Terms & Conditions
Reference: 19th of june 2023
WHEREAS:
Tout pour le Toutou offers a pet concierge service and, as such, connects pet owners with professionals in the animal sector and/or experienced individuals without formal training or diplomas in the animal sector for the provision of personalized services or complex sets of services.
Tout pour le Toutou references animal services providers.
The Client owns a pet and has expressed a need that can be met by a service provider from the Tout pour le Toutou network (hereinafter referred to as the "Client").
The Parties have exchanged and agreed to enter into this contract (hereinafter referred to as the "Contract") to define the terms and conditions for the Client's connection with a Service Provider from the Tout pour le Toutou network (hereinafter referred to as the "Provider").
THE PARTIES HAVE THEREFORE AGREED AS FOLLOWS:
1. Object
These terms govern the modalities by which Tout pour le Toutou connects the Client with the Provider for the provision of the service defined in the service request (hereinafter the "Service").
The Client acknowledges and expressly agrees that these terms shall automatically apply to any services ordered by the Client subsequent to the conclusion of these terms.
2. Duration
The Contract is concluded for the duration necessary to perform the Service(s).
3. Description of the connection process
Tout pour le Toutou commits to connection the Client with a Provider from the Tout pour le Toutou network who is able to meet the specific needs of the Client. Tout pour le Toutou carefully selects its Providers based on their skills, experience, and suitability for the Client's needs and the profile of the animal.
However, it is up to the Client to freely choose a service provider to carry out the Service according to the terms and rates communicated by Tout pour le Toutou.
It is recommended for the Client, especially for long- term or recurring services, to meet the Providers before making a choice.
Once the conditions for performing the Service are accepted by the Client, Tout pour le Toutou reserves the Service with the Provider.
Tout pour le Toutou confirms the reservation of the Service to the Client through any written means, including email, SMS, Facebook Messenger, or WhatsApp.
The Service is performed by the Provider who operates as an independent contractor and not as an employee. The Client and Tout pour le Toutou have no authority or control over the Provider, who is not bound to the Parties by any employment contract, subordination relationship, or agency agreement.
Tout Pour Le Toutou is insured by AXA for all providers who provide pet sitting, visiting, or walking services through our concierge service. Tout Pour Le Toutou is insured up to 9 million euros.
Damages are covered beyond the deductible of 500 euros per claim, which must be reported within 24 hours of its occurrence.
Tout pour le Toutou also advances any veterinary expenses that need to be incurred in case of an accident or emergency.
The accident or injury must have been observed during the pet sitting or at the latest upon returning the animal. Subsequent claims will not be considered.
4. Commitments and guarantees of the Parties
4.1 Commitments and guarantees of Tout pour le Toutou
4.1.1 Tout pour le Toutou commits to:
- Recommend service providers whose professional skills or personal experience have been subject to prior verification.
In this regard, Tout pour le Toutou commits to verifying the identity, professional training, and/or experience of the Provider.
- Reserve the Service with the Provider chosen by the Client on their behalf and confirm this reservation to the Client through any written means, notably through written communication;
- Facilitate the connection between the Client and the Provider chosen to carry out the Service;
- Transmit to the Provider all relevant information necessary for the performance of the Service, including instructions provided by the Client.
4.1.2 Tout pour le Toutou fully assumes its commitment in case of difficulties that may arise during the performance of the Services and will intervene for any unresolved disputes between a Client and the Provider, concerning the execution of the Service and, more broadly, any warranties, statements, and other obligations they may have.
4.2 Without prejudice to other obligations under this agreement:
- The Client commits to provide Tout pour le Toutou with all necessary documents, items, data, and information required for the performance of the Service.
- The Client specifically agrees to inform Tout pour le Toutou of all characteristics of the animal receiving the Service, including any specific behaviours of the animal (for example: runaway animal, sick animal, climber animal, destructive animal, whining animal, barking dog, aggressive animal, sociable animal, animal that dislikes children, etc.) and any instructions related to safety, maintenance, and the animal's biological, physiological, sanitary, and behavioural needs.
- The Client expressly authorizes Tout pour le Toutou to transmit to the Providers the information necessary for the proper performance of the Service.
- The Client acknowledges and accepts that failure to comply with this essential condition of providing information may result in the Provider refusing to perform the Service. In which case:
No refund of the amounts paid by the Client under this contract will be made;
The Provider may require the Client to retrieve or arrange for the retrieval of the animal on the same day, at the Client's expense.
- The client commits to provide Tout Pour Le Toutou and the Provider with accurate, up-to-date, and truthful information or data of any nature, without any misleading or deceptive characteristics. The Client agrees to update this information to ensure it always meets the aforementioned criteria;
- The Client agrees to be present at the agreed- upon location, date, and time to allow the Provider to perform the Service;
- The Client agrees not to directly contract with any of the Providers presented (whether selected or not) by Tout pour le Toutou and acknowledges being informed that, due to their agreements with Tout pour le Toutou, the Provider would incur a minimum financial penalty of 1,000 euros in such a situation.
- This commitment not to directly or indirectly hire the Provider is valid for a period of 2 years from the last service or presentation if the application was not selected, and the Client is aware that they would be liable for damages in the event of a breach of this commitment, in addition to the Provider's fine for which they would become jointly liable.
The Client expressly authorizes Tout pour le Toutou to transmit to the Provider the information provided by the Client.
4.3 Obligations common to both Parties
Each Party commits, in the execution of this contract, to comply with applicable laws and regulations and not to infringe upon the rights of third parties or public order.
They agree to provide each other with all necessary documents, items, data, and information for the execution of this contract.
More generally, the Parties commit to actively cooperate with each other for the proper execution of this contract and to inform each other of any difficulties related to its implementation.
5. Cancellation of Reserved Services
The Client agrees not to cancel the reserved service without just cause.
In the event that the Client cancels the reserved service, they will not be entitled to any refund of the amounts paid and will remain liable for any outstanding payments.
6. Resolution of Dispute between the Client and the Service Provider
In the event of a disagreement between the Service Provider and the Client, particularly regarding the quality of the service, the Client agrees to inform Tout pour le Toutou in writing, including by email, within 2 days of the occurrence of the dispute. In doing so, they shall provide details of the dispute.
The Client agrees to make their best efforts to discuss and attempt to find an amicable solution to the dispute.
Tout pour le Toutou reserves the right to intervene and provide any observations it deems useful to facilitate an amicable resolution of the dispute. The Client expressly acknowledges and accepts that these observations are solely intended to assist in resolving the dispute and shall not incur any liability on the part of Tout pour le Toutou, which is not a party to the dispute.
If the Client and the respective Service Provider consider it impossible to reach an amicable resolution to their dispute, it is their responsibility to settle the dispute on their own.
7. Financial Conditions
7.1 The total amount due for the service and the commission of Tout pour le Toutou is specified in the purchase order (hereinafter referred to as the "Price").
7.2 The commission is proportional to the price of the service, with a minimum amount depending on the complexity and urgency of the request.
7.3 Given the collection mandate granted by the Service Provider to Tout pour le Toutou, the Client is required to make payment of the Price to Tout pour le Toutou on the day of booking the service.
7.4 No direct payment can be made to the Service Provider.
7.5 Tout pour le Toutou commits to fully reimbursing the Service Provider the amount due for the service.
7.6 In any case, payment must be made upon receiving the invoice.
7.7 The Client is informed and expressly agrees that any delay in payment of all or part of an amount due to Tout pour le Toutou on its due date, for example, in the event of failed payment, will automatically result, from the first presentation of a formal notice by registered letter with acknowledgment of receipt:
(i) The acceleration of all amounts due by the Client and their immediate enforceability;
(ii) The immediate suspension of ongoing services until full payment of all amounts due by the Client;
(iii) The invoicing of delayed payment interest to Tout pour le Toutou at the legal interest rate, based on the total amount due by the Client, and a lump-sum indemnity of 40 (forty) euros per invoice for recovery costs, without prejudice to additional compensation if the actual recovery costs incurred exceed this amount.
8. Payment Méthods
The Client is expressly informed and agrees that transactions carried out in the execution of the Contract must be processed by check or bank transfer, with the understanding that all transactions carried out through another channel such as PayPal must be increased by 5%.
9. Resolution for breach
In the event of a breach by the Client of any of their obligations under the Contract, the Contract shall be automatically terminated 15 (fifteen) days after receipt of a formal notice, which remained ineffective, by registered letter with acknowledgment of receipt, indicating the intention to enforce this clause, without prejudice to any damages that may be claimed from the defaulting party.
10. Resolution in case of emergencies
The owner must provide a contact telephone number where they can be reached in case of emergency for each service.
If this is not possible (due to travel, network coverage...), they must provide the contact details of a responsible person capable of making decisions on their behalf.
In case of an emergency (accident, health problem...), Tout pour le Toutou or the service provider will contact the owner or their representative by phone, SMS, or email. In case of no response, the owner authorizes Tout pour le Toutou to take any necessary measures and to accept or reject the veterinarian's recommendations. The client agrees not to criticize or question Tout pour le Toutou's decision as long as they were not reachable.
The client agrees to bear or reimburse all related expenses (veterinary, hospitalization, medication, transportation...).
The owner is responsible for retrieving their animal at the end of the service. If the animal is not retrieved, Tout pour le Toutou will take all necessary measures to ensure the care of the animal at the expense of the client for a period of 10 days. Beyond this period, the animal will be entrusted to a specialized organization (shelter, animal welfare organization...).
The client is reminded that abandoning an animal is considered an act of cruelty punishable by 2 years of imprisonment and a fine of 30,000 euros.
11. “Force majeure”
Neither Party shall be held responsible for temporary difficulties or impossibilities in the execution of the Contract that arise due to “force majeure”.
In the event of a “force majeure” event that prevents the performance of their obligations by either Party and continues for a period of one month or more, the Contract may be terminated by either Party by registered letter with acknowledgment of receipt, without either Party being required to pay any compensation to the other.
12. Commercial Reference
The Client expressly authorizes Tout pour le Toutou to reproduce their testimonial regarding the services of Tout pour le Toutou.
As a result, the Client expressly consents to Tout pour le Toutou reproducing, disseminating, and making public their testimonial, as well as their image (animal) and pseudonym, on its website or social media platforms.
This authorization is granted free of charge, exclusively for the communication and/or promotion of Tout pour le Toutou and/or its services.
13. Express Waiver of Right of Withdrawal
The Client is informed that there is a right of withdrawal that generally applies to distance service contracts concluded between a professional and a consumer. This right must be exercised within 14 (fourteen) days from the conclusion of the contract.
However, if the Service is fully performed before the end of the aforementioned withdrawal period, the Client expressly waives their right of withdrawal, which cannot be exercised in accordance with Article L.221- 28 of the French Consumer Code.
14. Miscellaneous Provisions
14.1 Relationship between the Parties
It is expressly agreed that neither Party may claim the provisions of the Contract to assert, in any way, the status of agent, representative, or employee of the other Party, nor to bind the other Party to third parties beyond the provisions of this Contract.
Under this Contract, no particular legal structure is formed between the Parties, with each Party maintaining its full autonomy, responsibilities, and client base.
14.2 Residence and Notifications
For the execution of the Contract, each Party chooses their domicile at the address stated on the first page of the Contract. They agree to inform each other of any change of address by registered letter with acknowledgment of receipt. In the absence of such notification, any correspondence sent to the address indicated at the top of this Contract will be considered as having been validly received.
It is specified that unless otherwise stated in this Contract:
- Notifications with a notice period and formal notices must be sent by registered letter with acknowledgment of receipt or any other form of mail delivered against signature, with postage paid, to the address at which the domicile is elected according to the above provisions.
- Deadlines and effects provided herein begin on the date of the first presentation of said notification or formal notice.
14.3 Autonomy of the Contract, Severability, and Amendment
The Contract replaces and cancels any prior oral or written agreement related to its subject matter. It is expressly understood between the Parties that since the Contract has been freely negotiated between them, any other document usually used by either Party, including any general terms and conditions of use, sale, or purchase, shall not apply within the scope of this Contract.
The nullity or inapplicability of any provision of the Contract shall not affect the validity of the other provisions, which shall retain their force and effect.
The Parties shall then work together in good faith to make the necessary amendments so that each of them is in a comparable economic situation to that which would have resulted from the application of the nullified clause.
Except where the Contract provides that it may be modified by any useful written means, with such means then understood as indicated below, any modification or amendment to the Contract must be made by a written agreement signed by both Parties.
14.4 Written Means
Any reference to a written means within the scope of this document shall be understood, unless expressly stated otherwise, as referring to any useful written means, including email. Similarly, any reference to a written agreement shall be understood, unless expressly stated otherwise, as referring to an agreement concluded by any useful written means, including email exchanges.
14.5 Dates and Deadlines
The dates and deadlines indicated in the Contract are fixed, and the deadlines are expressed in calendar days. When these dates and deadlines fall on a Sunday or a public holiday in France, they are not extended to the following working day.
14.6 Non-waiver
The absence or waiver by a Party to exercise or assert any right granted to it by the Contract shall in no way be deemed as a waiver of that right for the future. Such waiver shall only have effect with respect to the specific event concerned.
14.7 Applicable Law and Jurisdiction
The Contract is subject to French law and shall be governed and interpreted in accordance with such law.
In the event of a dispute between the Parties regarding the validity, interpretation, or execution of the Contract, the Parties shall endeavor to settle their dispute amicably. If no amicable agreement is reached within 2 (two) months following the first notification sent by one Party to the other regarding the dispute, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris.