GENERAL TERMS AND CONDITIONS OF USE AND SALE OF LeHuntist


The present general conditions of use and sale (hereinafter referred to as "General Conditions") are concluded between:
Advanced Retail, a simplified joint stock company, registered in the Paris Trade and Companies Register under number Paris B 504 469 313 with a capital of €49,400, whose registered office is located at 34 RUE DU FAUBOURG SAINT HONORE 75008 PARIS (hereinafter referred to as "the Company").
And The User of the Site www.lehuntist.com
 
Preamble
 
The Company operates a website accessible at www.lehuntist.com, offering an online marketplace dedicated to the connection of Freelancers and Clients/Project Leaders.
The purpose of the present General Conditions is to govern the terms and conditions of use and sale of the Site, as well as to define the rights and obligations of the Users connected on the Site.
Any access and/or use of the Site implies unreserved acceptance and compliance with all the terms of these General Conditions.
 

I - DEFINITIONS
 
1.1 
 

II - REGISTRATION TO THE SITE
 
2.1 The site is only accessible to members of the platform. 
To access the site, Members register online by paying their fees and filling out the information form. The administrators of the site validate the user's profile in the club, and the user can access his or her "member" space.
The STRIPE API application offers an option to the member in order to allow him to propose to the customers the option: "Save my CB for my next purchases". 
The membership fee is payable in one go in the form of an annual subscription and is automatically renewable each year.
 
2.2 The User must be at least 18 years of age and legally capable of entering into a contract and using the Site in accordance with these General Conditions. The User is required to provide accurate information that he/she undertakes to update immediately in case of changes.
Access to the account created is protected by an identifier and a password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of his login and password, and is the sole guarantor of their confidentiality, as well as any use of his account.

2.3 In order to be listed as a Personal Shopper on the Site and to be visible to Users, the User is also required to provide accurate and complete information on his or her profile page and to update it.
As the Company's Site is a local platform, the User is required to indicate as his main area of activity the place where he is registered or his usual place of residence.
The Freelancer also agrees to enter into a Billing Mandate with the Company to use the Services and to upload on the Site, the required documents concerning them for the purpose of meeting their obligations in the fight against undeclared work, as well as the rules of transparency (KYC) for the purpose of fighting against tax fraud, money laundering and financing of terrorism.
 
2.4 In the event that the User provides false, inaccurate, outdated or incomplete data, the Company shall be entitled to suspend or close the User's account and to refuse the User access to all or part of the Services in the future.
 

III - DESCRIPTION OF THE SERVICES AND OPERATION OF THE SITE
 
3.1 The Services include in particular:
 
Services offered by the LeHuntist platform to Members:
 
Services offered by the LeHuntist platform to freelancers:
 
3.2 The Client contacts the Personal Shopper via the Site. After discussing the scope and terms of the Assignment, the Client chooses his formula using the tools provided on the Site. An option allows the client to propose a personalized mission to the Personal Shopper on the basis of an estimate. He can also contract an Image Consulting or Personal Shopping mission. 
If agreed, the Client makes the payment, which allows the Freelancer to start the Mission. 
In the case of a shopping session conducted by LeHuntist, an order form is generated with the list of purchases, the commission and the shipping costs to be paid. If agreed, the Client proceeds to payment, which allows LeHuntist to make the purchases.
An invoice is sent to the member with the list of final purchases, the commission and shipping costs.  
At the end of the Mission, an invoice is drawn up and issued by the Company in the name and on behalf of the Personal Shopper, based on the information provided by the latter and sent by the Company to the Client. The Personal Shopper is obliged to provide the Company with all the information or other legal mentions that must appear on the invoice in accordance with its legal obligations, as provided for in the Invoicing Mandate.
Validation of the Mission entails payment to the Personal Shopper of the amount of the invoice, less the commission payable to the Company by the Personal Shopper.
 

IV - ACCESS TO THE SITE AND SERVICES
 
4.1 Access to the Site and Services is exclusively reserved for registered Users. Two formulas are available: 
  1. The Discovery package: without commitment, the fees amount to thirty-nine euros per month including tax.
  2. The Premium plan: with a twelve-month commitment, the fees are two hundred and ninety euros including tax.

4.2 Personal Shoppers must have given the Company a mandate to draw up and issue their invoices (by accepting the Billing Mandate) in order to be able to use the Site's Services. Similarly, they must have uploaded to their profile the documents required concerning them in order to meet their obligations in the fight against concealed work, as well as the rules of transparency (KYC) for the purposes of combating tax fraud, money laundering and the financing of terrorism.
Users domiciled outside of France are also required to comply with all obligations incumbent upon them by virtue of the legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the Site.

4.3 Users are personally responsible for setting up the computer and telecommunication resources required to access the Site. They are responsible for the telecommunication costs of accessing the Internet and using the Site.
The Site is accessible 24 hours a day, 7 days a week for all Users.
The Company reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more Services in order to update, modify or change operational methods, servers and accessibility hours, without this list being limitative.
The Company reserves the right to make any changes and improvements to the Site and the Services that it deems necessary or useful for the proper functioning of the Site and its Services.

4.4 The Site is reserved for Clients and may not be used by intermediaries or recruitment professionals acting on behalf of an end client. In the event of a breach of these access rules, in addition to the penalties mentioned in Article XVI hereof, the Company reserves the right to limit access to its Services, in particular by reducing the possibility of contacting Personal Shoppers on the platform or using the features of its profile, in order to put an end to the unfair competition thus practiced. In addition to the reminder of the rules of use of the platform set out in these Terms of Use, this limitation of the possibilities of using the platform is not the subject of specific information in order to protect against a repetition of this violation of our Terms of Use via a new user profile.
 

V- PRICE OF THE SERVICES
 
5.1 The client shall pay a 10% commission to the Company when the mission is a Personalized Shopping service, calculated on the basis of a percentage of the total value of the purchases. This commission is subject to a specific estimate.
 

VI- LIGITATION
 
6.1 In the event that the Mission is cancelled by mutual agreement (whether at the initiative of the Client/Member or the Freelancer), the Company will reimburse the Client/Member the amount of the Mission within 15 days.

6.2 In the event of a disagreement between the Client/Member and the Freelancer on the quality of the service, the scope, the terms and conditions, or the stage of completion of the Assignment, the Client/Member and the Freelancer agree to inform the Company through the customer service department and to make their best efforts to discuss and find an amicable solution within 45 days.
The Company may intervene to try to propose a solution to the parties.
 

VII - COMMITMENTS
 
7.1 The User undertakes to access and use the Site and the Services in accordance with the laws in force and the present General Conditions.
In this regard, the User acknowledges that for the sole purpose of verifying compliance by the User with these General Terms and Conditions and applicable laws, the Company may review any Content published or exchanged on the Site.
Likewise, the User acknowledges that the Company may intervene to moderate the Content published, if it does not comply with the laws and regulations in force as well as the obligations of the Users under the terms of these General Conditions.

7.2 The User undertakes to carry out all the declarations and formalities necessary for his activity, as well as to satisfy all his legal, social, administrative and fiscal obligations and all the specific obligations which are incumbent upon him, if necessary, in application of French law and/or the foreign legislation on which he depends, within the framework of his activity and use of the Services.
In the event of a request, the User undertakes to provide the Company, without delay, with any evidence proving that he meets the conditions set out in this article.
The User is solely responsible for the proper completion of the aforementioned formalities. The Company shall not be held liable in this respect.

7.3 The User undertakes to make fair use of the Site, in particular not to circumvent the Site and its Services.
Similarly, all Users shall refrain from extracting any content from the Site for a similar or competing activity, or for recruitment purposes.

7.4 The Customer/Member undertakes to provide a serious and sufficiently detailed offer of a Mission to the Freelancer(s) with whom he/she gets in touch through the Site in order to obtain a price proposal.
In this respect, the Customer/Member undertakes to provide the Freelancer with all necessary details so that the description of the Mission offer is as accurate as possible and does not mislead the Freelancer.
The Client/Member also agrees not to use the Services and the Site to promote its activity or that of a third party. In this respect, the Customer/Member agrees not to send advertising messages to the Users of the Site or to canvass them.

7.5 The Client/Member agrees not to request the cancellation of his payment by provision in electronic money from his financial institution during the course of the Mission.
Likewise, the client acknowledges that validation of the Assignment via the Site by the Personal Shopper is equivalent to receipt of the Assignment and payment order to the Freelancer. By this validation, the Personal Shopper declares the Mission completed and executed in accordance with the Mission Order, and declares that he has done everything possible to accomplish it. This validation constitutes a definitive waiver of any claim or recourse against the Company, unless the payment has not been transferred by the Company to the Personal Shopper within the time limits set out in point 9.2 of section 9 relating to payments of this contract. In this case, the Freelancer may invoke the default/delay of payment. This right disappears if the transfer is rendered impossible by the Freelancer's fault (e.g. failure to send bank details, non-performance of the assignment, etc.) or by the Customer. The Client may, however, contest the end of the assignment under the conditions described in the Terms of Use in section VI, 6.2 on disputes.
In the event that the Personal Shopper has not validated the Mission at the end of it, and without any response from him/her to reminders from the client and/or the Company, he/she acknowledges that the Company will be entitled to pay back the amounts set aside for the client, one month after unanswered notification sent by means of the email address in his/her user account.
 
7.6 The Personal Shopper undertakes to maintain strict confidentiality with regard to any exchanges with Clients and to any information transmitted to him or of which he may be aware when he is put in contact via the Site (whether or not an Assignment is made). In particular, Users agree not to share with any third party, either privately or on social networks, any exchange, information or excerpt of conversation from the Site's messaging system.

7.7 The Personal Shopper undertakes to offer its services and to carry out Missions on the Site only in its own name. Thus, the Personal Shopper is prohibited from subcontracting all or part of the Mission to a third party. In the event that the Freelancer works under a corporate form other than a single person, only the manager, president or partner of the structure, a natural person, may invoice. The Freelancer undertakes to create a profile on the Website and to carry out the assignment himself.
 

VIII - RESPONSIBILITY
 
Responsibility of Users and Personal Shopper

8.1 The User is solely responsible for any direct or indirect damage he or she may suffer as a result of inaccurate, incomplete and/or misleading information provided at the time of registration or in the absence of updating such information, the consequences of which he or she alone assumes.
The User acknowledges and accepts that any notification under the terms of these General Conditions may be made to him/her by means of the contact email address provided when creating his/her profile on the Site.

8.2 The User is solely responsible for all Content that he/she chooses to put online on the Site, as the Company does not control the Content before it is put online.
The User expressly agrees not to publish any Content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and good manners, infringing, prejudicial to public order or to the rights of third parties, likely to infringe the rights, reputation and image of the Company and, more generally, the content of which is in breach of the law and/or regulations, in particular those of a penal nature.

8.3 The Client/Member is solely responsible for the description of the assignment for which he/she is requesting a Freelance fee proposal. In the event of an error in the description of the Assignment, the Client/Member shall be solely responsible for any necessary additional services and related additional costs by formalizing an additional Assignment with the Freelancer through the Site.

8.4 The User is solely responsible for the conclusion and execution of contracts relating to an Assignment that he/she concludes with another User through the Site, the Company only intervening to put them in contact. The conclusion and performance of these contracts, which are entered into directly between a Freelancer and a Client/Member, are carried out at the initiative and under the exclusive responsibility of the latter.

8.5 The Personal Shopper acknowledges that the technical tools and resources made available by the Company do not absolve it of its responsibility for the legal obligations incumbent upon it. In particular, the Personal Shopper acknowledges that he/she retains full responsibility for his/her legal and fiscal obligations with regard to invoicing for the original initial and/or corrective invoices issued in his/her name and on his/her behalf by the Company, in particular with regard to his/her VAT declaration and payment obligations, in accordance with the Invoicing Mandate.
Company's Liability

8.6 The Company shall use its best endeavours to ensure that the Site and the Services are accessible and functioning properly 24 hours a day, 7 days a week.
Nevertheless, given the limitations of the Internet, the Company cannot exclude the possibility that access to and operation of the Site and Services may be interrupted, particularly in the event of force majeure, malfunctioning of the User's equipment, malfunctions of the User's Internet network, or maintenance operations intended to improve the Site and Services.
Consequently, the Company shall not be held responsible for any interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit any interruptions that may be attributable to it.
 
8.7 The Company and the User are independent parties, each acting in their own name and for their own account.
The Company does not enter into any contract in the name of and/or on behalf of a Freelancer or a Member, the latter contracting directly with each other through the Site.
Consequently, the Company can in no way be considered as an employee/employer or agent of a User.
As the Company is not a party in any capacity whatsoever to contracts relating to an Assignment concluded between Personal Shoppers and Clients/Project Leaders, the latter are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or execution of said contracts. Consequently, each User releases the Company from any liability for the direct or indirect consequences resulting from the introduction, conclusion and/or execution of such a contract between a Freelancer and a Client/Member.
In this respect, the Company shall not be held responsible for any cancellation of payment or revocation of direct debit authorisation at the initiative of the Client/Member alone, and for the consequences that may arise from this.

8.8 The Company makes every effort to ensure the content and validity of the information and documents transmitted by Personal Shoppers on the Site, provided that they are established in France. However, the Company shall not be held liable in any way whatsoever for breaches of the obligations incumbent upon them, particularly in the context of the fight against undeclared work and compliance with the rules of transparency, as well as for any damage that may result therefrom.
Thus, the Company cannot be held responsible for false, misleading or out-of-date information provided by the Personal Shopper.
 

IX - PERSONAL DATA
 
9.1 The data processing methods related to the use of the www.lehuntist.com platform and any other interaction with the Company are explained in the data protection policy. This data protection policy also explains the rights of access, rectification, deletion, portability and limitation available to the persons concerned by the processing of personal data that the Company implements. For any question concerning data protection you can send an email to wecare@lehuntist.com, or by mail to LeHuntist 34 rue du Faubourg Saint-Honoré 75008 Paris. 
 

X - COOKIES
 
10.1 For the proper functioning of the Site and Services, cookies are placed on the User's computer when connecting to the Site. Cookies are small text files that are stored in the browser or device by websites, applications, online media and advertisements.
To learn more, please refer to our cookie policy here: www.lehuntist.com/content/privacy-policy
 

XI - INTELLECTUAL PROPERTY
 
11.1 Of the Site
The Site and each of its components, including but not limited to texts, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of the Company or its partners.
These elements are protected by the laws relating to intellectual property and others, including copyright.
Any reproduction or representation, in whole or in part, of the Site or of any of its components, without the Company's authorization, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code.

11.2 Content
Any User who publishes Content on the Site retains full ownership of all that he/she publishes.
By creating a profile or leaving recommendations on the profiles, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display this public Content on the Site, social networks, blogs operated by the latter and/or on all other media (including physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing, advertising of the Services and of the Site or for the purposes of setting up partnerships. This authorization is valid for the whole world and for the duration of the User's registration.
The User acknowledges that any use of his Content made by the Company prior to his deregistration, deletion or termination of his account may not be challenged.
 

XII - DURATION, TERMINATION AND PENALTIES
 
12.1 The Premium Membership is accompanied by a twelve-month commitment, at the end of this period and without opposition from the customer, the contract may be tacitly renewed. We undertake to inform you in writing, by registered letter or dedicated e-mail, within the legal time limits, of the possibility of not renewing the contract.

12.2 With the Discovery Membership, your subscription is renewed automatically each month unless you cancel your subscription before your monthly renewal date.

12.3 Any use of the Site and the Services contrary to the General Terms and Conditions and/or the laws and regulations in force shall entitle the Company to suspend, without notice, the User's account or to refuse the User access to all or part of the Site in the future, without prejudice to any damages that the Company may be entitled to claim.
The Company may, moreover, five (5) days after having informed the User by means of the messaging system, automatically close the suspended User's account, without any compensation being due on any grounds whatsoever.
These sanctions may be taken in the following cases :
Similarly, in the event that the User is the subject of repeated disputes or reports from Clients/Project Leaders reported to the Company's Customer Service, the Company will be entitled to delay the visibility of the content hosted within the search engine results, to suspend or close its account.
The closure of the User's account by the Company shall automatically result in the termination of these Terms and Conditions.
 

XIII - DELIVERIES AND RETURNS
 
13.1 Items must be returned in new, unused condition with all labels intact and attached. Returns that do not comply with our policy will not be accepted and will be returned to you.
 
13.2 You have 15 days from the date of receipt of your order to request an exchange or return. The delivery is offered from 600 euros of purchases. The return costs are offered from France and the European Union.
 
13.3 In order to offer you an incomparable shopping experience, the return conditions are flexible. However, the number of returns made per customer is tracked and, in case of repeated returns contrary to our terms and conditions, we reserve the right to report or close your LeHuntist account and refuse future orders.
 

XIV - CUSTOMER SERVICE
 
14.1 For any question or information regarding the Site and Services, the User may contact the Company via the "contact" section on the Site or by sending an email to the following address: wecare@lehuntist.com.
 

XV - INVALIDITY - WAIVER
 
15.1 In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulations or by a court decision, this shall in no way affect the validity of and compliance with these General Conditions.
The failure of the Company to exercise its rights hereunder shall not constitute a waiver of its rights.
 

XVI - MODIFICATION OF THE GENERAL CONDITIONS
 
16.1 The Company reserves the right to modify all or part of these General Conditions.
The Company will inform the User of the modifications made to these General Conditions as soon as they are posted on the Site.
If the User does not agree to the new General Conditions, the User has a period of 24 hours from the date of notification to inform the Company by e-mail.
In the event that the User has not notified his disagreement within the time period provided above, he will be deemed to have accepted the changes.
 

XVII - APPLICABLE LAW AND JURISDICTION
 
17.1 The present General Conditions are subject to French law. Any dispute relating to their formation, conclusion, interpretation and/or execution shall fall under the exclusive jurisdiction of the competent courts under the conditions of common law. 

Date of last modifications: 02/03/2022