Last updated January 31, 2024
Article 1 – LEGAL NOTICE
This site, accessible at the URL https://molnee.com/ (the “Site“), is edited by : Mr Olivier Amici, residing at 185 chemin de la costière, 06000, Nice, France, of French nationality, born on 16/11/1991 in Nice.
(Hereinafter referred to as the “Operator“).
The Operator’s individual VAT number is : FR03923889398.
The Site is hosted by OVHcloud, OVH SAS is a subsidiary of OVH Groupe SA, a company registered with the Lille Trade and Companies Registry under number 537 407 926, located at 2, rue Kellermann, 59100 Roubaix.
The Site’s Publication Director is Olivier Amici.
The Operator can be reached on the following telephone number +33613909827 and at the following email address mail@molnee.com
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the “General Terms and Conditions of Sale“, or the “GTC“) apply exclusively to the online sale of services offered by the Operator on the Website.
The GTC are made available to customers on the Site, where they can be consulted directly, and can also be sent to customers on request by any means.
The General Terms and Conditions of Sale are binding on the customer, who acknowledges having read and accepted them before placing an order by ticking a box provided for this purpose. Validation of the order by its confirmation implies acceptance by the purchaser of the GTC in force on the day of the order, which are kept and reproduced by the Operator.
The GTC are also systematically sent with any order confirmation sent to the Customer by the Operator. All Customers are therefore deemed to have read and accepted without reservation all the provisions of the GTC, which will apply to all services provided by the Operator. The GTC shall prevail over any clauses and conditions to the contrary that may appear in the general terms and conditions of purchase or any other document issued by the Customer. Any conditions to the contrary laid down by the Customer will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. However, the Operator reserves the right to derogate from certain clauses of the GTC depending on the negotiations conducted with the Customer, by drawing up special conditions of sale (in particular by concluding a contract for the provision of services) which will be approved by the Customer.
Article 3 – DESCRIPTION OF SERVICES
The Site is a site for the online sale of services.
Its purpose is to bring together:
- people who travel all over the world and want to help people send their packages or documents (called Carriers or Travellers) in exchange for a sum of money.
- people who need help to send their packages or documents (“Applicants”) and who call on Carriers or Travellers in return for a sum of money.
(hereinafter the “Service(s)“) open to any individual or legal entity using the Site (the “Customer“). The Services presented on the Site are each described in terms of their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the provisions of current French law.
The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer’s expense. In addition, the Customer must provide and be entirely responsible for the equipment required to connect to the Site.
The Customer acknowledges that he has checked that the computer configuration he is using is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create their personal customer area. Once created, in order to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is the Customer’s responsibility not to communicate his/her login and password in accordance with the provisions of the PERSONAL DATA article herein. Each Customer undertakes to maintain the strict confidentiality of the data, in particular the identifier and password, enabling him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service by means of his identifier and password, unless fraud is proven. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his login and/or password.
Once their personal customer area has been created, Customers will receive an email confirming that their customer area has been created.
When registering, the Customer undertakes to :
- provide real, accurate and up-to-date information at the time it is entered in the service’s registration form, and in particular not to use false names or addresses, or names or addresses without being authorised to do so.
- to keep the registration data up to date in order to guarantee that it is real, accurate and up to date at all times.
The Customer also undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). If this is not the case, the Operator may suspend or terminate the Customer’s access to the Site at its sole discretion.
Article 5 – ORDERS
When placing an order, the Customer must select the Service(s) chosen. The Customer may check the details of his order and its total price, and return to previous pages to correct his order if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions in force at the time before accepting them, and to confirm the terms and conditions and any cancellation fees prior to payment of the order. Confirmation of the order implies acceptance of the General Terms and Conditions and forms the contract.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When placing an order, the customer must confirm it using the “double-click” technique, which means that after selecting an ad by clicking on “Buy Now”, the customer must check and, if necessary, correct the content of the order (identification and price), before filling in the billing details and other additional information. The customer then acknowledges acceptance of these GTC before clicking on the “Place order” button, and finally validates the order after filling in his bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order, so that the Customer may refer to them.
Contractual information relating to the order (including the order number) will be confirmed by e-mail in due course, and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the “my account” area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any e-mail sent to the Customer in connection with an order will be sent to the e-mail address used by the Customer to log on to the Customer Area.
The Operator reserves the right not to validate the customer’s order for any legitimate reason, in particular in the event that :
- The Customer does not comply with the General Terms and Conditions in force at the time of ordering;
- The Customer’s order history shows that there are outstanding amounts from previous orders;
- One of the Customer’s previous orders is the subject of a dispute currently being processed;
- The customer has not responded to an order confirmation request sent by the Operator.
The Operator archives contracts for the sale of Services in accordance with applicable legislation. By sending a request to the following address mail@molnee.com, the Operator will provide the Customer with a copy of the contract that is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the customer when placing an order is binding. The Operator cannot be held responsible in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present General Terms and Conditions.
Registration is open to adults of legal age and to minors under the condition that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorised on behalf of a third party unless the third party is validly authorised to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate the Customer’s account without notice.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the provision of the Service ordered.
The Customer is informed that the Service may not be made available until the Operator has received full payment of the sums owed by the Customer.
The Operator uses the Stripe online payment solution.
Orders can be paid for using one of the following payment methods:
- Payment by bank card. Payment is made directly to the secure bank servers of the Operator’s bank, and the Customer’s bank details do not pass through the Site. The bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.The Customer’s order is recorded and validated as soon as payment is accepted by the bank.The Customer’s account will only be debited for the corresponding amount once (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.Failure to debit the sums due will result in the immediate nullity of the sale.In particular, the bank card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for their order in complete security without disclosing their bank details.
Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment centre has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents required to finalise the order. These documents will not be used for any other purpose.
Article 7 – PRICE PAYMENT
The price of the Services in force at the time of the order is indicated in euros including all taxes (TTC) on the Site. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.
The price is payable in euros (€) only.
The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
The total amount due by the Customer and the details thereof are shown on the order confirmation page.
Article 8 – RIGHT OF WITHDRAWAL
The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with article L. 221-19 of the French Consumer Code.
If the Customer wishes the performance of a service to begin before the end of the withdrawal period, the Operator shall obtain the Customer’s express request by any means.
The Customer who has exercised his right of withdrawal for a service the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the Operator an amount corresponding to the service provided up until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract (and will therefore be equal to the total price of the service if the entire service has been provided).
No sum shall be due by the Customer who has exercised his right of withdrawal if his express request has not been taken into account or if the Operator has not complied with the obligation to provide the information set out in 4° of article L. 221-5 of the French Consumer Code.
In accordance with article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions set out in articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below.
The Operator will send an acknowledgement of receipt of the Customer’s withdrawal request by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
- name, geographical address, telephone number and e-mail address ;
- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail if these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but is not obliged to do so.
The exceptions set out in article L.221-28 of the Consumer Code apply and prevent the right of withdrawal from being exercised, particularly if the order consists of a contract (including):
1° For the supply of services fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
11° Concluded at a public auction;
12° The provision of accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period;
13° The supply of digital content not provided on a tangible medium, where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
The Operator will reimburse the Customer the sums due within a period of fourteen (14) days from receipt of all the elements required to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the Operator’s discretion.
By accepting these General Terms and Conditions, the Customer expressly acknowledges that he/she has been informed of the cancellation procedure.
Article 9 – CUSTOMER SERVICE
The Customer may contact the Operator:
- at the following number +33613909827 on the following days and during the following opening hours 9:00-19:00.
- by email to mail@molnee.com stating their name, telephone number, the subject of their request and the number of the order concerned.
Article 10 – INTELLECTUAL PROPERTY AND USER LICENCE
The Operator is the exclusive owner of all elements present on the Site, in particular and without limitation, all texts, files, images whether animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements“) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorised use and/or exploitation.
Moreover, it is specified that the Operator is not the owner of the content put online by the Clients, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. Customers grant the Company a non-exclusive, transferable, sub-licensable, free and worldwide licence to use the intellectual property content that they publish on the Site, for the entire duration of the protection of said content.
The Operator reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
Article 11 – RESPONSIBILITY AND GUARANTEE
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Operator cannot be held responsible for information imported, stored and/or published on the Site by Customers. The Operator may not be held liable for any information published by a Customer on the Site and for any direct or indirect damage that this use may cause to a third party, the Customer at the origin of the publication remaining solely liable in this respect.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.
The Operator may not be held responsible for any use made of the Site and its services by Customers in breach of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Customer or to a third party. In particular, the Operator may not be held responsible for false declarations made by a Customer or for his behaviour towards third parties. In the event that the Operator’s liability is sought as a result of such behaviour on the part of one of its Customers, the latter undertakes to indemnify the Operator against any sentence pronounced against it and to reimburse the Operator for all costs, in particular lawyers’ fees, incurred in its defence.
The Customer is entirely responsible for all content posted on the Site, for which he expressly declares that he holds all rights, and in this respect guarantees the Operator that he will not post any content that violates third-party rights, in particular intellectual property rights, or that constitutes a violation of personal rights (in particular defamation, insults, insults, etc.), a violation of privacy, or a violation of public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of infringement of the laws in force, public decency or these General Terms and Conditions, the Operator may automatically exclude Customers who are guilty of such infringements and remove information and links to this contentious content. The Operator qualifies as a host with regard to content placed online by third parties. In this respect, it should be noted that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the liability of the Operator is sought due to content placed online by the Customer, the latter undertakes to hold the Operator harmless against any sentence pronounced against it and to reimburse the Operator for all costs, in particular lawyers’ fees, incurred in its defence.
Article 12 – PERSONAL DATA
Each Customer is solely responsible for maintaining the confidentiality of his login and password, and is solely responsible for all access to his Customer Account, whether authorised or not.
The Operator may not be held liable for any action or damage carried out via the Customer’s personal space by a third party who has had access to the Customer’s login and password as a result of a fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately if the Customer becomes aware of or suspects any unauthorised use of or unauthorised access to his personal space.
For more information about the use of personal data by the Operator, please read the Privacy Policy (the “Policy”) carefully. You may consult this Charter on the Site at any time.
Article 13 – HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer’s convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he will be leaving the Site and agreeing to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the drafting of the conditions of use and/or the content applying to or appearing on these third party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the Site without the prior written agreement of the Operator on a case-by-case basis.
Article 14 – REFERENCES
The Customer authorises the Operator to mention the Customer’s name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
Article 15 – GENERAL PROVISIONS
FULL AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
CHANGES TO THE TERMS AND CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer must therefore refer to these General Terms and Conditions before using the Site. IN THE EVENT OF MATERIAL MODIFICATIONS AND IN THE EVENT OF ONGOING SERVICES, THE USER WILL BE INFORMED BY MEANS OF AN E-MAIL AND A NOTICE ON THE SITE BEFORE THE MODIFICATION IS IMPLEMENTED.
The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or to any third party as a result of such modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, and to be able to invoke them at any time during the performance of the contract if necessary.
CLAIMS – MEDIATION
In the event of a dispute, you should first contact the company’s customer service department at the following address: mail@molnee.com
The parties agree that any disagreement or dispute relating to these general terms and conditions or arising from their interpretation or application, which cannot be resolved by mutual agreement, will be submitted to mediation. To this end, the parties undertake to take part in at least one mediation meeting by delegating a person with decision-making powers. The mediator (approved by the Commission d’évaluation et de contrôle de la médiation de la consommation – CECMC) will be chosen by the parties. In the absence of an amicable agreement, any dispute arising from the performance or interpretation of these general terms and conditions shall fall within the exclusive jurisdiction of the Nice Commercial Court.
APPLICABLE LAW
These Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.