TERMS AND CONDITIONS OF SALE OF COUPONS ON MYGOODEALS
Update : 14/05 / 2019
These General Terms and Conditions of Sale (hereinafter the "T&Cs") are offered by FIRST INTERMEDIARY E-COMMERCE LIMITED , whose registered office is located at Suite 301 Roselawn House, National Technology Park , Limerick (Ireland), a company registered under the number 640937. Intra-Community VAT number XXX. Hereinafter referred to as“MYGOODEALS”.
They define the rights and duties of the Buyers and MYGOODEALS. The present terms and conditions frame exclusively the sale of coupons.
The TCS express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation; otherwise his order will not be validated.
The terms in bold below that you will often find beginning in upper case even in the middle of the text are defined and should be understood as follows :
“Publisher": The legal entity responsible for the publishing and content of the Platform.
"Platform": the functional and organizational structure set up by MYGOODEALS that enables professionals linking partners and buyers by selling coupon and accessible via the Website sitehttps://www.mygoodeals.eu/ . It will be designated either by Platform or simply by MYGOODEALS ;
"TCS ": These Terms and Conditions of sale.
“Coupon”: Printable electronic document sold on the platform that allows its beneficiary to use within a specified period of time to use the services or purchase a good or product at a negotiated rate with Partners.
"Partner": Business Professional offering his Services or Goods through the sale of Coupons.
"Buyer ": User who buys a Coupon on the MYGOODEALS Platform.
Article 1 - Application of the Terms and Conditions of Sale of the Platform
MYGOODEALS website is published by FIRST INTERMEDIARY E-COMMERCE LIMITED. Legal information concerning the host and publisher of the Platform, including contact details are provided in the Legal notice of the Platform.
The purpose of the site MYGOODEALS is to allow the connection of professionals Partners of the sale of goods or services with buyers previously registered on the Site through the purchase of coupons.
The coupon represents proof that a user is a beneficiary of a good or service offered by a Professional Partner of the Platform according to the conditions laid down for a given period specified on the Coupon.
The publisher of the Platform MYGOODEALS reserves the right to revise at any time these Terms and Conditions of Sale but only the version validated at the time of purchase of a Coupon will be applicable.
Article 2 - Intermediate quality of the MYGOODEALS Platform
The Publisher acts only as an intermediary between the Buyer and the Partner.
Professional Partner whose offerings are listed on the Platform have signed a partnership contract with the Publisher whose purpose is the provision of a technical tool of matchmaking with buyer by a sale of a Coupon on their behalf as defined in the header of these TCS . Then the service or product provided through the purchase of the coupon is governed by the General Conditions of Sale of the Partner.
The Partner only allows on his behalf the sale of the coupon. The provision of the service or the sale of the goods will be made according to the general conditions of the Partner who assumes the entire transaction apart from the sale of the Coupon.
MYGOODEALS therefore has only an intermediary role and is the agent of neither of them.
In the event of a dispute between the Partner and the Buyer, if the parties cannot amicably resolve their dispute, they may have recourse to the publisher as an intermediary but remain free to have their dispute settled in court competent.
Article 3 - Order and use MYGOODEALS Coupons
The Platform MYGOODEALS is restricted to people over 18 who are single authorized to register as members.
To place an order, the Buyer must choose his Coupon which is added to the basket, select his country of delivery, validate his order by accepting the terms and conditions of sale of MYGOODEALSand make the payment using one of the means at his disposal.
When the deal accepted by the partner, the latter receives from the platform coordinates of the Buyer to provide the service or deliver the goods ordered. The details of the sale or supply of the service are to be validated directly with the Partner to confirm the deadlines. Buying a coupon is finalized by the receipt of a confirmation of the offer by email and sending general conditions of sale or service provider.
By validating the order, the Buyer accepts the price and description of the Service or Product described. The service or sale will be carried out according to the general sales conditions of the Partner.
The Buyer must provide a valid e-mail address and delivery address and acknowledges by accepting these terms and conditions that any exchange with the Partner may be done by means of this address.
The Buyer must also choose the method of delivery and validate the method of payment at the time of the order.
The coupons can only be used once and for one person at a time by the corresponding Partner and according to the conditions of use provided during the purchase. Coupons may only be used for a predetermined period which cannot be changed under any circumstances if the Beneficiary has not made use of them within the prescribed period. No refund or compensation may be applied in the event of expiration of the Coupon without it being used.
The use of a coupon will be done in one go, never partially except express agreement of the Partner and it is valid only for the selected offer on the Platform. If additional costs are associated (shipping costs, booking fees, etc.) the Buyer will be informed at the time of purchase of the coupon and in case of unavailability of the property of impossibility of providing the service, he/she will be informed by e-mail and the reimbursement of the coupon or a coupon of the same value will be offered to the Buyer according to availability.
The coupons are nominative and can only be used by their beneficiary who has the responsibility to keep it.
Coupons must be used in compliance with these TCS, which prohibit reproduction, repetition and any marketing outside MYGOODEALS. The Platform reserves the right to refuse and cancel orders that it deems unfair, abnormal, made in bad faith, that contain incorrect or insufficient information or for any other legitimate reason.
Article 4 - Price and payment
Prices are displayed in Euros or in the currency of the country where the service is being run or where the good is coming from (excluding taxes and all taxes included). They do not take into account the costs of delivery or bookings made by the Partner, which may be invoiced in addition and will be indicated before validation of the order.
The prices take into account the taxes applicable on the day of the order and any change of the rate of these taxes will be automatically passed on the price of products or services.
The total amount of the order (including all taxes) and delivery charges included is indicated before final validation of the order of the Coupon.
Although rare, prices are subject to change based on exchange rate fluctuations - should such a fluctuation occur, we may request an additional payment. You have the option to request a full refund or to pay the new price.
The Buyer makes the payment of the Coupon on the platform by credit card via ***
Article 5 –Withdrawal right
The provision of the service or the sale of the property offered by coupon via the platform is not the responsibility of MYGOODEALS. However, the Buyer has his right of withdrawal of fourteen (14) days for the purchase of the coupon.
The 14 days of withdrawal period begins the day after receipt of the coupon confirmation by email for services and the day after the physical receipt of the Product for the sale of goods.
The cancellation must be sent unambiguously to MYGOODEALS customer service in the following ways :
A standard form is proposed at the end of these TCS without being mandatory.
If the deadlines are respected, MYGOODEALS will reimburse the Buyer for all the sums paid for the purchase of coupons without incurring any costs. However, the refund may be deferred until the actual shipment of the property for which it has been retracted.
Article 6 - Limitations on the withdrawal right
In accordance with Article L. 121-21-8 of the French Consumer Code, the Buyer may not exercise the right of withdrawal for Coupons that concern the following services / goods:
Article 7 - Terms of refund
Refunds in the event of withdrawal or force majeure will be made by the same means as the payment unless the method of payment used during the purchase is no longer usable (credit card expired or cancelled for example). In this case, the Buyer shall imperatively inform the Platform to indicate another way of reimbursement by sending an email to the customer service:firstname.lastname@example.org. If the Buyer does not notify MYGOODEALS and the Platform makes the payment on the Buyer's original payment method, the Purchaser will have to claim the amount refunded from his bank or from the person responsible for his method of payment.
If the Buyer considers that the refund is not correct, he must reject it within thirty (30) days. If it does not do so within the time allowed, the amount refunded will be considered as the full amount of the Coupon for which it the refund has been claimed.
Exception : If the Partner has not provided the service or the Product while the Buyer has used the coupon, the latter must make the claim in accordance with the terms andconditions of the Partner, MYGOODEALS not being party to the contract.
Article 8 - Obligations and liability of MYGOODEALS
About the marketing of coupons on behalf of the Partners, MYGOODEALS undertakes to fulfil its obligations with diligence and will be responsible for any fault related to negligence on its part or any fraud according to the French regulations.
MYGOODEALS’ liability cannot be invoked in case of force majeure.
The Publisher does not guarantee the veracity of Partners offers.
Concerning the Purchased Services, the Publisher will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or expenses, which could occur.
The choice and purchase of a Service or a Product is under the sole responsibility of the Buyer.
The total or partial inability to use the Services may not give rise to any compensation, reimbursement or questioning of the Partner's liability, except in the case of a proven hidden defect, non-conformity or defect.
Article 9 – Customer Service
The customer service of the MYGOODEALS Platform is accessible by email to: email@example.com
Article 10 –Independence of clauses
If any provision of the TCS is found to be unlawful, void or for any other unenforceable reason, then that provision will be deemed severable from these TCS and will not affect the validity and enforceability of the remaining provisions.
Article 11 – Applicable law and mediation
These Terms and Conditions are subject to French law, without prejudice to the mandatory provisions applicable to Buyers as Consumers.
Except for public policy provisions, any disputes that may arise in the context of the execution of these Terms and Conditions may before any legal action be submitted to the Publisher of the Platform for an amicable settlement.
It is expressly reminded that amicable settlement requests do not suspend the time limits for taking legal action. Unless otherwise provided by public order, any legal action relating to the execution of these TCS shall be subject to the jurisdiction of the courts in the jurisdiction of the defendant's place of residence.
According to Article L.612-1 of the French Consumer Code, it is recalled that "every consumer has the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional. For this purpose, the professional guarantees to the consumer the effective use of a consumer mediation system".
We do our best to find an amicable solution to any dispute arising from the use of the Platform. Therefore for any claim the consumer possibility to either go throughEuropean online dispute resolution platform which offers the possibility of resolving disputes born on the internet without going through a judge or contact the following mediation service:
It is reminded that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice or contact the following mediation service:
The consumer mediation linked to a complaint to a Partner must be made according to the terms and conditions of sale of the latter.
Where there is doubt as to the meaning of a term or discrepancies, the French language shall prevail.
The Buyer can find below a standard withdrawal form for a coupon order placed on the Platform which is not mandatory:
(Please complete and return this form only if you wish to withdraw from the contract.)
To FIRST INTERMEDIARY E-COMMERCE LIMITED, 301 Roselawn House Suite, National Technology Park, Limerick (Ireland)
I hereby notify you of my withdrawal from the contract for the provision of service/sale of the following property (ies) (*):
Ordered on (*) / received on (*):
Signature of the Client (only in case of notification of this form on paper):
(*) Delete the mention useless.