General Terms and Conditions of Use and Sale

See former versions

 

Preamble

The services offered on the website “www.cbien.com” and on the CBien and Valoo mobile applications are offered by the company CBien SAS with a share capital of 210,642 euro whose registered office is located at the following address: rue des vignobles - 78400 Chatou, FRANCE

 

Preliminary information

Furthermore, the User’s attention is drawn to the fact that it is its responsibility to verify in its insurance contract(s) and/or with its insurance company/companies, the special provisions of its insurance policy in relation to the special conditions for compensation for their property. 

The User is also informed that the electronic archiving of its documents is not a substitute for saving the original document in its original form, which has a greater probative value to document copies, and the production of which will sometimes be necessary. Consequently, the User acknowledges that the archiving service provided by the Company is not intended to allow it to destroy its paper documentation.

 

 

Definitions

In these General Terms and Conditions of Sale and Use (hereinafter “T&Cs"), the words or phrases beginning with a capital letter have the following meanings:

  • Subscription: refers to these T&Cs, the online registration form and its special conditions and any amendments thereto, to the exclusion of any other document, which the User accepts and that allow it to benefit from all or part of the Services. The Company offers several Subscriptions on its Website that, as the case may be, are free or paid for, for a fixed or indefinite period; 
  • Services: refers to all the services and/or offers available on the Website as described in Article 4 below and provided by the Company.
  • Company: refers to the company CBIEN described in the preamble, the service provider responsible for the marketing of the Services available on the Website;
  • Website: refers to the platform that enables access to the Services offered by the Company. The Website is accessible either (i) from a computer or a mobile electronic device at the following address: http://cbien.com, or (ii) from a mobile electronic device upon which the User has previously installed one of the mobile applications developed by the Company, including CBien or Valoo. The Website is available in French;
  • User: refers to any person that has the legal capacity to enter into a contract within the meaning of the French legislation and that registers on the Website and subscribes to a Subscription.

 

 

ARTICLE 1. OBJECT

The object of these T&Cs is to describe not only the Services and Subscriptions offered by the Company on the Website but also to define the rights and obligations of the Company and the Website Users in relation to the subscribed Subscriptions. 

These T&Cs, which can be revised at any time by the Company, apply to all Subscriptions and Services offered by the Company on the Website, with the existing additional notices on any other document or prospectus as appropriate, having a referential purpose only.

 

 

ARTICLE 2. SCOPE OF APPLICATION

The services offered on the Website by the Company are reserved for the User that subscribes to a Subscription having previously read these T&Cs in their entirety and having accepted them without reservation.

Any Subscription implies full and unconditional acceptance by the User of these T&Cs, which can be saved and printed by any person visiting the Website.

 

ARTICLE 3. TERMS OF USE

3.1 The User is personally responsible for the establishment of the technological and telecommunication means that enable access to the Website.

3.2- The Services and Subscriptions offered by the Company on the Website are exclusively reserved for Users that have the legal capacity to subscribe to a Subscription.

3.3- Pursuant to Article L. 111-1 of the Consumer Code, Users are invited to browse the Website in order to discover the Services and Subscriptions marketed online by the Company and thus know their characteristics and essential conditions prior to placing an order.

 

 

ARTICLE 4. DESCRIPTION OF SERVICES

The Company offers Users that hold property assets a set of services for the management of their personal goods and for saving related documentation (invoices, insurance and warranty contracts, photographs, manuals, certificates of value, etc.).

The Services offered by the Company in the various Subscription forms available on the Website must wholly or in part allow any User that has previously saved one or more of its personal goods, to  

  • Classify its property assets and value its goods;
  • Compare the value of its assets to the insured value;
  • Be notified prior to the expiry of a warranty or an insurance contract;
  • Store documents (bills, contracts, instruction manuals, photographs, etc.);
  • Utiliser et transférer, notamment par courrier électronique ou en format PDF, les données enregistrées relatives à un ou plusieurs produits ;
  • Have access to an inventory in the event of a disaster.
  • Manage its goods (sell, insures, share, exchange, rent, recycle, donate, etc.) through the service referral relationships with other companies offering these services.

The Company may offer its Users additional services and accessories, the details and prices of which will be detailed on the Website.

 

 

ARTICLE 5. ACCESS AND SUBSCRIPTIONS

5.1. Access to the Website

To access the Services offered on the Website, any User must first create an account under the conditions set out in paragraph 5.3 below, to which reference should be made. 

Access to the Website is permanently subject to periods of maintenance and repair, updating operations of servers and possible exceptional interruptions, particularly in the event of a technical failure that affects access to or the operation of the Website through no fault of the Company including, without limitation, interruption of telecommunication systems, interruption of the Internet or interruption of the services of its IT service providers, for any reason whatsoever. 

The Company undertakes to implement all means at its disposal to inform the User as soon as possible of any interruption to services and to restore access to the Website as soon as possible.

The occurrence of the events listed above shall have no effect on the continuation of the Subscription and shall not give rise to claims by the User. The Company may not  be held liable for any impairment or interruptions resulting from operations effected by the User as part of its connection to the Website or for any interruption resulting from a cause that is external to the Company.

 

5.2. Necessary equipment

To use the Website, Users must have computer or electronic equipment that can connect to the Internet and an Internet connection.

It is recommended that Users, before subscribing to any Subscription, check the accessibility of the Website and the compatibility of the Services with their hardware. To do this, Users should consult the technical information available in the sections "FAQ" or "Help" accessible from the homepage of the Website.

The Company accepts no responsibility in the event of the User's hardware being non-operational or of its incompatibility with the Website or the Services.

 

5.3. Subscribing to a Subscription

To use the Services, a User must first subscribe to a subscription. As such, the User must create an account by filling the mandatory fields indicated on the screen. 

The User is then requested to choose a username and password. These elements are confidential. The User undertakes to keep the username and password granting access to its account confidential. The User undertakes to regularly change its password and to observe all security recommendations that the Company may make to it in relation to the choice of password.

The Company has no knowledge of the passwords chosen by Users. At the express request of the User, a reset of the password is possible.

Each User undertakes to provide accurate information upon subscribing to a Subscription and to notify the Company of any changes therein. 

The User may at any time correct any errors in the entered data.

The act of subscribing to a Subscription by the User constitutes acceptance of these T&Cs, fully and without reservation.

The user acknowledges that the data saved on the Website constitutes proof of the transaction (type of package subscribed to and date), and the data saved by the payment system described above constitutes proof of the financial transaction.

The User acknowledges having been informed that the elements relating to its Subscription are available online on the Website under the heading "My Account" and are archived on digital media. They can thus be communicated to it via digital media by the Company by sending an email request to the following email address: contact@cbien.com, stating "My contract" in the email subject line.

The Company reserves the right to suspend or reject any Subscription or User order with which it is in dispute in any capacity whatsoever, without the latter having any claim to compensation. 

The acceptance of cookies is essential for using the Services of the Website.

The User shall be solely responsible for the consequences of using its account through to its deactivation, unless the User can demonstrate that the use of its credentials or account is the result of fraud that is attributable to a third party.

Any login or data transmission performed using the Website shall be deemed to be made by the User and under its sole responsibility unless the User can demonstrate that the use of its credentials or account is the result of fraud that is attributable to a third party.

 

 

ARTICLE 6. TERMS AND CONDITIONS OF USE OF SERVICES

6.1 Subscription

The Services may be used only by Users that have subscribed to a Subscription online, and only for its duration as intended in Article 6.3 below.

The Subscriptions can be free or paid, as appropriate.

The Subscriptions take effect on the day of their online subscription on the Website subject to the payment of their price by the User in the case of a paid Subscription.

When a subscription is permanently terminated, the Services become inaccessible, except for those that the User subscribes to with a new subscription, and the data can be destroyed by the Company, with the User having to retrieve the data saved in their account in accordance with the conditions detailed in Article 6.6 below.

 

6.2 Change of Subscription

6.2.1 - A User that is up to date with its payments can change its current Subscription in order to subscribe to a Subscription package that is superior to the one in effect. 

At the time of the order, a fraction of the previous Subscription calculated pro rata temporis based on the remaining period from the date of the order shall be deducted from the price of the new Subscription purchased by the User.

The new Subscription package is activated upon payment of the price due by the User.

 

6.2.2 - Should a User decide to subscribe to a free package upon conclusion of a paid Subscription package, it shall keep its account as well as all documents and information in its account at the end of its paid Subscription package under the following conditions.

By default, all paid Subscriptions that have been the subject of a discount coupon are transferred to a free Subscription upon conclusion of their 1st term.

Only the Services that correspond to the free Subscription package are accessible.

Should the maximum number of personal goods that can be saved free of charge by the User be reached (the number is indicated in the subscription plan), it cannot save or manage any additional goods in its account.

The goods last saved that exceed the maximum number offered in the free Subscription are automatically disabled but remain accessible without it being possible to effect any action thereupon.

The disabled goods may become active again should the User decide to subscribe to a suitable Subscription package and pay the Subscription fee.

 

6.3 Duration, renewal and termination

6.3.1 Any subscription is taken out for the duration specified in the selected package, which can be fixed or indefinite.

The chosen Subscription package shall detail the particular conditions of termination. 

6.3.2- Free Subscriptions can be for a fixed or indefinite term, as appropriate.

The free or paid Subscriptions with a fixed term are automatically renewable for identical periods.

The renewal of any Subscription can be stopped by the User with a notice period of one month prior to the expiry of the current period by the User by writing to the following address: contact@cbien.com, stating "No renewal" in the email subject line.

6.3.3- Subscriptions can be cancelled by the User with a notice period of one month prior to their expiry or the effective date of termination in the case of a Subscription with an indefinite term. The termination is sent by email to the following address: contact@cbien.com, stating "Termination" in the email subject line.

A termination by the User causes the deletion of the User's account under the conditions defined in Article 6.6 below.

Should the User not have complied with the above notice period for a fixed-term Subscription, the termination shall take effect upon the next term of the Subscription. 

The User may not demand from the Company any compensation or reimbursement for the remaining Subscription period, with the Company otherwise retaining, upon default of payment of the price of the Subscription by the User, the right to terminate the Subscription as provided in Article 6.4 below.

Should the special conditions of the Subscription package subscribed to provide for it, the Company may charge the User for the costs of removing access to the Services for any reason other than a fault of the Company.

The non-renewal or termination of a Subscription by the User causes the deletion of the account by the Company under the conditions defined in Article 6.6 below.

 

6.4. Other cases of termination

The Company reserves the right to terminate, without notice or compensation, the User's Subscription in the following cases:

- Non-compliance with the T&Cs,

- Non-compliance with the special conditions applicable to the Subscription that has been subscribed to,

- Misuse or failure to comply with the regulations applicable to the Services provided by the Company.

Termination by the Company causes the deletion of the User account under the conditions defined in Article 6.6 below.

The Company may charge the User a fee for removing access to the Services.

  

6.5. Interruption or change in service

The Company may make changes to its services related to technical developments without the User objecting to such.

The User is informed that the changes may cause a momentary interruption to the Services and/or the Website. 

The User acknowledges that technical developments that might improve the quality of service may be required. The User may either comply with the requirements of the Company in relation to these developments, which may specifically result in a request by the Company to the User to make changes or updates to its equipment that are necessary for using the Website, or terminate the Subscription under the conditions of Article 6.3 above.

Furthermore, the Company reserves the right to change the conditions of the Subscriptions including terminating a Services or Services offered by it on the Website, with a notice period of two months to inform the affected Users.

The recovery of the User’s documents for the deleted Service(s) shall be performed as detailed in Article 6.6 below. 

 

6.6. Deletion of account

A User that does not or no longer uses a Subscription with the Company may, if desired, delete its account by not renewing its Subscription or by terminating it. It must notify the Company of its request at the following address: contact@cbien.com, indicating, as appropriate, "No renewal" or "Termination" in the email subject line while complying with the notice period required under the conditions of Article 6.3 above.

The Company undertakes to disable and delete the account within a maximum period of 10 days from the effective date of termination of the Subscription. The Company shall send the User an email confirming the deletion of its account.

Documents that, as appropriate, have been stored on digital media by the User on its account may be recovered by the User, who can download them from its personal account during the current notice period. 

Upon conclusion of the normal or anticipated Subscription term, all archived documents from the Website shall be irretrievably destroyed by the Company.

  

ARTICLE 7. PRICING AND PAYMENT CONDITIONS

 

7.1 Price of paid Subscriptions

The price of each Subscription package is the rate detailed on the packages page on the Website such as that paid by the User on the day of its subscription or, as appropriate, of the renewal of the Subscription.

The Company may revise its rates at any time. In the case of an increase in its Subscription rate, the User shall be informed of such at least two (2) months prior to the entry into force of said rate.

Consequently, it is the User’s responsibility to regularly check the "My Account" section in order to inspect all new messages and information in relation to itself or the Website and the Services, and especially the new applicable rates, and the User undertakes to do so. 

In the case of a rejection of the increase by the User, it may terminate its Subscription in accordance with the conditions of Article 6.3.3. of the T&Cs. 

The listed prices include the VAT applicable on the date of subscribing to a paid Subscription, or its renewal as appropriate. Any change in the applicable VAT rate shall be automatically reflected in the price.

 

 

7.2. Payment terms

Settlement of the Subscription price is due in full upon subscription or upon its renewal in accordance with the following terms:

  • Either with a bank card, using STRIPE, on a secure payment server that has an encryption process that has SSL (Secure Socket Layer) integrated into it.
  • Or with a payment through the iTunes account of the User in the case of the CBien or Valoo mobile applications downloaded from the Apple Appstore.

Users expressly agree that the banking service provider of the Company CBIEN retains their banking data securely to eliminate any requirement for such data to be newly entered for any subsequent order. These banking details shall not in any case be retained by the Company CBIEN. Should a User want to change its banking details, it can accessed them in the "My Account” section. In all cases, these shall remain entered here until the expiry date of the banking card.

Transactions and information related to the user are always confirmed. It is advisable to print and to save the confirmation form. This form contains, amongst other information, the contact details of the persons to contact in the event of a problem.

Whatever the type of package subscribed to, only the User is solely responsible for the payment of its Subscription. 

The Company is not liable for payment problems related to a malfunction of the online payment service.

 

7.3. Sanctions in cases of non-payment

 

The absence of a settlement of a Subscription or of any of the Company's invoices shall lead to the suspension of the User’s Subscription for a period of three (3) months during which it will be invited by an email sent to it by the Company, to regularise its situation.

After this deadline, a defaulting User that has not responded to the emails from the Company shall have its account deleted by the Company without delay or additional notice and at the User's expense.

The recovery of the User’s documents shall be performed as detailed in Article 6.6 above.

  

ARTICLE 9 - RIGHT OF WITHDRAWAL

If the User is an individual and, under the Consumer Code, if it qualifies as a consumer, the User shall then be entitled to a period of seven clear days from the date of subscribing to a Subscription within which to exercise its right of withdrawal by email to the following address: contact@cbien.com, stating "Withdrawal" in the email subject line.

The request may also be sent by registered mail with return receipt to:

CBIEN Company

Withdrawal

40, rue des vignobles - 78400 Chatou, FRANCE 

In all cases, the User must detail its full name and the email address entered at the time of registration on the Website.

However, should the User use the Services offered on the Website prior to the expiry of the aforementioned period, it shall no longer be entitled to exercise the right of withdrawal that it previously had an entitlement to, as per the provisions of Article L.121-20-2 of the Consumer Code.

In the case of withdrawal, the User shall be refunded the amounts it has already paid at the latest within thirty (30) days from the date of receipt by the Company of the withdrawal request, in accordance with Article L.121-20-1 of the Consumer Code.

 

ARTICLE 10. PROTECTION OF PERSONAL DATA

 

10.1. Data processing:

The Company shall ensure the confidentiality of the User's personal data.

Personal data collected on the User by the Company are intended for managing the User's Subscription, access to its account and the documents it has stored on the Website. 

They are subject to automated processing.

Any optional information is intended for knowing the User better and thus for improving the services offered to it.

The Company certifies that its files and automatic processing of personal data have been the object of a declaration to the CNIL, in accordance with the current Data Protection Act (“Loi Informatique et Libertés”) of 6 January 1978, under the number 1735792.

The Company may send the User via email, or make available online on the Website, marketing information about its partners and that enables the User to better understand the services that they offer. 

Depending on the choices made by the user when creating or modifying its account, the Company reserves the right, as appropriate and in following the directions on the form filled in by the User, to exploit and communicate that information to commercial partners.

In all cases, the Company reserves the right to use anonymous data for statistical purposes.

The Company processes information about its Users with the utmost confidentiality in accordance with the current Data Protection Act of 6 January 1978.

The User's personal data as well as information relating to its Subscriptions are subject to electronic archiving by the Company for a period not exceeding the conditions set out in Article 6.6 above.

 

 

10.2. Use of cookies

Upon accessing the Website, cookies are installed on the User’s computer or mobile electronic devices.

The cookies must be kept for the period during which the User's account is open.

Should these cookies be deleted by the User, it shall no longer have access to the Services given that these cookies allow a set of services and content to be customised based on the User's profile.

 

10.3. Rights of access, rectification and opposition

The User has free online access to any information relating to it, the "My Account" section and the option of modifying and/or exporting its data from the Website itself.

Under the Data Protection Act of 6 January 1978 as amended, the User has at any time a right of access to information concerning it, the right to have this information corrected or completed should it be inaccurate or incomplete, a right to oppose its transfer to third parties, a right to object free of charge to it being used to send the User commercial solicitations and, more generally, the right to object to any form of processing as defined by the said Act.

For this, the User must make a written request stating its full name and the email address provided at the time of registration on the Website, and attaching a copy of its proof of identification, addressed to:

CBIEN Company

Customer Service

40, rue des vignobles - 78400 Chatou, FRANCE

 

10.4 Protection of personal data:

The Company relies on service providers with infrastructure installed in highly secure Data Centres located in Europe, which provide all the guarantees in relation to security and the preservation of data integrity. The User’s data and information are stored on servers that are protected by hardware and software security systems and encrypted transmissions. For more information, you can consult the website of our service provider at the following address: https://www.heroku.com/policy/security

  

ARTICLE 11. INTELLECTUAL PROPERTY

 The Company is and shall remain the owner of the intellectual property rights attached:

- To the Website and all of its constituent elements such as, and without this list being exhaustive, information, databases, software and graphics,

- Any distinctive mark filed or recorded by the Company under trademark or protected under any legislation relating to intellectual property matters.

A Subscription does not entail any transfer of ownership on the part of the Company to the User and, in particular, does not include any authorisation to represent, reproduce, modify or make commercial use of the different elements of the Website. 

Any deterioration and, in the absence of authorisation, any representation, reproduction, modification, commercial use, in whole or in part, of the different elements of the Website is prohibited and exposes its (or their) author(s) to prosecution.

 

 

ARTICLE 13. LIABILITIES

13.1 – Responsibilities of the User

The User is solely responsible for its use of the Services as part of its Subscription.

The User is solely responsible for all documents, information, data and content that it creates, stores, downloads or transmits on its account within the context of its Subscription.

The Company provides no verification of the data, documents and information created, stored, downloaded and/or transferred by the User on its account. The Company therefore accepts no liability as to their origin, truthfulness, completeness and, more generally, to any use of them undertaken by the User.

Moreover, the User is responsible for verifying that the documents, information, data and content created, stored, downloaded or transmitted on its account, within the context of its Subscription:

  • Do not constitute a violation of intellectual property rights;
  • Do not contain computer viruses;
  • Do not take an apologist stance on crime, or encourage any criminal activity;
  • Are not paedophile, pornographic, obscene, racist, defamatory or revisionist by their nature;
  • Are not comprised of health data;
  • Are not generally contrary to the principles of morality and public order.

The Company does not monitor the documents, information, data and content created, stored, downloaded or transmitted by the User on its account, and within the context of its Subscription. 

In the event of a breach by the User of the obligations stipulated above, the Company reserves the right to proceed as it so pleases with the suspension or immediate destruction of the offending User’s account and, as appropriate, the documents, information, data and content that has been created, stored, downloaded and/or transferred on its account, within the context of its Subscription, without the offending User being entitled to a refund of its Subscription or any compensation under this measure.

In the case of shared documents, information, data and content, the User is solely responsible for its decision to share one of its documents or information with another user, or to grant access to such to third parties.

 

 

13.2 - Company liability

The Company undertakes to implement all reasonable means necessary to provide the Services to the User.

As such, the liability of the Company is limited to the undertakings made pursuant to these T&Cs and it shall not be held responsible in the case of, in particular:

  • Damages due to total or partial failure to fulfil its obligations by the User;
  • Direct or indirect damages suffered by the User arising out of the use it has made of the Services offered on the Website;
  • Force majeure or events beyond its control.

THE COMPANY SHALL NOT BE LIABLE FOR POSSIBLE DETERIORATIONS OR MALFUNCTIONS OF THE USER’S COMPUTER SYSTEM INDUCED BY THE USE OR MISUSE OF THE SERVICES OR THE WEBSITE, INCLUDING ANY POSSIBLE LOSS OF THE USER’S DATA, ANY LOSS OR MODIFICATION OF INFORMATION OF A PERSONAL AND CONFIDENTIAL NATURE, AND THEIR DISCLOSURE TO THIRD PARTIES.

Use of the Website and its service requires a connection and a web browser. The User accepts the limitations related to the Internet, including:

  • That the Website’s response speed may be affected by poor bandwidth;
  • That the confidentiality of data circulating on the Internet cannot be completely ensured and that these data can in particular be diverted
  • That the services offered on the Website are implementing complex IT functionalities and that it is not possible to test all usage possibilities.

The User therefore agrees to bear the risks of imperfection or the temporary unavailability of the Website or the Services.

The hypertext links on the Website may redirect to other websites or to other information managed by partner websites. To the extent that the Company may not exercise any controls over such websites, liability cannot be assumed for the content of such other websites.

 

ARTICLE 14. ASSIGNMENT

The Subscription is taken out by the User on a strictly personal basis and may not be assigned under any circumstances by the User, except with the express agreement of the Company. 

The assignment of the Subscriptions by the Company is free, provided that such an assignment is necessitated by the assignment of the Website.

The Subscription binds the parties, their legal successors and authorised assignees hereto.

 

 

ARTICLE 15. COOPERATION WITH PUBLIC AUTHORITIES

The Company shall cooperate, in accordance with the law, with the authorities that may conduct checks in relation to the content and/or services accessible via the Internet or telephony network, or to illegal activities by any Internet or telephone user.

The Company shall not be held liable in the case of communication of elements in its possession upon any request made, by legal requisition, by the judicial, police or administrative authorities.

 

 

ARTICLE 16. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These General Terms and Conditions of Sale are governed by French law.

The language of this contract is French.

In the event of a dispute, the French courts shall have sole jurisdiction.