Previous terms and conditions (21/12/2017)
In effect as of 22 February 2018
The services available on Valoo’s online platform "www.valoo.com" and its mobile application are offered by CBien SAS (simplified joint-stock company) with a capital of 269 960 euros. The company’s registered office is situated at the following address: 4 rue du General Lanrezac 75017 Paris, France (hereinafter known as "the Company").
Website : https://www.valoo.com
Email address: email@example.com
Company registration number: 799392980
VAT Identification number: FR34799392980
ORIAS (intermediary) registration number: 15003679
CBien has taken out an Intermediary insurance policy, under RCP7105, and a financial guarantee, under GFI71075, with the CGPA.
The User’s attention is drawn to the fact that it is their responsibility to verify in their insurance contract (s) and/or with their insurance company (ies), the specific stipulations of their insurance policy relating to the specific conditions of compensation for their property.
The User is also informed that the electronic storing of their documents is not a substitute for the preservation of original documents in their original form, which has a greater evidential value than the copied documents and which may need to be produced for insurance purposes. Consequently, the User acknowledges that original documents are not intended to be destroyed due to the use of the archiving service provided by the Company.
The current terms and conditions are concluded between the Company and any non-commercial person (hereinafter referred to as "the User") wishing to subscribe to any options or offers in order to use the online platform and its mobile application.
By using the online platform, the User accepts these Terms and Conditions as well as any further specified or special legal conditions.
In these General Conditions of Use and of Sale (hereinafter the "T&Cs"), the words or expressions beginning with a capital letter will have the following meaning:
Special conditions: means the conditions governing certain Offers and Services. In the event of contradiction, the Special Conditions take precedence over the conditions described in these T&Cs;
Insurance offers: refers to the insurance offers offered by the Company (CBien) as a broker and governed by Special Conditions.
Estimations/appraisals: means the appraisal service of personal property as described in article 4.3 and governed by the Special Conditions.
Valoo Trial Offer: refers to the services described in section 4.1.1.
Valoo Premium Offer: refers to the services described in section 4.1.2.
Online Platform: refers to the online platform allowing access to the Services offered by the Company. The Platform is accessible either (i) from a computer or a mobile electronic device at the following address: https://www.valoo.com, or (ii) from a mobile electronic device on which the User has previously installed the Valoo mobile application developed by the Company. The Platform is available in French, English and German;
Services: refers to all offers and subscriptions available on the online platform as described in sections 4 and 6;
User: refers to all physical, non commercial persons having the legal capacity to enter into an agreement and/or contract and is registered on the Platform and subscribing to an Offer.
ARTICLE 1. BELONGINGS
The purpose of these T&Cs is to not only describe the Services and Offers provided on the Platform, but also to define the respective rights and obligations of the Company and the Users of the Platform as part of their Subscription, in addition to the understanding and implementation of the Special Legal Terms and Conditions.
The Company reserves the right to modify the General Conditions of Use and Sale at any time. The new T&Cs will then be applicable for all Users as soon as they are posted online except for the specific conditions of the current Premium Offers and Services that apply until the expiry of the Subscription.
Users of the Free Offers and Services have the option of deleting their account at any time under the conditions described in Article 6.3.
ARTICLE 2. APPLICATION
The Services offered on the Platform are reserved for Users who have subscribed to an Offer having first read and fully accepted all Terms and Special Conditions where applicable.
ARTICLE 3. RULES OF USE
3.1 Access to the platform
The User is personally responsible for setting up the technical IT and telecommunication equipment to acquire access to the Platform, as described in Article 5.
3.2 Services and Offer Subscriptions
The Services and Offers provided on the Platform are exclusively reserved for Users with the legal ability to subscribe.
ARTICLE 4. DESCRIPTION OF OFFERS
4.1 Trial Offer & Valoo Premium Subscriptions
The Company offers Users with personal property, a selection of management services and the conservation of documents (invoices, insurance and warranty contracts, photographs, other valuable documentation etc.).
The services offered by the Company through its Trial Offers and Premium Subscriptions must, in whole or in part, permit the User who has previously registered one or more of their personal belongings to:
Organise and price their personal property;
Compare the value of their property and appraise it;
Be notified before the expiration date of warranty or insurance contracts;
Store documents (bills, invoices, contracts photographs etc…);
Use and transfer stored data related to one or more items via email or PDF format;
Be able to acquire an inventory in the case of making a legal claim;
Manage their belongings (resale, insure, share, exchange, rent, recycle or donate…) through the services offered by Valoo, their partners and intermediaries.
4.1.1 Trial Offer Subscription Conditions:
The Trial Offer is a complimentary service that only expires when the User upgrades or cancels their subscription.
Included in the Trial Offer:
- Unlimited storage of personal property via several means of referencing (manually, barcodes, search engine, photo recognition…)
- one property and two vehicles;
- 200 documents;
- Acquisition of instruction manuals
- Notification of price limitations and warranty expirations;
- Resale/Loan/Exchange services;
- The option of subscribing to on-demand insurance and to enable/disable insurance cover on belongings stored. This is an optional and paid service subscription;
- An expert photo appraisal offer. This is an optional paid service subscription;
- The export of 4 inventories per year (for relocation, claims, personal will...)
- A statistics consultation service
4.2 Insurance Offer
CBien is an insurance broker. In this capacity, the Company offers its Users:
This offer is managed by the components of the Terms and Conditions.
4.3 Evaluation Subscription
ARTICLE 5. ACCESS TO THE ONLINE PLATFORM
5.1. Conditions of accessing the Platform
To acquire to the Services provided on the platform, all Users must create an account under the conditions mentioned in section 5.3.
Access to the platform is ensured except when under maintenance or when in upgrade-mode when servers may exceptionally interrupt the service which would affect how to platform functions. In addition, further technical breakdowns such as internet disruption or service provider issues are out of the Company’s control.
The Company shall do everything in its power to ensure the User is informed of any disruptions to their service(s) as soon as possible and to re-establish access to the Platform as soon as reasonably possible.
The possible occurrence of events listed above, as well as the possible acts of nature may not be used in the persument of prosecution and no compensation may be given to the User.
Furthermore, the Company can not be held responsible for interruptions resulting in activities made by the User when connected to the Platform.
5.2. Mandatory Material
Access to the Service via the mobile application requires the User to have already downloaded the Valoo mobile application for which the services and conditions are indicated and outlined during the downloading of the app in online stores such as the App Store or Google Play.
The Valoo mobile application must be considered as digital material content for which further information can be found in the general terms and conditions.
New versions of the application are regularly available in online stores such as the App Store or Google Play. By downloading these updates, the User accepts the resulting modifications to the application and the services.
To use the Platform, Users must possess the correct electronic and technical material to be able to successfully connect to the internet.
It is recommended before subscribing to the service, that Users check the compatibility and ability to access the Platform and its Services with their electronic and digital devices. For this, Users are invited to consult the technical information available in the ‘FAQs’ or ‘Help’ sections of the Platform’s main page.
The Company declines all responsibility in the case of the User’s personal material not being compatible with the Platform or Services.
5.3. Account - Service Subscription
To be able to access the Services, the User must have already subscribed to the Trial Offer or the Premium Subscription. The User may then proceed to creating an account by completing the necessary fields.
All subscriptions made on the Valoo Platform follow different steps: each step must be completed by the pressing ‘click’ icon to confirm proceeding to the next step.
The procedure follows a logical and transparent layout that the User can observe due to the graphic design interface.
Once the User clicks on a marked icon which has been presented coherently for all users to understand, the User is then agreeing to go ahead with the statement that has been ‘clicked’ such as icons marked ‘Confirm’ or ‘Pay now’ for example.
To subscribe, the User must enter a username and password for the account to be created. These elements remain confidential. The User must not disclose this information. The User must regularly change their password and be aware of security recommendations that the Company may make with regards to the choice of password used.
The Company does have not knowledge of passwords chosen by its Users. Upon the Users request, passwords can be reset.
Each User agrees to providing the correct and necessary information when subscribing to a service or insurance policy.
When subscribing, Users must fully agree to the T&Cs without reservation.
The User understands that the data stored on the Platform during the creation of an account constitutes proof of the transaction (type of offer subscribed and date) and the data recorded by the payment system describes the proof of a financial transaction.
The Company acknowledges that a subscription has been made by the User by sending an email summarising the terms of the service(s) subscribed to, as well as including a link to Terms and Conditions and/or the Special Conditions.
The User must conserve a copy of the email either by printing or storing it in a safe and secure place.
In some cases, the Company may reserve the right to block or cancel a subscription notably with regards to payments, incorrect addresses or any other problem which may be linked to the User’s account information until the problem has been resolved.
The User acknowledges that information regarding their subscription is available in the ‘My Account’ section of the online Platform and stored on the cloud.
In the case of the online supply of a credit card number and the final validation of the subscription will act as proof of the contract in accordance with article 1316-1 of the French Civil Code and will act as confirmation of entering into the subscription to one or more services.
This validation confirms the express acceptance of all the activities carried out on the Platform. The digital data, kept in the computer systems of the Company and its partners under reasonable conditions of security, will be considered as proof of communications, contracts and payments between the User and the Company.
The filing of contracts and invoices is carried out on a reliable and durable medium so as to correspond to a real and durable copy in accordance with Article 1348 of the Civil Code.
5.4 Account Usage
The acceptance of ‘cookies’ is essential when using the Services on the Platform (Article 10.2).
The User will be solely responsible for the consequences pertaining to the use of their account, up until its deletion, unless the User can show that their account has been used fraudulently.
All connection or data communication will be deemed to have been made by the User under their sole responsibility unless the User can show that their account has been used fraudulently.
The User assumes responsibility when accessing the Platform through their own personal devices. In the event that the User becomes aware of unauthorised access to the Platform via their account details, the User must immediately inform the Company, so that it may take the necessary measures.
ARTICLE 6. CONDITIONS OF USE FOR TRIAL AND PREMIUM SERVICE SUBSCRIPTION
6.1 Trial and Premium Subscription Offers - Renewal
The Services may only be used by Users who have subscribed to an online service and only for the duration thereof as referred to in Article 6.3.
The services may be offered free of charge or incur a fee depending upon the option the User choses.
The Services will take effect on the day of the subscription online on the Platform under the reservation that payment is made in the case of a fee paying Service.
The User may renew a Premium Service Subscription. The Company will send an email indicating the ending of their Subscription three (3) months, then one (1) month before expiration of their subscription.
Only free Subscriptions can be terminated at the any time (article 6.3).
Once a free Subscription has be cancelled, the account will be deleted as per conditions indicated in section 6.6. the Services will be inaccessible and the data will be destroyed by the Company, the User can recover their saved data according to the terms outline in article 6.6.
6.2 Trial and Premium Service Subscription Changes
6.2.1 When a Premium Subscription has not been renewed, the User has access to the Trial Offer. The account shall remain accessible as well as all documentation and information relating to the Premium Account Subscription. The User may cancel the Trial Subscription and close their account according to the conditions in Article 6.1.
6.2.2 By default, all Premium Subscriptions having been subject to any special offers (reduction, partner offer, etc) will become Trial Subscription Offers that toutes les Offre Premium ayant fait l’objet d’une offre spéciale (coupon de réduction, offre d’un partenaire, Conditions particulières) sont transformées en Offre gratuite. At the end of the special offer or the Special Conditions, only the Services corresponding to the Trial Offer will remain accessible.
6.3 Duration and Cancellation
6.3.1 All Services are offered for the duration indicated in article 4 ou in the Special Conditions.
6.3.2 The Trial Subscription may be cancelled by the User at anytime via the User’s account.
The cancellation by the User will lead to the deletion of the User’s account as per the conditions outlined in 6.6.
The User may not ask the Company for any compensation or refund due to the deletion of the account resulting from the termination initiated by the User.
6.4. Suspension of Services
The Company reserves the right suspend the User’s access to the Services provided without warning or compensation in the following cases:
- non-respect of the Terms and Conditions
- non-respect of the Special Conditions or Terms and Conditions with regards to the subscribed service(s).
6.5. Modification or Interruption to the Platform
The Company may make changes to the Platform and update its services of which the User cannot oppose. The User acknowledges the technical changes that may be made to improve the quality of the Service may be necessary.
The User is informed that changes may lead to a momentary loss of connection to the Platform or an update to the application.
The User is informed that the changes to the Platform may require updates of its hardware to enable the optimal use of the Platform.
6.6. Deletion of an account
The User can delete their account by accessing their account through the website www.valoo.com.
The Company agrees to allow the account and data to be deleted 31 (thirty-one) days after the request for deletion. The deletion may require action by the User on the 31st day after their request. When deleting the account, it will be suggested to the User to export all of their data (property/vehicles/documents:general belongings). All documents stored on Platform will then be irretrievably destroyed by the Company.
ARTICLE 7. PRICE AND PAYMENT CONDITIONS
7.1 Premium Subscription Fee
To be able to access the Services, the User must be the corresponding fee.
The price of the Premium Offer is the price mentioned on the platform's subscription and services page and must be paid by the User on the day of subscription or, where applicable, the renewal of the Offer.
The Company may amend their tariffs at any time.
The prices indicated take into account the VAT applicable on the day of the subscription of the Premium Offer Subscription, or its renewal if necessary. Any change in the applicable rate of VAT will automatically be reflected in the prices.
7.2. Terms of Payment
Payment is carried out once the User’s subscription has been processed or when it is renewed according to the following terms:
Either by card, via STRIPE on a secure server Soit par carte bancaire, via STRIPE, sur un serveur de paiement sécurisé which integrates an encryption method in SSL (Secure Socket Layer) mode.
Either through a payment via the User's Itunes account directed through Valoo’s mobile app which can be downloaded from the Apple App store.
The User can make their payment by using the Company’s partner services Stripe or Itunes.
The Company communicates the User’s email STRIPE to confirm payments. The User is advised that Stripe may be required to store this email outside the European Union to operate its payment management service.
Bank details are never stored by the Company (CBien) owner of the Valoo app and website.
Transactions and information concerning the User are always verified and confirmed. It is advisable to print the confirmation form and retain it. This form contains contact details of the necessary person to contact in case of any issue.
Regardless of the Offer subscribed to by User, they are solely responsible all payment transactions.
ARTICLE 9 - CANCELLATION RIGHTS
The User has a ‘cooling off’ period of fourteen (14) days from the date of subscription to the Service(s) to exercise their right to cancel.
A withdrawal form is provided for this purpose at the end of the T&Cs.
This form can be sent:
- by email to the following address: firstname.lastname@example.org with the word ‘Cancellation’ in the subject header
- by recorded, signed for mail to:
4 rue du Général Lanrezac 75017 Paris, FRANCE
In any case, the User must add their name and surname as well as the email address used when subscribing to the Platform.
However, in the event that the User makes use of the Services offered on the Platform before the expiry of the aforementioned period, they expressly waive the right to withdrawal and terminate their account subscription in accordance with the provisions of Article L.221-25 of the Consumer Code.
In case of withdrawal, the User will obtain a refund of the sums already paid no later than fourteen (14) days following the date of receipt by the Company of the request for withdrawal, in accordance with Article L. 221-24 of the Consumer Code.
ARTICLE 10. PROTECTION OF PERSONAL DATA
10.1. Computer Processing
The Company ensures the confidentiality and the security of the personal data of the User.
By using Valoo, the User consents to the Company processing the following personal User data according to the terms and principles described below:
Name, Surname, Gender and Date of Birth;
Telephone number and email address;
Website, IP address (which are automatically detected);
In general, any information voluntarily given when using Valoo, for example: choice of language, sex, age, interests, schedules and duration of connection to the Platform, etc.;
The Company processes this data for the following purposes:
To manage insurance policies;
To ensure the technical administration and safety of Valoo;
To identify the interests and in turn personalise the advertisements that could be displayed on Valoo if the user accepts it beforehand;
To statistics data such as the number of visits User a made on different areas of the Valoo Platform;
To comply with the legislation in force notably with regards to the misuse of the Valoo Platform;
To manage different types of promotional activity such as competitions or reductions,
To manage of requests Users access rights, amendments and further feedback on any issues,
To manage of unpaid fees and disputes,
To manage questions and feedback on products, services or the COmpany’s online contents.
The Company certifies that its files and the automated processing of personal data has been declared to the CNIL, in accordance with the Data Protection Act of 6 January 1978 in force, under number 1735792.
The Company may contact the User by email regarding its partners commercial activities so that the User may be informed of their proposed services.
The Company is prohibited from communicating any personal information to a third party without the express agreement of the User.
In all cases, the Company reserves the right to use data anonymously for statistical analysis.
The personal data of the User as well as the information relating to their Subscription(s) are the subject of an electronic filing system created by the Company for a duration that can not exceed those outlined in the terms provided in article 6.6.
When accessing the Platform, cookies are on the User’s computer or mobile device.
The cookies must be retained for the duration of the User’s subscription.
If the cookies are deleted by the User, they may no longer have access to the Services as the cookies allow for a personalised online experience of the Services and content on the Platform.
10.3. User Rights, Amendments and Oppositions
The User has free access to the information found in the ‘My Account’ section of the online site. They also have the opportunity to amend and/or download their data from the Platform as outlined in their subscription agreement.
In accordance with the amended Data Protection Act of January 6, 1978, the User has, at any time, the right to access their information personal information, the right to have them rectified, deleted or updated if they are inaccurate or incomplete. The User also has the the right to oppose the transmission of their data to third parties, the right to oppose, without charge, that their data be used to be sent commercial solicitations in any form as defined by said law.
To exercise their access rights, deletion and any rectification, the User must make a written request by mentioning their first and last names and email address entered at the time of opening an account and subscribing to the Platform Service(s), and attaching a copy of their ID card or passport to the following address:
4 rue du Général Lanrezac 75017 Paris, FRANCE
The Company does not retain any data or information once an account has been deleted (31 days after the initial request).
The Company uses service providers with infrastructures installed in highly secure data centers located in the European Union, offering all the guarantees of security and data integrity preservation. Users' data and information are stored on servers protected by hardware and software protection systems and are encrypted. For further information, the User can consult the service provider’s website: https://www.heroku.com/policy/security.
ARTICLE 11. INTELLECTUAL PROPERTY
The Company is and will remain the owner of the intellectual property rights attached:
- the Platform and all its components such as, and by no means is an exhaustive list, information, databases, software or graphics.
- any distinctive sign and deposited files registered by the Company as a trademark or protected under any intellectual property law.
The Offer does not involve any transfer of ownership by the Company to the User, and in no way implies, in particular, authorisation to represent, reproduce, modify or use the various elements of the Platform commercially.
Any deterioration, as well as, in the absence of authorisation from the Company, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the Platform is prohibited and may lead to the prosecution of the User.
ARTICLE 12. RESPONSIBILITIES
12.1 Responsibilities of the User
The User is entirely responsible for how they use the Services with regards to their Subscription.
The User is solely responsible for the choice of documentation, information, data and content that they may create, store, download or communicate via their account.
The Company does not verify the data, documents and information created, stored, downloaded and/or transferred by the User in their personal account. Therefore, it declines all responsibility as to their origin, authenticity, completeness, and more generally, any use of the mentioned that will be made by the User.
In addition, it is the User's responsibility to check that the information, data and content of documents created, stored, downloaded and/or communicated with regards to their account subscription:
- Do not constitute an infringement of intellectual property rights,
- Does not contain electronic viruses,
- Do not promote crime or encourage criminal activity,
- Does not promote, insight or use pedophilic, pornographic, obscene, racist, defamatory or revisionist character or data,
- Does not hold health records,
- In general, are not contrary to public order and morality.
In the event of breach of the obligations stipulated above by the User , the Company reserves the right to proceed as it so wishes with the suspension or the immediate deletion of the account of the offending User as well as, if necessary, documents, information, data and content that it has created, stored, downloaded and/or transferred to its account, as part of its Service, without the User will have no claim to refund of fees or any other compensation under of this measure.
In case of sharing documents, information, data and content, the User is solely responsible for their decision to share their documents or information with other Users or the giving of access to a third party.
12.2 The Company’s Responsibilities
The Company takes responsibility for providing the necessary means to offer Services to the User.
As such, the Company's liability is limited to the commitments made in application of the present T&Cs but shall not include:
- damages due to the total or partial breach of the User’s obligations;
- the use of the Services by the User that do not conform to the notifications and recommendations of the Company,
- the use of hardware, software, services, that do not conform with the recommendations or prerequisites provided by the company CBien by the User,
- non-compliance by the User of the General Conditions of Use or the Special Conditions communicated by the Company and accepted by the User,
- difficulties in gaining access to the due to network saturation or slow connection speed at certain times.
- direct or indirect damage suffered by the User as a result of misuse of the Services offered on the Platform;
- force majeure.
The Company can not be held responsible for any malfunctions or damage to the User's computer system caused by the use of the Services or the Platform, including any loss of the User’s data, any loss or modification of personal and confidential information and their disclosure to third parties.
The use of the Platform requires a connection and an Internet browser. The User accepts the potential limitations linked to the use of the Internet, including:
- the response speed of the Platform may be affected by low or slow bandwidth,
- that the privacy of data circulating on the Internet can not be fully assured and that this data may be transferred unwillingly,
- that the Services offered on the Platform are run via complex software and it is therefore impossible to test all possibilities of use.
The User agrees to bear the risk of unintended errors or the temporary unavailability of the Platform or Services.
Hypertext links offered on the Platform may refer the User to other sites or other information managed by the Company’s partner. Insofar as the Company can not exercise any control over these sites, it can not be held liable for the content of said sites.
ARTICLE 13. TERMINATION
The User authorise the termination of their subscription by the Company.
The Offer is binding for the User, their successors in title and authorised assignees.
ARTICLE 14. COOPERATION WITH PUBLIC AUTHORITIES
The Company will cooperate, in accordance with the law, with the authorities that carry out checks in relation to content and/or services accessible by the internet or telephone network or with illegal activities carried out by any internet or telephone user.
The responsibility of the Company can not be engaged in any case made, in case of communication of elements in its possession, by judicial requisition, police or administrative authorities.
ARTICLE 15. APPLICABLE LAW AND DISPUTE SETTLEMENTS
These general conditions of sale are subject to French law and the jurisdiction of the courts of Paris unless otherwise provided by law or regulation of the Member State of the European Union in which the User resides if they prove to be more protective of it than the French provisiors, or of the jurisdiction of another court to be designated by such legal provisions.
The language of the current contractual agreement is in English
All complaints may be sent to the following address:
4 rue du Général Lanrezac 75017 Paris, FRANCE
Failing agreement within one month, any disputes that may arise concerning the validity, interpretation, performance or non-performance, suspension or termination of the T&Cs, will be submitted for mediation. The User can acquire the mediator of his or her choice, or request a mediator be provided to the Company.
The European Commission also provides you with an online dispute resolution platform:
In case of failure of the mediation or if the User does not wish to resort to mediation, the French tribunal courts will facilitate.
Withdrawal form under articles L. 221-18 and Consumer Code
You may complete and submit the withdrawal form template or other unambiguous declarations if you wish to make a retraction under the conditions described in Article 9.
The Company will send confirmation of the received retraction via email.
Withdrawals are to be returned at the very latest by the fourteenth (14) day as from the day of the subscription to the Service or if this deadline is on a Saturday, a Sunday or a holiday or non-working day, the next working day, by the following means:
- by email to the following address: email@example.com, with Withdrawal in the subject header
- or by recorded mail to:
4 rue du Général Lanrezac 75017 Paris, FRANCE
(Please complete and return this form only if you wish to withdraw from the contract.)
FOR THE ATTENTION OF [Insert employees name here, physical address, where available; fax and email address] :
I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
Commandé le (*)/reçu le (*) :
Name of User(s):
Address of User(s):
Signed by the User(s) (for purpose of this declaration only)
(*) Cross out as required.