIE reserves the right to extend the Inspection Period, especially in case of difficulty related to the delivery of the Object of the Transaction.
means the Mobile Application developed and operated by TRIPARTIE, downloadable from the "Google Play Store" and the "Apple App Store" and giving access to the Services.
Object of the Transaction
means a physical good and/or a provision of services subject to a Transaction between a Buyer and a Seller.
Third party application or website partner of TRIPARTIE on which the Solution is offered.
means the online space accessible from the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered requiring authentication with the unique identifiers of each User.
means a four (4) digit code created by the User. The PIN will allow the latter to use the Mobile Application Services and will be requested for each Sensitive Action.
means the Price of the Object of the Transaction.
means the request made by a User to a Buyer, Seller or Third Party for the purpose of performing a Transaction using the Services.
means the procedure to return to the Seller the Object of the Transaction, introduced by the Buyer due to non-conformity or poor quality of the Object of the Transaction, as a result of a shipment by postal parcel of the Object of the Transaction.
Ring-fencing or Ring-fenced
means the Ring-fencing of the amount of funds and the amount of fees for using the Services related to a Transaction on a Ring-fencing account of electronic money of the Payment Service Provider in order to secure the said Transaction.
means cumulatively (i) any natural or legal person holding a Personal Account (ii) wishing to transfer the Object of the Transaction and (iii) using the Services to secure the payment related to the Transaction.
Payment Service Provider
means MANGOPAY SA, a public limited company under Luxembourg law, with a capital of 2,000,000 euros, whose head office is 10, Boulevard Royal - L-2449 Luxembourg and registered in the Luxembourg Trade and Companies Register under the number B173459, authorized to operate in France in free establishment as an electronic money institution approved by the Financial Sector Supervisory Commission, 283 route d'Arlon L-1150 Luxembourg, or any other payment service provider with which TRIPARTIE has developed partnership.
means the services offered by TRIPARTIE to the Users via the Mobile Application, the Web Site and/or any partner platform on which the services would be offered.
means all the actions of the User performed while using the Services.
means the absence of Action by a User, including (i) the fact that the Buyer does not confirm or invalidate the quality and/or conformity of the Object of the Transaction before the expiry of the Inspection Period, and (ii) the fact that the Seller does not confirm or invalidate the quality and/or the conformity of the Object of the Transaction following a Return.
means any new User of the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered sponsored by a User as part of the sponsorship procedure described below.
means the commission due to TRIPARTIE for any use of the Services by the User.
means any person who does not have a Personal Account and who is likely to use the Services.
means the total cost of a Transaction, expressed in the currency chosen by the Buyer and the Seller, and including (i) the Object of the Transaction Price and (ii) the fees for the use of the Services.
means the securing procedure for the payment of the Object of the Transaction made by the Users via the Services.
means any legal or natural person who uses the Services as a Buyer or Seller for the purpose of securing the transfer of the Object of the Transaction.
means the confidential and unique connection data of any User, consisting of a username (email address and/or mobile number) and a Pin code, allowing the access to the Services.
means the website operated by TRIPARTIE and accessible at the following address: https://tripartie.com
ARTICLE 2 - FIELD OF APPLICATION AND OPPOSABILITY
Any natural person wishing to use the Services must be over the age of the majority, capable and acting in his own name. Any legal entity wishing to use the Services must be capable and act in its corporate name. The responsibility of TRIPARTIE cannot, in any case, be engaged in case of misuse of the Web Site and/or the Application by a minor or incapable User within the meaning of the French legislation.
By going on the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered to use the Services, the User acknowledges having read the Terms in their entirety and accept them without reservation, as well as their application to any use of the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered. These Terms are enforceable from their acceptance during the creation by the User of his Personal Account.
The User who does not wish that his contractual relations with the Web Site are governed by the new Terms will have to stop using the Services.
ARTICLE 3 - DESCRIPTION OF THE SERVICES
The Services allow Users to secure the transfer of funds relating to the Purpose of the Transaction, in particular through the Ring-fencing and the User grading system.
The Total Amount is collected via the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered and is then secured by the Payment Service Provider. The funds are paid to the Seller (i) only after validation by the Buyer during the Inspection Period, under his sole responsibility, or (ii) at the end of the Inspection Period, in case of Silence of the Buyer.
The Services operate via the opening of Electronic Purses, provided by the Payment Service Provider, in accordance with the banking and financial regulations in force.
ARTICLE 4 - ACCESS TO THE SERVICES
By accessing the Web Site, the User is informed that cookies may be used, subject to his express and prior consent given at the moment of the creation of his Personal Account, in order to personalize Services and to measure the audience of the Web Site.
Cookies do not identify the User but allow to record information relating to the navigation of the User on the Web Site, including the date and time of consultation, the sections and contents visited.
4.2 Personal Account creation
The User can access the Services via the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered, after creating a Personal Account.
The creation of a Personal Account requires the following equipment:
- a way of connection to the Internet (mobile phone, computer, tablet)
- an Internet connection,
- a valid email address, and
- a mobile phone to receive messages.
The User must hold a bank account opened with a credit institution and have all the rights necessary for its operation, especially in case of joint account.
By registering a payment method such as credit card, Maestro, Diners and/or Bancontact, the User accepts that a pre-authorization of an amount of one (1) euro is made by TRIPARTIE and the Payment Service Provider to activate the said method of payment.
The User natural person must be over the age of the majority to access the Services.
When creating his Personal Account, the User must enter a secret PIN. The User agrees to keep it and to take all the necessary precautions to preserve its confidentiality. TRIPARTIE can in no way be held responsible for the loss or unreasonable communication by the User of his PIN.
4.3 User identification
The creation of a Personal Account requires the following information, which the User declares on his honour to be accurate and accepts that it is used to prove his identity:
- surname, first name, date and country of birth,
- Residence address,
- email address and mobile number,
- password (giving access to the Personal Account), and
The User may transfer funds from his Electronic Wallet to a personal bank account.
This transfer can be operated by:
- The Seller who wishes to transfer the Ring-fenced funds corresponding to the Price of the Object of the Transaction to his personal bank account;
- The Buyer who wishes to recover the Ring-fenced funds in case of cancellation of the Transaction for any reason whatsoever.
Every transfer is conditioned from the first euro to the communication of the listed information in this article 4.3 “User Identification” by the User in question.
In the absence of communication of such information, no transfer of funds may take place from the Electronic Purse of the User.
The User agrees to create only one Personal Account for his own utilisation.
TRIPARTIE and the Payment Service Provider reserve the right to request at any time additional information or documents to comply with applicable regulations, notably to combat money laundering, terrorist financing and fraud.
4.4 Access and use of the Personal Account
Access to the Personal Account is protected by a password that only the User knows. The User is responsible for the confidentiality of his username, so that TRIPARTIE cannot be held liable in case of fraudulent connection.
The User undertakes to immediately notify TRIPARTIE of any fraudulent connection on his Personal Account. The latter may be subject to temporary suspension or permanent cancellation.
In order to make transfers between his personal bank account and his Electronic Purse, the User must enter his RIB bank details (IBAN + BIC + Name of the account holder) in his Personal Account.
The User acting as a Buyer and having other means of payment, must provide the necessary information relating to the said payment methods, in order to proceed to the payment.
ARTICLE 5 - ANTI-FRAUD SCHEME
TRIPARTIE deploys via its Solution a scheme to combat fraud, part of which is developed by the Anti-Fraud Service Provider. This service allows the corresponding fraud risk level to be assessed for each Transaction (hereinafter the "Anti-Fraud Scheme").
Thus, any Transaction may be analysed by the Anti-Fraud Scheme in order to control the risk of fraud related to the Services, it being specified that the analysis of the Transaction via the Anti-Fraud Scheme is largely based on the analysis of the Transaction data communicated to the Anti-Fraud Service Provider by TRIPARTIE. Any change in the Transaction data may alter the Anti-Fraud Service Provider's assessment of the fraud risk associated with the Transaction.
The Anti-Fraud Service Provider uses this data for the purpose of analysing the Transaction, particularly for the purpose of detecting possible fraud attempts by means of its Anti-Fraud Scheme. In addition, the Anti-Fraud Service Provider may keep this data for the purpose of enriching the file that it has set up to combat fraud.
In this respect, the User authorises TRIPARTIE to communicate Users' Data, particularly Personal Data, to the Anti-Fraud Service Provider in order to enable the Anti-Fraud Scheme to function properly.
ARTICLE 6 - EXECUTION OF SERVICES
6.1 Request of a Transaction
The User has the faculty to make, from his Personal Account, a Request to make a new Transaction.
In order to do this, the User is invited to ask his co-contractor for his email address and/or his mobile phone number. He then informs the information relating to the proposed transaction requested by TRIPARTIE:
- Currency used for payment of the Transaction,
- Telephone number or email address of the other party,
- Choice of the type of the Object of the Transaction (physical property or provision of services),
- Designation of the Object of the Transaction (descriptive free field),
- Mode of delivery of the Object of the Transaction (delivery by hand or sending by parcel),
- Desired distribution of User Fees, and
- If the User acts as Buyer, the desired method of payment.
When the Request is complete, it is sent to the other party who has the option of accepting it, rejecting it or making a modification request, if necessary, after having created a Personal Account.
In case of Request for modification made by the other party, the user reads it from his Personal Account and then accepts it or rejects it.
Current Requests are visible from Personal Account.
6.2 Payment of a Transaction
When the terms of a Request have been accepted by the Buyer and the Seller, the Buyer is invited to pay the amount of the Price as well as the portion of the User Fees for the use of the Services fall to it.
To do this, a seizure of the PIN is required. Several payment methods are then offered to the Buyer, who provides the necessary information depending on the payment method chosen.
Once the payment has been made, the Buyer's personal bank account and/or Electronic Purse is / are debited by the Amount corresponding to the increased price from the User Fees at the expense of Buyer. This sum is paid to the Ring-fencing account of the Provider.
Users have the option to choose whom of the Buyer or the Seller will pay the User Fees. In this case, the portion of the User Fees borne by the Seller shall be deducted at the end of the Transaction, directly on the Total Amount of the Price.
The Ring-fenced funds are made unavailable until the end of the Transaction. In case of cancellation of the Transaction, the funds paid by the Buyer are returned directly to him on his Electronic Purse.
The funds present on the User's Electronic Purse may be paid into the User's personal bank account at any time by submitting a request from the User’s Personal Account.
Transactions in foreign currencies are subject to exchange rate fluctuations.
The delivery of the Object of the Transaction takes place by hand or by sending a parcel post, depending on the option chosen by the Buyer and the Seller at the beginning of the Transaction.
6.3.1 Hand delivery
In the case of a collection, the Buyer and the Seller meet physically to organize the delivery of the Object of the Transaction.
The Buyer is required to verify the conformity of the Object of the Transaction, if necessary, after an inspection of the latter, before definitively validating the Transaction from his Personal Account. Buyer and Seller may also reduce the Price or cancel the Transaction. To carry out the operations referred to in this paragraph, the PIN is required.
After the validation by the Buyer, the Ring-fenced funds corresponding to the Price, deducted if necessary from the User Fees being incumbent upon the Seller, are then transferred from the Provider's Ring-fenced account to the credit of the Seller’s Electronic Purse.
The User Fees calculated according to the nature of the Object of the Transaction, the payment method used, and the Price are then transferred from the Provider's Ring-fenced account to the TRIPARTIE account.
6.3.2 Sending by post
In case of sending by postal parcel, the Seller sends the Object of the Transaction to the postal address that has been previously indicated by the Buyer, and that can be found in the Buyer’s Personal Account. The Seller must not, under any circumstances, send the Object of the Transaction to another postal address.
La Poste carrier (Colissimo)
When the Buyer chooses La Poste (Colissimo) as a delivery service, the Seller automatically receives a delivery note that he must use to send the Object of the Transaction to the Buyer. If the Object of the Transaction is lost or damaged during the delivery, TRIPARTIE will refund the Buyer the total amount retained. Within the framework of this service, the general terms and conditions of sale and the contractual terms and conditions of La Poste (Colissimo) apply for the User who benefits from the integrated shipping note. By using this shipping service, the Seller will benefit from a compensation limit for lost or damaged items of 23 euros, in accordance with the compensation system of La Poste (Colissimo).
The special terms and conditions of sale of the Colissimo / Courrier Suivi offers listed below derogate, however, from the specific terms and conditions of sale of the Colissimo / Courrier Suivi offers mentioned above as well as from La Poste's general terms and conditions of sale of the Courrier - Colissimo services, which remain applicable for everything that is not contrary to these terms and conditions. Seller means the Customer of La Poste:
The scope of application includes the Colissimo / Courrier Suivi offers and services set out in the specific terms and conditions of sale;
The current rates for the Colissimo / Courrier Suivi offers and services can be consulted on the Tripartie website;
The seller mandates Tripartie to pay La Poste the postage due at the rate in effect on the day of deposit and corresponding to the nature of his shipment;
The buyer pays the postage directly for the Colissimo / Courrier Suivi product on Tripartie;
The postage slip ordered via Tripartie is made available by Tripartie to the Seller upon confirmation of the sale and in his customer area;
The postal slip must be printed by the seller and then affixed to the item. It is imperative that the seller does not modify the size of the Postage Note (including the label) to be printed. The Customer is advised to refer to the instructions for use of the service located next to the label when printing the item. The seller is responsible for the legibility of the label affixed. La Poste cannot be held responsible in the event of erroneous, incomplete or missing information concerning the addressing of the item;
The number of the shipment is displayed to the seller and the buyer in the transaction details, thus enabling it to be tracked. The Customer can consult the tracking of the shipment on the www.laposte.fr website;
In the event of a change in legal and/or factual circumstances, new special terms and conditions of sale will be drawn up. The modified special terms and conditions of sale will then be applicable and will replace the present terms and conditions, from the date of entry into force mentioned at the beginning of the new special terms and conditions of sale.
Choice of another carrier
If the buyer does not choose La Poste (Colissimo) as the delivery service, the Seller must imperatively send the Object of the Transaction by tracked parcel using one of the following Haulage contractors:
- La Poste (Colissimo),
- Dpdgroup (France),
- Swiss Post,
- FedEx, and
It is important to subscribe to the insurance options (up to the value of the Object of the Transaction) and to subscribe to the delivery against signature option to allow TRIPARTIE to protect both the Seller and the Buyer. The Seller shall be obliged to keep the deposit ticket until the finalisation of the Transaction, whatever the outcome, and to fill in the tracking number on the Mobile Application.
The Inspection Period starts from the day of the reception of the parcel by the Buyer. The Buyer is then obliged to check the conformity of the Object of the Transaction, if need be after an inspection of the Object, before finally confirming the Transaction on his Personal Account prior to the end of the Inspection Period.
In case of expiration of the Inspection Period, the Buyer is considered to have validated and accepted the Object of the Transaction: the amount of the Transaction is thus immediately credited to the Seller’s Electronic Purse.
The Buyer and the Seller can also reduce the Price of cancel the Transaction. In order to realise the operations mentioned on this paragraph, the PIN is required.
In case of validation by the Buyer, the Ring-fenced funds corresponding to the Price, reduced, if need be, of the Seller’s User Fees, is credited from the Payment Service Provider’s account to the credit of the Seller’s Electronic Purse.
The User Fees calculated according to the nature of the Object of the Transaction, the payment method used, and the Price are thus transferred from the Payment Service Provider’s ring-fencing account to the TRIPARTIE account.
In case of cancellation of the Transaction on the Buyer’s initiative, the Seller is informed of the cancellation. The Buyer has five (5) business days to send back the parcel to the address indicated on his Personal Account, following the shipping instructions of the present article 4.3.2. (Sending by post). If this does not happen, the Ring-fenced Funds will be definitively provided on the Seller’s Electronic Purse.
In the event of non-compliance with these instructions, notably those regarding the send by tracked parcel and the subscription of an insurance from the Haulage contractor, the User who sends and/or sends back the parcel will be held responsible in case of loss, theft, degradation, or any other inconvenience related to the delivery of the parcel, including if it results from the Haulage contractor’s fact.
From the reception of the returned parcel onwards, the Seller is required to verify the conformity of the Object of the Transaction under five (5) business days (otherwise, the Ring-fenced funds will be definitively transferred on the Buyer’s Electronic Purse), if need be, after an inspection of the Object, before:
- Validate the transaction (in that case the Ring-fenced funds are returned to the Boyer on his Electronic Purse), or
- Declare the absence of reception or the degradation of the Object of the Transaction on his Personal Account (in that case, the Ring-fenced funds will stay Ring-fenced until the resolution of the litigation).
In case of cancellation of the Transaction, no User Fees will be charged by TRIPARTIE.
6.4 Grading and commenting a Transaction
At the end of every Transaction, the Buyer and the Seller can mark publicly the Transaction in the form of stars from their Personal Account.
The marks and comments are not verified by TRIPARTIE, since they can be inaccurate or dishonest.
The Users commit themselves to mark and comment accurately, without abusive or defamatory language.
Marks and comments are published on the public profile of every User and are visible by other Users.
6.5 Disputes settlement between Users
The Buyer who is not satisfied with the Object of the Transaction delivered by parcel post has the capacity to restore it to the Seller, in the state in which he has received it. The Buyer’s dissatisfaction regarding the Object of the Transaction may result of a damage caused to it, of an hidden defect, of a lack of conformity of the Object with its purpose. This list is non exhaustive.
If the Seller claims and adduce evidence that the Object of the Transaction returned by the Buyer has been damaged, he will be able to obtain a financial compensation though its Personal Account.
The Buyer and the Seller are invited to communicate the maximum of elements regarding the litigation though their Personal Account. Once the situation is exposed, the Buyer and the Seller have the possibility to make offers and counteroffers. If, within a period of fourteen (15) days maximum, a deal between the Buyer and the Seller is reached, the money is immediately deposited according to the distribution of the agreement.
In the case in which an amicable agreement is found between the Users, of if TRIPARTIE establishes the liability of the Seller or of the Buyer, TRIPARTIE will draw from the Ring-fenced funds the amount necessary to resolve the litigation.
In the case in which no amicable agreement has been reached within the deadline, TRIPARTIE freely assists the Buyer and the Seller in the resolution of the litigation by allowing the two parties to answer to the arguments and proofs put forward. An experienced and independent TRIPARTIE arbitrator will be assigned to the litigation. The Buyer and the Seller will be able to submit to him all information and elements of proof they wish to highlight. The proof of the damage of the Object of the Transaction will be administered under the conditions of ordinary law. The financial compensation will either be equal to the amount determined by the Co-contracting Parties at the end of the phase of amicable settlement, or, if the Parties have failed to agree, by a TRIPARTIE arbitrator. The TRIPARTIE arbitrator will be able to propose a short online audition to the Parties, in order to discuss the elements of proof that have been sent and, if need be, in order to ask for additional documents. When the TRIPARTIE arbitrator will issue his decision, the funds will be immediately transferred according to this decision.
The Users commit themselves to participate in good faith in the resolution of the litigation, to give to TRIPARTIE the requested information and to apply all requested measures.
In case of loss, theft, damage, or any other inconvenience related to the delivery of the parcel and caused by the Haulage contractor, TRIPARTIE reserves the right to exercise all available remedies to entail the responsibility of the Haulage contractor, and to enforce the User’s rights.
Every User accepts to provide TRIPARTIE with the information necessary to lodge an appeal to the Haulage contractor, and to sign, if need be, the requested documents. In the case in which expenses are engaged to incriminate the Haulage contractor, these expenses shall be borne by the User.
6.6 Right of withdrawal
The User who is a natural person acting in a non-professional capacity has the option of exercising his or her right of withdrawal from the Company within 14 days, using the model withdrawal form available in the Annex.
However, the User may not use the Services before the expiration of the withdrawal period. Therefore, the exercise of the right of withdrawal must take place before any creation or acceptance of a Transaction or Request by the User.
The law does not provide for a right of withdrawal in the case of a transaction between private individuals, the right of withdrawal referred to in this Article therefore concerns exclusively the Services.
By creating or accepting a Transaction or a Request, the User expressly waives the right of withdrawal.
ARTICLE 7 - PRICING
7.1 General information
User Fees are due as soon as a Transaction is completed, i.e. as soon as the Buyer has validated the compliance of the Object of the Transaction from his Personal Space or in case the Inspection Period expires.
When the Buyer and the Seller create a new Transaction, related User Fees are calculated and mentioned in the Transaction recap.
The User acknowledges that the right of withdrawal is not applicable to User Fees corresponding to a supply of service fully executed before the end of the withdrawal period and whose execution has begun after the consumer's prior express agreement and express waiver of his right of withdrawal, in accordance with Article L221-28 of the French Consumer Code.
In case of cancellation of the Transaction, no User Fees will be charged by TRIPARTIE.
7.2 Delivery costs
In case of delivery by parcel, the related costs are borne by the Buyer.
However, an adjustment of the fees related to the shipment of packages may occur in the following case: it may happen that the Haulage contractor notices a difference between the weight or dimensions of the Object of the Transaction declared by the Seller and those actually observed. In this case, if the rate applicable to the delivery falls into a higher rate bracket, corresponding to the actual weight or measurements, Tripartie will charge the Seller an adjustment fee corresponding to the price difference and will inform him by email.
Example: If at the time of the sale the Seller selected a package size between 0 and 2 kg and the Haulage contractor later found that the actual weight was 5 kg, the adjustment of fees will be as follows; the rate applicable to a package size between 0 and 2 kg will be adjusted to the rate applicable to a package size between 5 and 10 kg and the amount of the applicable fees will be adjusted accordingly.
The Buyer shall bear the costs of returning the Object of the Transaction, unless otherwise agreed with the Seller.
7.3 Transactions initiated from Tripartie app & website
In the case of a Transaction initiated from the Tripartie website (accessible at the following address: https://tripartie.com):
- the User Fees are borne by the Buyer in the case of purchases and sales of goods and vehicles;
- the User Fees are borne by the Seller in the case of the provision of services.
The complete price list is available at the following address: https://tripartie.com. TRIPARTIE reserves the right to change the pricing for the Services at any time and without any notice period.
7.4 Transactions initiated from a Partner Platform
TRIPARTIE's Partner Platforms are likely to charge different rates justified by additional services, particularly for matchmaking. If you use Tripartie from a Partner Platform, please consult the applicable rates on the partner's website.
The User Fees will be adjusted according to the rates applied by each Partner Platform.
7.5 Optional additional services
Each User shall bear the costs related to the optional additional services chosen - such as payment in several instalments by credit card - offered by TRIPARTIE or the Partner Platforms through the Solution.
ARTICLE 8 - SPONSORSHIP AND PROMOTIONS
8.1 Sponsorship Code
The User will have the ability to recommend Sponsored Parties by supplying the Sponsorship Code given in his Personal Account, in the “Sponsorship and Promotions” tab.
This Sponsorship Code can be used only for the payment of User Fees.
The Sponsored Party will be invited to field the Sponsorship Code that has been given to him by his Sponsor. Once the creation of the Sponsored Party’s Personal Account is done, he will receive a discount of five (5) euros. As for the Sponsor, he will receive a discount of five (5) euros once the Sponsored Party has achieved his first transaction by using the Services of the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered.
Every Sponsored Party will be invited to field the Sponsorship Code during the creation of his Personal Account.
8.2 Promotion Code
The User may be offered Promotional Codes by TRIPARTIE. The credit of Promotional Code can only be used for the payment of User Fees.
Promotional Codes have a limited lifespan. Their expiration date will be mentioned on the Partners’ communications supports and platforms.
TRIPARTIE reserves the right to cancel any Promotional Code in case of illegal or fraudulent use of the Services at any moment and for any reason.
ARTICLE 9 - BANKING DATA
The User is informed that the Payment Service Provider, as an electronic money institution authorised by the Commission for the Supervision of the Financial Sector (Commission de Surveillance du Secteur Financier), collects his banking data, ensures the management of Ring-fenced funds, of diverse financial flows and of the Electronic Purses necessary for the functioning of the Services.
The User commits itself to keep updated the information related to the payment methods he uses, and his banking details. TRIPARTIE declines all responsibility in case of failure of the payment related to an incorrect, incomplete or false information.
The User is obliged to accept unconditionally the Payment Service Provider’s terms and conditions at the time of creation of his Personal Account.
ARTICLE 10 - REGISTRATION OF A PERSONAL CREDIT CARD
The User using a credit card in his name must beforehand register the data in the Payment Service Provider’s data base via the Mobile Application TRIPARTIE within the framework of a Transaction.
The User accepts that the data related to his credit cards are stored by the Payment Service Provider for the sole use of executing its payment transactions or of recharging its account.
The identity of the owner of the mobile phone number and of the credit card must be identical.
ARTICLE 11 - DURATION, HANGING AND CLOSING OF THE PERSONAL ACCOUNT
The Services are available for an undetermined period starting at the creation by the User of his Personal Account.
The User can close his Personal Account at any moment by addressing an email request at firstname.lastname@example.org, provided that at the time of this request:
- No Transaction is being carried out, and
- The zero balance of his Electronic Purse.
ARTICLE 12 - RESPONSIBILITY
TRIPARTIE’s liability can only be engaged for facts that may be directly attributed to it in the execution of the Services. TRIPARTIE’s liability cannot be engaged for indirect prejudices, not for prejudices resulting from User’s incorrect use of the Service.
TRIPARTIE accepts no liability with regards to the quality, the conformity or the potential damage of the Object of the Transaction. Those elements come under the liability of the Buyer, the Seller and/or his Haulage contractor.
TRIPARTIE cannot be held responsible for the malfunctioning or disruption of the Services, nor for breaches of the IT security that may cause damages to the hardware et to the User’s data.
TRIPARTIE reserves the right to cease the access to the Services for maintenance reasons.
TRIPARTIE’s liability is limited to the refund of the User Fees effectively paid by the User during the Transaction underlying the engagement TRIPARTIE’s responsibility.
ARTICLE 13 - FROBIDDEN TRANSACTIONS
The User must not use the Services for a Transaction which is illegal, which involves an illegal Object of the Transaction, or which has an illegal purpose or aim.
Besides, the services and objects mentioned in the following paragraphs 12.1 (Financial services) and 12.2 (illegal or non-regulated products and services) cannot be the object of a Transaction.
13.1 Financial services
- The investment and credit services, including saving and credit associations, as well as exchange operations,
- The services related to payment, including cheque-cashing and funds transfers, and
- Currency change platforms, including crypto money.
13.2 Illegal or non-regulated products and services
- Narcotics, drugs and regulated products,
- Pyramidal mechanisms,
- Products and services about whose legal provisions vary from one state or country to another,
- Lotteries, card games, online casinos and gambling,
- Unregulated auction platforms
- Tobacco and electronic cigarettes liquid refill,
- Counterfeit products
- Sale of real estate
- Animals, insects and plants,
- Hacked software and DVD,
- Weapons and ammunitions,
- Gold and precious stones,
- Any product or service whose content is reserved for adults, including any pornographic content, support platforms, on-demand viewing, webcam, as well as any violent content,
- Dietary supplements,
- Multi-level marketing systems,
- Transport between individuals
- Video games, competitions and online sports and
- Psychic services.
In general, any product or service that TRIPARTIE would consider including a financial, banking, and/or legal risk. Please note that TRIPARTIE reserves the right to refuse any Transaction, at any time, at its discretion. The conditions listed above are subject to evolve at any time.
By using the Services, the Seller declares being the owner and being able to dispose of the Object of the Transaction.
ARTICLE 14 - PROTECTION OF PERSONAL DATA
To allow the use of the Services by the User, TRIPARTIE will collect the Data of the latter.
As controller in the meaning of Regulation (EU) 2016/679 of April 27th 2016 on data protection (RGPD), TRIPARTIE undertakes to comply with the laws and regulations in force relating to the protection of personal data, in particular the 1978 Computer and Freedom Law, as well as the aforementioned Regulation.
TRIPARTIE undertakes to collect the Data only for the purposes and under the conditions defined in the Data Protection Regulations attached hereto (Annex 1).
ARTICLE 15 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered are strictly reserved under copyright and intellectual property, for the entire term of protection of these rights and for the whole world.
For this reason and in accordance with the provisions of the Code of Intellectual Property, only the use for private use, subject to different or even more restrictive provisions of the Code of Intellectual Property, is allowed. Any reproduction, representation, modification or total or partial adaptation of the Mobile Application, the Web Site and/or any partner platform on which the Services would be offered and/or all or part of the elements that compose them is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Web Site are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
ARTICLE 16 - CONTRACT INTEGRALITY – APPLICABLE LAW – COMPLAINTS
ARTICLE 18 - ANNEX - DATA PROTECTION REGULATIONS
Collection of data
The User expressly consents to its data being collected by TRIPARTIE in the following circumstances:
- The participation in the Sponsorship system;
- The creation of a Customer Area;
- The completion of a Transaction;
- The transfer of funds from the Electronic Money Carrier;
- The procedure for the amicable resolution of disputes.
Use of data
The User expressly and unreservedly agrees that his personal data will be used by TRIPARTIE for the following purposes:
- Making contact with the User;
- User's access to the various features of the Application / Site;
- Adapt the content of the Services - including the content of the Application and/or the Web Site;
- Improvement and realization of the Services;
- Sending of commercial and/or promotional proposals;
- sending satisfaction surveys;
- Realization of statistics.
Communication of personal data
In order to ensure the proper performance of the Services, TRIPARTIE will be required to communicate the Data to the Payment Service Provider and the Anti-fraud Provider, which processes data to secure Transactions made on the Site. To learn more about the management of your data by the Anti-Fraud Provider and your rights, click here.
In exceptional circumstances, TRIPARTIE may communicate the Data to:
- Authorized administrative and judicial authorities, only on judicial requisition;
- For purely technical reasons, to the providers of the site providing the processing as well as hosting the processed data.
Rights of the User
The User has a right of access, rectification, portability, erasure of his personal data or limitation of treatment, which he can exercise at any time via his Personal Space.
The User may also, at any time, object to the processing of his personal data for legitimate reasons.
The User may exercise his rights by sending an email to the following address: email@example.com, by filling in the subject field "Personal data". TRIPARTIE undertakes to process the User's request within a maximum of thirty (30) days from receipt of the email.
With regard to the processing carried out by the Anti-Fraud Service Provider, the User may exercise his/her rights by contacting the Data Protection Officer (DPO):
- By electronic means by writing to firstname.lastname@example.org;
- By post at the following address;
Le délégué à la protection des données
34 avenue de Flandre
TRIPARTIE will keep the Data in a secure environment for the time necessary to achieve the purposes for which they were collected and in compliance with the regulations in force.
The Data is kept for the duration of use of the Services by the User, increased by a period of three (3) years from the closure by the User of his Personal Space, or the termination of the use of the Services, for purposes of animation and prospecting, without prejudice to the conservation obligations or limitation periods.
The User has the option of sending a complaint to the National Commission for Data Processing and Freedoms, by sending a letter to the following address: CNIL - 3 place de Fontenoy - TSA 80715 - 75334 Paris - Cedex 07.
ARTICLE 19 - ANNEX - WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of TRIPARTIE S.A.S., 229, rue Solférino – 59000 Lille, France, email@example.com.
I/we* hereby notify you/us* of my/our* withdrawal from the contract for the provision of the services below:
Ordered / received on *:
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the case of notification of this form on paper):
(*) Delete as appropriate