Terms of Use
This English version is provided for information only. The French version is the legally binding one and prevails in case of any discrepancy.
Article 1 - Purpose
GLAMFINDER, a simplified joint-stock company (société par actions simplifiée), with a share capital of 150 euros, whose registered office is located at 15 chemin de Halage (95620) Parmain France, registered with the Pontoise Trade and Companies Register under number 943 831 420, is the co-contracting party of the Users within the framework of these Terms of Use (hereinafter the "Terms of Use").
GlamFinder does not perform any service: the service contract is concluded directly between the Client and the Pro. GlamFinder does not perform any Service: in this sense, GlamFinder is not a party to the Contract binding the Clients to the Pros and is not responsible for the contractual relationships between the Clients and the Pros nor for their consequences.
These Terms of Use ("Terms of Use") are intended to govern the access to and use of the Platform by Users, Clients and Pros. They also define their rights and obligations.
The Platform offers an intermediation Service between Clients and independent beauty professionals (hereinafter "Pros" or "Pro") and integrates search, booking, payment and communication tools. Users may then book Services from the Pros listed on the Platform, for their own account as well as for the account of a Beneficiary, and pay for the Service.
Article 2 - Definitions
For the purposes of these Terms of Use, the following terms shall have the following meaning, whether used in the singular or plural:
"Review": means the rating and comment written by a Client following a service booked and carried out via the Platform, published on the Pro's profile, and subject to the rules of authenticity, truthfulness and moderation defined in these Terms of Use.
"Backstage": means the secure professional interface of the Platform, enabling Pros to manage their profile, their calendar, their Services, their payments, their coverage area, their portfolio, their statistics via the dashboard, as well as their subscriptions and customer support.
"Beneficiary": means the person who benefits from the Service and for whom a User has booked a Service from a Provider on the Platform.
"Account": means the personal space created and used by the Client or the Pro, accessible by login and password or by a third-party authentication service (OAuth Google, Facebook, Apple), enabling access to the Services offered by the Platform.
Client(s): means the persons who use the Platform
Pro(s)/Professional(s): means any beauty service provider, registered on the Platform, acting independently or on behalf of a structure, within the framework of their professional activity.
Content(s): means all information, texts, logos, trademarks, photographs, hyperlinks published on the Platform
Contract: means the agreement concluded between the Client and the Pro regarding the make-up or beauty Services provided by the latter.
"Vercel" and "Supabase": hosting providers running the Platform and ensuring the storage and security of its data and files.
"Mailjet": emailing services provider used by the Platform for sending transactional emails (account confirmations, bookings, reminders) and promotional emails (newsletters, subject to the User's prior consent).
"Platform": means the website accessible at the address https://glamfinder.fr as well as https://backstage.glamfinder.fr, as well as the corresponding mobile application, published and operated by GlamFinder SAS, enabling Clients and Pros to be put in contact with each other.
Service(s) (Prestation): means the make-up and beauty services offered by the Pros.
"Booking": means the order of a make-up service placed via the Platform, on a given date and time slot, which may include, depending on the Pro's settings, a deposit, a pre-payment or a full payment.
"Service(s)": means the putting in contact by GlamFinder of Users and Clients with the designated Pros, through the Platform.
"Stripe": payment services provider used by the Platform for processing payments made by Clients (bank cards, electronic wallets), in compliance with the PCI-DSS standard.
"Stripe Connect": integrated payment solution enabling the management of the Pros' financial flows, including the creation of a merchant account, identity verification (KYC), the remittance of funds and compliance with legal obligations regarding the fight against money laundering and the financing of terrorism.
User: means any person (of legal age) who accesses the Platform and makes use of it (as well as the Applications, if any).
"Coverage area": geographic perimeter (radius, city/cities or localities) defined by the Pro in Backstage, within which they agree to provide their services.
Article 3 - Acceptance - Contractual documents - Duration
3.1. Acceptance.
Access to and use of the Platform by any User, whether Client or Pro, entails full, complete and unreserved acceptance of these Terms of Use. This acceptance is evidenced, upon the creation of the Account or the use of the Services, by a checkbox or any equivalent technical mechanism implemented on the Platform.
3.2. Contractual documents.
These Terms of Use are articulated with:
- the Privacy Policy, which specifies the rules applicable to the processing of personal data collected via the Platform;
- the Cookie Policy, which describes the use of trackers and the conditions of the User's consent.
These contractual documents constitute an indivisible whole, which the User acknowledges having read and accepted.
3.3. Duration.
The Terms of Use are concluded for an indefinite period from the first use of the Platform by the User and remain applicable for as long as the User holds an Account.
PART A - CLIENTS (Site & App)
Article 4 - Account
4.1. Account creation.
Use of the Platform is reserved for natural persons of legal age, with legal capacity and acting as a consumer within the meaning of the French Consumer Code. The User declares on their honour that they meet these conditions.
To access the Services, the Client must create an Account:
- either by providing a login (email address) and a personal and confidential password;
- or via a third-party authentication service (OAuth) offered by Google, Facebook or Apple.
Upon registration, the following information must be provided as mandatory: surname, first name, valid email address, telephone number.
4.2. Accuracy and updating.
The Client undertakes to provide accurate, complete and truthful information and to keep it regularly up to date in their Account, in order to ensure its relevance throughout the entire duration of use of the Platform's Services. In this respect, the Account is used exclusively by the Client who created it.
4.3. Security and confidentiality.
Logins and passwords are strictly personal and confidential. The Client is solely responsible for the safekeeping and use of their credentials and undertakes not to disclose them to third parties. Any connection or action carried out using their credentials is presumed to originate from the Client.
In the event of loss, theft, forgetting or suspicion of fraudulent use of their credentials, the Client must inform GlamFinder without delay at the following address: contact@glamfinder.fr, so that the necessary measures can be taken (temporary suspension, reset of access).
4.4. Sessions and enhanced security.
For reasons of security and protection of personal data, GlamFinder reserves the right to:
- limit the duration of an active session;
- require periodic reconnection of the User;
- implement additional authentication mechanisms (in particular two-factor authentication) when deemed necessary.
Article 5 - Use of the Platform
5.1. Professional listings.
Each Pro has a presentation listing on the Platform including in particular:
- their identity (name or business name, geographic location, city of practice);
- the description of their specialties and professional expertise;
- the list of beauty services offered, their prices inclusive of all taxes and their indicative durations;
- illustrative photographs of their portfolio;
- their availability slots updated via their calendar;
- the reviews and ratings given by Clients who have actually benefited from their services;
- their coverage area (radius of intervention, towns served);
- their cancellation and refund conditions applicable to Bookings;
- the explicit mention "travels to you" if the Pro offers beauty services at home or outside the salon.
The content of the listings is written under the sole responsibility of the Pro, in accordance with article 9 of these Terms of Use.
5.2. Search and matching.
The Client can search for Pros by location, service category, availability or keywords. The results displayed are based on the information provided by the Pros and on relevance criteria (proximity, availability, ratings). GlamFinder does not guarantee either the completeness or the actual availability of the Pros displayed.
5.3. Booking.
The Client selects a Service, a time slot and, where applicable, a location, then confirms their Booking. Depending on the Pro's settings, the Booking may require a deposit, a pre-payment or a full payment via Stripe. The Booking is only firm after confirmation sent by email and, where applicable, validation of the payment. The Service contract is then concluded directly between the Client and the Pro.
5.4. Messaging and communication.
The Platform provides a messaging service enabling Clients and Pros to exchange within the framework of a Booking. Exchanges must remain courteous and related to the Service. Any attempt to circumvent the Platform (payment off the platform, communication of contact details in order to avoid commissions) is prohibited and may result in the suspension of the Account.
5.5. Calendar synchronisation and third-party services.
The Platform may offer optional integrations with third-party services, in particular synchronisation with Google Calendar for Pros. These integrations are activated upon the explicit action of the User, can be revoked at any time, and only access the data strictly necessary (creation and reading of events linked to Bookings). The terms of processing of this data are detailed in the Privacy Policy, and the use of Google data complies with the Google API Services User Data Policy (limited use).
Article 6 - Booking, payment and invoicing (Client)
6.1. Price.
The prices of the Services are freely set by the Pros and displayed inclusive of all taxes on their listing. The price paid by the Client may include a matching commission collected by GlamFinder, as well as any transaction fees. The total amount due is summarised before validation of the Booking.
6.2. Payment.
Payments are processed by the provider Stripe / Stripe Connect, in compliance with the PCI-DSS standard. GlamFinder does not retain any complete banking data. By ticking the acceptance box and validating the payment, the Client places a firm order constituting an electronic signature within the meaning of article 1367 of the French Civil Code.
6.3. Collection and remittance.
GlamFinder acts as a payment intermediary on behalf of the Pro. The amount is remitted to the Pro, after deduction, where applicable, of the agreed commission, according to the timeframes indicated on the Platform and subject to validation by Stripe. As of today, GlamFinder does not deduct any additional commission on transactions; only Stripe payment fees apply.
6.4. Invoicing.
The Pro remains solely responsible for issuing the invoice relating to their Service to the Client. GlamFinder issues, where applicable, an invoice relating to its own services (commission, subscription).
Article 7 - Cancellation, withdrawal and refund
7.1. Cancellation conditions.
Each Pro defines their own cancellation and refund conditions, displayed on their listing and recalled at the time of Booking. Failing this, the standard GlamFinder policy applies. In the event of cancellation within the authorised timeframes, the Client is refunded according to the conditions provided, after deduction of any transaction fees.
7.2. Right of withdrawal.
As the booked Services are leisure/beauty services provided on a given date, the right of withdrawal provided for in articles L.221-18 et seq. of the French Consumer Code is in principle excluded (article L.221-28, 12 degrees), unless a more favourable provision is set by the Pro. The detailed terms are set out in the Terms and Conditions of Sale.
7.3. No-show.
In the event of the Client's unjustified absence at the appointment, the amount paid may remain acquired by the Pro and no refund is due. Repeated no-shows may result in a restriction of access to the Platform.
7.4. Cancellation by the Pro.
In the event of cancellation by the Pro, the Client is fully refunded. GlamFinder may apply cancellation fees to the Pro or suspend their Account in the event of unjustified or repeated cancellations.
Article 8 - Reviews and ratings
8.1. Authenticity.
Only Clients who have actually benefited from a Service booked via the Platform may submit a Review. Reviews must be sincere, based on a real experience and compliant with the applicable regulations (in particular article L.111-7-2 of the French Consumer Code).
8.2. Moderation.
GlamFinder reserves the right to refuse, suspend or remove any Review contrary to these Terms of Use (insulting, defamatory, off-topic, fraudulent remarks or remarks infringing the rights of third parties). GlamFinder does not alter the meaning of the Reviews published.
PART B - PROS (Backstage)
Article 9 - Pro's obligations, content and compliance
9.1. Professional status.
The Pro declares that they carry out a declared professional activity and hold all the authorisations, qualifications, registrations and insurance necessary for the exercise of their activity. They are solely responsible for compliance with their tax, social, health and regulatory obligations.
9.2. Published content.
The Pro is solely responsible for the content they publish (descriptions, prices, photographs, portfolio). They warrant that they hold the rights to it, that this content is lawful, accurate and not misleading, and that it does not infringe the rights of third parties (copyright, trademarks, image rights).
9.3. Management of the calendar and availability.
The Pro undertakes to keep their availability up to date, to honour confirmed Bookings and to respond to requests within the timeframes provided. They may, at their convenience, activate Google Calendar synchronisation under the conditions of article 5.5.
9.4. Performance of the Services.
The Pro remains solely responsible for the performance, quality and conformity of the Services provided to Clients. GlamFinder is not a party to the contract concluded between the Pro and the Client.
9.5. Tax identifiers and reporting obligations (DAC7).
The Pro warrants the accuracy of the professional and tax identification information they provide (in particular the SIRET number and, for sole traders, date of birth and tax identification number). As a platform operator, GlamFinder is required to collect this information and to report annually to the French tax authority (DGFiP) the Pro's identity details and the amounts they received, in accordance with the DAC7 directive and article 242 bis of the French General Tax Code. The Pro acknowledges being informed of this reporting and undertakes to keep this information up to date without delay in the event of any change (in particular regarding their VAT regime).
Article 10 - Subscriptions, commissions and Pro payments
10.1. Subscriptions and paid services.
Access to certain professional features may be subject to subscribing to a subscription or paid services, the terms of which (prices, duration, renewal, termination) are specified in the Terms and Conditions of Sale and on the Platform.
10.2. Stripe Connect and identity verification (KYC).
To receive payments, the Pro must create and complete a Stripe Connect account. In accordance with anti-money-laundering and counter-terrorist-financing regulations, Stripe may require proof of identity. Failure to provide these documents may result in the blocking of remittances and the suspension of the Account.
10.3. Commissions.
GlamFinder may collect a commission on Bookings, the rate and terms of which are indicated on the Platform. As of today, no additional commission is deducted; only Stripe payment fees apply. The Pro authorises GlamFinder to deduct this commission before remittance, where applicable.
Article 11 - Intellectual property
11.1. GlamFinder's rights.
The Platform, its structure, its code, its trademarks, its design and its own content are the exclusive property of GlamFinder and protected by intellectual property law. Any unauthorised reproduction or exploitation is prohibited.
11.2. Licence on the User's content.
By publishing content, the User retains ownership of it and grants GlamFinder a non-exclusive, free and worldwide licence to use it, for the duration it is online, for the sole purposes of operating and promoting the Platform.
Article 12 - Personal data and cookies
The processing of personal data is governed by the Privacy Policy, and the use of trackers by the Cookie Policy, which form an integral part of these Terms of Use. The User has rights of access, rectification, erasure, objection, restriction and portability, which they may exercise at the address contact@glamfinder.fr, as well as the right to lodge a complaint with the CNIL.
Article 13 - Liability and warranties
13.1. Role of intermediary.
GlamFinder provides an intermediation service and cannot be held responsible for the quality, conformity or proper performance of the Services, which fall under the sole responsibility of the Pros.
13.2. Limitation of liability.
GlamFinder's liability, where it is incurred, is limited to direct and foreseeable damages, and capped at the amount of the sums received by GlamFinder in respect of the transaction concerned. GlamFinder is not liable for indirect damages nor for failures attributable to external technical providers (Stripe, Google, host, networks).
13.3. Availability.
GlamFinder implements reasonable means to ensure the availability of the Platform, without guaranteeing the absence of interruption. Maintenance operations may be carried out without incurring its liability.
Article 14 - Suspension, termination and unsubscription
14.1. Termination by the User.
The User may close their Account at any time from their personal space or via the data deletion page. Termination does not affect the obligations arising before its effect (Bookings in progress, sums due).
14.2. Suspension or termination by GlamFinder.
GlamFinder may suspend or terminate an Account, without notice in the event of a serious breach, in particular: violation of the Terms of Use, fraud, unlawful behaviour or behaviour undermining the security of Users, repeated non-payment, or circumvention of the Platform.
14.3. Effects.
The closure of the Account entails the deletion or anonymisation of the data under the conditions of the Privacy Policy, subject to the retention periods imposed by law.
Article 15 - Amendments to the Terms of Use - Governing law - Mediation - Jurisdiction
15.1. Amendments to the Terms of Use.
GlamFinder reserves the right to amend these Terms of Use at any time, in particular in order to adapt them:
- to the evolution of the Platform and its features;
- to technical, legal, regulatory or case-law changes;
- to market practices or to the evolution of its third-party services (Stripe, Mailjet, Vercel, Supabase, etc.).
Any substantial amendment will be notified to Users by any appropriate means (email, in-app notification, information banner) at least 15 days before its entry into force, except for mandatory legal provisions imposing a shorter period.
Continued use of the Platform after the date of entry into force of the new conditions constitutes acceptance thereof.
15.2. Governing law.
These Terms of Use are governed by French law, to the exclusion of any other legislation, regardless of the country of use of the Platform.
15.3. Consumer mediation.
In accordance with article L.612-1 of the French Consumer Code, any consumer Client has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute between them and GlamFinder.
The competent mediator is CNPM - MÉDIATION - CONSOMMATION, 27 avenue de la Libération, 42400 Saint-Chamond (cnpm-mediation-consommation.eu). The Client may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.
Beforehand, the Client must send any complaint to: contact@glamfinder.fr. If no amicable solution is found within a period of 30 days, the Client may refer the matter to the mediator.
15.4. Jurisdiction.
Failing an amicable agreement or mediation, any dispute relating to the interpretation, performance or validity of these Terms of Use will be submitted to the competent French courts.
For consumer Clients: territorial jurisdiction according to the applicable legal rules (domicile of the defendant or place of performance of the contract).
For professional Clients and Pros: exclusive jurisdiction of the Commercial Court of Pontoise, registered office of GlamFinder.
Last updated: 28 October 2024