Terms & Conditions

WHEREAS:

Tout pour le Toutou (Pet Cheri) offers a pet concierge service and, as such, connects pet owners with service providers (professional or non-professional) from the animal care sector for the provision of personalized services.

This connection between pet owners and specialized providers may also soon be facilitated directly via its dedicated interface (website / application).

Tout pour le Toutou (Pet Cheri) lists service providers in the animal care sector.

The Client is the owner of one or more animals and has expressed a need that a provider from the Tout pour le Toutou (Pet Cheri) network can meet (hereinafter: the “Client”).

The Parties have exchanged and agreed to enter into this contract (hereinafter referred to as the “Contract”) to define the terms and conditions for connecting the Client with a Provider from the Tout pour le Toutou (Pet Cheri) network (hereinafter: the “Provider”).

THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS:

1. Purpose

These terms govern the conditions under which Tout pour le Toutou (Pet Cheri) connects the Client with the Provider for the performance of the service defined in the order form (hereinafter the “Service”).

The Client expressly acknowledges and agrees that these terms shall automatically apply to any services subsequently ordered by the Client after entering into this Contract.

2. Duration

The Contract is entered into for the duration necessary to perform the Service(s).

3. Description of the matchmaking process

Tout pour le Toutou (Pet Cheri) proposes to the Client one or more Providers from its network who may be able to meet the Client’s needs. As part of its direct pet concierge activity, Tout pour le Toutou (Pet Cheri) may act in an advisory role by suggesting the Provider deemed most suitable based on the Client’s preferences and the animal’s profile.

Nevertheless, it is up to the Client to freely choose a Provider to perform the Service, in accordance with the terms and pricing communicated by Tout pour le Toutou (Pet Cheri).

It is recommended that the Client meet the Providers before making a choice, especially for long-term or recurring services. (*Pet Cheri shall not be held liable if no meeting occurs.)

Once the Service terms are accepted by the Client, Tout pour le Toutou (Pet Cheri) books the Service with the selected Provider.

Tout pour le Toutou (Pet Cheri) confirms the booking to the Client by any written means, including but not limited to email, SMS, Facebook Messenger, WhatsApp, or through its interface.

The Service is performed by the Provider operating as an independent professional and not as an employee. Neither the Client nor Tout pour le Toutou (Pet Cheri) has any managerial authority over the Provider, who is not bound by any employment contract, subordination, or agency agreement with the Parties. The Provider and Tout pour le Toutou (Pet Cheri) are linked through a service provision agreement.

Tout pour le Toutou (Pet Cheri) is insured with AXA for any liability that may arise from the Provider delivering a service through the concierge connection. You can consult our insurance policy via the following link: https://www.petcheri.com/assurance

Claims are covered beyond a deductible of 380 euros per incident, which remains the responsibility of the Client. The incident must be reported within 24 hours of its occurrence. Later claims will not be considered.

Tout pour le Toutou (Pet Cheri) may also advance veterinary expenses required in case of accident or emergency, which the Client agrees to reimburse.

4. Commitments and Warranties of the Parties

4.1 COMMITMENTS AND WARRANTIES OF TOUT POUR LE TOUTOU (PET CHERI)

Tout pour le Toutou (Pet Cheri) commits to:

- Propose Providers whose professional skills have been previously verified (interview with a recruitment team trained in animal welfare and behavior).

In this context, Tout pour le Toutou undertakes to verify, in particular, the identity, professional training, and/or experience of the Provider.

- Book the Service with the Provider chosen by the Client and confirm this booking to the Client by any written means;

- Connect the Client with the selected Provider for the performance of the Service;

- Forward to the Provider all necessary information for the execution of the Service, including the Client's instructions.

4.1.2 Tout pour le Toutou (Pet Cheri) fully assumes its role in managing difficulties that may arise during the performance of Services and will intervene in unresolved disputes between the Client and the Provider, particularly regarding the performance of the Service or any warranties, representations, or other obligations they may have.

4.2 WITHOUT PREJUDICE TO THE OTHER OBLIGATIONS SET FORTH HEREIN, THE CLIENT AGREES TO:

- Provide Tout pour le Toutou (Pet Cheri) with all documents, elements, data, and information necessary for the execution of the Service.

- In particular, to declare all characteristics of the animal concerned by the Service, including any specific behaviors (e.g., escape-prone, ill, anxious, destructive, etc.), and provide instructions related to safety, maintenance, and the biological, physiological, sanitary, and behavioral needs that must be met during the Service.

- Expressly authorize Tout pour le Toutou (Pet Cheri) to share such information with the Provider for proper execution of the Service.

- Acknowledge and accept that failure to provide this essential information may lead the Provider to refuse to perform the Service. In such a case:

- No refund of amounts paid by the Client under this contract shall be issued;

- The Provider may require the Client to collect or have the animal collected the same day at the Client's expense.

- Provide only accurate, up-to-date, and sincere information and data to Tout pour le Toutou (Pet Cheri) and the Provider, not misleading or deceptive in any way, and to keep such information updated.

- Appear at the agreed location, date, and time to enable the Provider to carry out the Service;

- Refrain from contracting directly with any of the Providers presented (whether selected or not) by Tout pour le Toutou (Pet Cheri), acknowledging that the Provider would face significant financial penalties due to existing agreements with Tout pour le Toutou (Pet Cheri).

The Client expressly authorizes Tout pour le Toutou (Pet Cheri) to transmit the provided information to the Provider.

4.3 JOINT OBLIGATIONS OF THE PARTIES

Each Party undertakes, in the performance of this Contract, to comply with all applicable laws and regulations and not to infringe the rights of third parties or public order.

They agree to provide each other with all documents, elements, data, and information necessary for the performance of this Contract.

More generally, the Parties agree to cooperate actively with each other to ensure proper performance of this Contract and to inform each other of any difficulties encountered in its execution.

5. Cancellation of Booked Services

The Client agrees not to cancel the booked Service without a valid reason.

If the Client cancels the booked Service, they shall not be entitled to any refund of amounts already paid and shall remain liable for unpaid amounts.

Any cancellation after the connection has been made shall incur a fee for the Provider (as specified in their profile) and a €10 fee for Tout pour le Toutou (Pet Cheri) from the Client.

6. Handling Disputes between Client and Provider

In the event of a disagreement between the Provider and the Client, particularly regarding the quality of the Service, the Client agrees to notify Tout pour le Toutou (Pet Cheri) in writing, including by email or WhatsApp, within 24 hours of the dispute. The Client shall provide details of the issue.

The Client agrees to make their best efforts to discuss and attempt to find an amicable resolution.

Tout pour le Toutou (Pet Cheri) reserves the right to intervene and offer observations it deems useful to help resolve the issue amicably. The Client expressly acknowledges and accepts that such observations are only intended to assist in resolving the dispute and shall not constitute liability on the part of Tout pour le Toutou (Pet Cheri), which is not a party to the dispute.

If the Client and the Provider consider an amicable resolution impossible, they must handle the dispute independently.

7. Financial Terms

7.1 The total amount due for the Service and the Tout pour le Toutou (Pet Cheri) commission is specified in the order form (hereinafter the “Price”).

7.2 The commission is proportional to the Service price with a minimum amount based on the complexity and urgency of the request.

7.3 Given the collection mandate granted by the Provider to Tout pour le Toutou (Pet Cheri), the Client shall pay the Price directly to Tout pour le Toutou (Pet Cheri) upon booking the Service.

7.4 No direct payment shall be made to the Provider.

7.5 Tout pour le Toutou (Pet Cheri) commits to transferring the Provider’s full share of the total amount due for the Service.

7.6 The Client is informed and expressly agrees that any delay in payment, including payment failure, will automatically, upon the first formal notice sent by registered letter with acknowledgment of receipt, result in:

(i) Acceleration of the due date for all amounts owed by the Client and immediate enforceability;

(ii) Immediate suspension of ongoing Services until full payment is received;

(iii) Late payment interest at the legal rate on all sums due, plus a fixed recovery fee of forty (40) euros per invoice, without prejudice to additional compensation if actual recovery costs exceed this amount.

8. Payment Methods

The Client is expressly informed and agrees that all transactions under this Contract must be made by cheque or bank transfer. Any payment via other methods will incur a specific surcharge ranging from 3% (Stripe) to 7% (PayPal). Any international transfer outside the European Union will incur an additional fee of €15.

9. Termination for Breach

In the event of a breach by the Client of any of their obligations under the Contract, the Contract shall be terminated automatically fifteen (15) days after a formal notice sent by registered letter with acknowledgment of receipt remains unheeded, stating the intention to invoke this clause, without prejudice to any damages that may be claimed from the defaulting party.

10. Emergency Situations

For each Service, the owner must provide a phone number at which they can be reached in case of emergency.

If unreachable (due to travel, lack of network...), they must provide the contact details of a responsible person authorized to make decisions on their behalf.

In an emergency (accident, health issue...), Tout pour le Toutou (Pet Cheri) or the Provider will contact the owner or their representative by phone, SMS, or email. In case of no response, the owner authorizes Tout pour le Toutou (Pet Cheri) to take any necessary action and to accept or refuse the veterinarian’s recommendations. The Client agrees not to challenge or dispute the decisions made by Tout pour le Toutou (Pet Cheri) if they could not be reached.

The Client agrees to cover all related expenses (veterinary care, hospitalization, medication, transportation, etc.).

The owner must retrieve their animal at the end of the Service. If not, Tout pour le Toutou (Pet Cheri) will take all necessary measures to ensure the animal's care at the Client’s expense for up to 10 days. Beyond this period, the animal will be entrusted to a specialized organization (shelter, animal rescue...).

The Client is reminded that abandoning an animal is considered an act of cruelty under French law and is punishable by up to 2 years in prison and a €30,000 fine.

11. Force Majeure

Neither Party shall be held liable for any temporary difficulty or impossibility of performance of this Contract arising from force majeure.

In the event of a force majeure situation preventing the performance of obligations by a Party, continuing for more than one (1) month, the Contract may be terminated by either Party, by registered letter with acknowledgment of receipt, without either Party being required to pay any compensation.

12. Commercial Reference

The Client expressly authorizes Pet Cheri to reproduce their testimonial regarding the services of Pet Cheri. Consequently, the Client expressly agrees that Pet Cheri may reproduce, distribute, and communicate to the public, either in full or in part, their testimonial, as well as the image of their animal and their pseudonym, on its website or social media networks.

If the Client does not consent, they are invited to notify their refusal by any written means of their choice.

This authorization is granted free of charge, solely for the communication and/or promotion of Pet Cheri and/or its services.

13. Express Waiver of the Right of Withdrawal

The Client is informed that a right of withdrawal generally applies to service contracts concluded at a distance between a professional and a consumer, this right to be exercised within fourteen (14) days from the conclusion of the contract.

However, if the Service is fully executed before the end of the withdrawal period mentioned above, the Client expressly waives their right of withdrawal, which cannot therefore be exercised, in accordance with Article L.221-28 of the French Consumer Code.

14. Miscellaneous Provisions

14.1 Relations between the Parties

It is expressly agreed that neither Party may claim the provisions of this Contract to assert, in any way, the status of agent, representative, or employee of the other Party, nor bind the other Party to third parties, beyond the provisions of this Contract.

The Parties acknowledge that no specific legal structure is formed between them, each maintaining its full autonomy, responsibilities, and its own clientele.

14.2 Election of Domicile and Notifications

For the execution of this Contract, each Party elects domicile at the address listed on the first page of the Contract. They undertake to inform each other of any change of address by registered letter with acknowledgment of receipt. In the absence of such notification, any correspondence sent to the address indicated at the top of this Contract will be considered as validly received.

It is specified that, unless otherwise provided herein:

- Notifications involving a notice period and formal demands must be sent by registered letter with acknowledgment of receipt or any other form of mail delivered against signature, postage paid, to the address elected as domicile according to the procedures above.

- The time limits and effects provided herein will begin from the date of the first presentation of the said notification or formal demand.

14.3 Autonomy of the Contract, Severability, and Modification

This Contract supersedes and cancels any prior oral or written agreement relating to its subject matter. It is expressly understood between the Parties that this Contract, having been freely negotiated between them, any other document typically used by either Party, including all general terms of use, sale, or purchase, will not apply within the framework of this Contract.

The invalidity or unenforceability of any provision of the Contract shall not render the other provisions invalid, which will remain in full force and effect. The Parties shall then meet in good faith to agree on the necessary amendments to ensure that each finds itself in an economically comparable situation to the one that would have resulted from the application of the invalid provision.

Except in cases where the Contract specifies that it may be modified by any useful written means, such modification or amendment must be agreed upon in writing, signed by both Parties.

14.4 Written Means

Any reference to a written means within this Contract shall, unless expressly stated otherwise, refer to any useful written means, including email. Likewise, any reference to a written agreement shall, unless expressly stated otherwise, refer to an agreement made by any useful written means, including email exchanges.

14.5 Dates and Deadlines

The dates and deadlines mentioned in the Contract are fixed, with deadlines expressed in calendar days. When these dates and deadlines fall on a Sunday or a public holiday in France, they are not extended to the next working day.

14.6 No Waiver

The failure or waiver by a Party to exercise or assert any right under this Contract shall not be deemed a waiver of that right for the future, and such waiver shall only apply to the event in question.

14.7 Governing Law and Jurisdiction

This Contract is governed by French law and will be interpreted according to that law.

In the event of a dispute between the Parties regarding its validity, interpretation, or performance, the Parties will endeavor to resolve the dispute amicably. If an amicable agreement is not reached within two (2) months from the first notification sent by one Party to the other regarding the dispute, the matter shall be submitted to the exclusive jurisdiction of the courts of Paris.