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Terms of Sales
 

This page (together with the documents mentioned on it) tells you the conditions of use under which you may make use of our website  www.demenamaide.com . Section 1 (General Provisions) is applicable to all users of our site. Section 2 (Registered User Provisions) is applicable to any user registered on our site.

Please read these Terms of Use carefully before you begin to use the Site. By using our site, you indicate that you accept these conditions of use and that you agree to comply with them. If you do not agree to these terms of use, please refrain from using our site.

SECTION 1: GENERAL PROVISIONS


1. Definitions

  • The following definitions apply to these Legal Notices:

  • Content Standards means our Content Standards as set out in clause 3

  • Fees means fees payable to us under the provisions of clause 25

  • The term “Registered User” means a user registered and registered under the conditions of clause 17

  • The term “User” refers to any user of this website.

  • Terms mean the terms set out in Section 1 (General Provisions) and Section 2 (Registered User Provisions)

2. Information about us

www.demenamaide.com  is a site operated by DemenaMaide Limited (“We”). We are a limited company registered in England and Wales under company number 12170026 and our registered office is: 40 Otter Close, London E15 2PZ, United Kingdom.


3. Access to our site

3.1 General

  1. 3.1.1  You are responsible for making all necessary arrangements to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

3.2 Prohibited uses

You may only use our site for lawful purposes. You cannot use our site:

  1. 3.2.1  In any way that violates any local, national or international law or regulation.

  2. 3.2.2  In any way that is illegal or fraudulent, or for any illegal or fraudulent purpose or effect.

  3. 3.2.3  To send, knowingly receive, download, use or re-use any material that does not comply with our Content Standards.

  4. 3.2.4  To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

  5. 3.2.5  To knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  6. 3.2.6  To reproduce, duplicate, copy or resell any part of our site in contravention of the provisions of these Terms.

  7. 3.2.7  To access without authorization, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in providing our site, or any equipment or network or software owned to or used by a third party.

 

3.3 Content Standards

  1. 3.3.1  These standards set out below apply to any and all materials you share with our site (Contributions), and any interactive services associated with it.

  2. 3.3.2  The standards apply to each part of any Contribution as well as its whole.

  3. 3.3.3  Contributions must:

  4. 3.3.3.1  Be accurate (where they state facts).

  5. 3.3.3.2  Be sincere (where they express opinions).

  6. 3.3.3.3  Comply with the law in force in the United Kingdom and in all countries from which it is published.

  7. 3.3.4  Contributions must not:

  8. 3.3.4.1  Contain material defamatory of any person.

  9. 3.3.4.2  Contain obscene, offensive, hateful or inflammatory material, or promote sexually explicit or violent material.

  10. 3.3.4.3  Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

  11. 3.3.4.4  Infringe any copyright, database or trademark of any other person.

  12. 3.3.4.5  Be likely to deceive a person.

  13. 3.3.4.6  Be made in breach of a legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  14. 3.3.4.7  Promote any illegal activity.

  15. 3.3.4.8  Be likely to harass, annoy, embarrass, alarm or annoy any other person.

  16. 3.3.4.9  Be used to impersonate any person or misrepresent your identity or affiliation with any person.

 

4. Suspension and termination

  1. 4.1  We reserve the right to determine whether there has been a breach of these Terms during your use of our site. Where an offense has been committed, we may take such action as we deem appropriate.

  2. 4.2  A material violation may therefore result in all or part of the following actions:

  3. 4.2.1  Immediate, temporary or permanent withdrawal of your right to use our site.

  4. 4.2.2  Immediate, temporary or permanent removal of any message or material uploaded by you to our site.

  5. 4.2.3  Issuing a Warning to You.

  6. 4.2.4  Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, administrative and legal costs) arising from the breach.

  7. 4.2.5 Other legal actions against you.

  8. 4.2.6  Disclosure of this information to law enforcement authorities as we deem necessary .

  9. 4.5  We accept no liability for any action taken in response to any breach of these Terms. The responses described in these Terms are not limited and we may take any other action.

 

5. Intellectual property rights

  1. 5.1  We are the owner or licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by laws and processed throughout the world. All these rights are reserved.

  2. 5.2  You may print off one copy, and download extracts, of any page from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.

  3. 5.3  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.

  4. 5.4  Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

  5. 5.5  You must not use any material from our site for commercial purposes without obtaining a license to do so from us or our licensors.

 

6. Reliability of the information displayed

Comments and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability arising from any reliance placed on such matters by any visitor to our site, or by anyone who may be informed of any of its contents.

 

7. Our site is modified regularly

We aim to update our site regularly, and we may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any material on our site may be updated at any time, and we are under no obligation to update it.

 

8. Our responsibility

  1. 8.1  The material displayed on our site is provided without any warranty or condition as to its accuracy. To the extent permitted by law, we expressly disclaim any liability relating to:

  2. 8.1.1  All conditions, warranties and other terms which may be implied by statute, common law or the law of equity.

  3. 8.1.2 Any liability for direct, indirect or consequential loss or damage suffered by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, all sites linked to it and all material published on it, including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and for any other loss or damage of any nature, but arising from and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,provided that this condition does not prevent claims for loss of or damage to your personal property or any other claims for direct financial loss which are not excluded by any of the categories set out above.

  4. 8.2  Location or mapping information is provided for informational purposes only. They are based on postcodes, and therefore cannot be an exact indicator of the location of a property. We take no responsibility for the accuracy of zip code or location information.

  5. 8.3  This does not affect our liability for death or personal injury arising from our negligence or our liability for misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under of applicable law.

 

9. Information about you and your visits to our site

We process information about you in accordance with our  Data Protection Policy . By using our site, you consent to such processing and you warrant that all data you provide is accurate.

 

10. Uploading data to our site

  1. 10.1  Whenever you use a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any Contributions comply with these standards, and you will indemnify us for any breach of that warranty.

  2. 10.2  Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and communicate to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

  3. 10.3  You will not upload material that is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  4. 10.4  We will not be responsible, nor liable to any third party, for the content or accuracy of any material posted by you or any other user of our site.

  5. 10.5  We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.

 

11. Links to our site

  1. 11.1  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  2. 11.2  You must not establish a link from any website which is not owned by you.

  3. 11.3  Our site must not be framed on any other site, nor may you create a link to our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which your link originates must comply in all respects with our Content Standards.

  4. 11.4  If you wish to make any use of material on our site other than that set out above, please address your request to  info@demenamaide.com .

 

12. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

13. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising out of, or relating to, a visit to our site but we reserve the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country .

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

14. Using DemenaMaide

No user may acquire or use the word “DemenaMaide” or any variation that includes the word “DemenaMaide” as a trademark or any other related intellectual property.

 

15. Variations

We may change these terms at any time by editing this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.


SECTION 2: REGISTERED USER PROVISIONS

 

17. Registration

  1. 17.1  Registered Users must:

  2. 17.1.1  Be at least 18 years old

  3. 17.1.2  Always provide valid and complete contact details, always have a valid email address

  4. 17.2  Registered Users cannot falsify their identity.

  5. 17.3  We reserve the right to refuse to process your request at any time and for any reason and without notice.

  6. 17.4  If you are registering on behalf of a business or any legal entity, by registering with us you confirm that you have the necessary authority to bind the body of business/company on whose behalf you are registering .

 

18. Our Status

  1. 18.1  We do not provide any transport services. Our role is to provide a forum where potential buyers of transportation services (Buyers) and companies that provide transportation services (Suppliers) can come together.

  2. 18.2  It is the role of the parties to choose between them on the basis of the services required and the contractual conditions and prices offered by each party; DemenaMaide advisors being intermediaries. We do not carry out reviews of Registered Users and therefore cannot provide assurances as to a party's ability to fulfill its obligations under a contract.

  3. 18.3  Please note that, in relation to all transactions carried out between Users, the resulting legal contract is between such parties, and is subject to the terms and conditions of that supplier/supplier or other terms agreed between the parties . The Parties should review all terms and conditions applicable to the transaction.

 

19. Use of the Site

  1. 19.1  The Site operates as follows:

  2. 19.1.1  Buyers will be able to submit details of their need for transport services (Buyer Announcement) according to the conditions of the site;

  3. 19.1.2  Transport Providers will be able to offer their services on their own terms, in response to a request from the Buyer (Request). Offers become legally binding contracts, on all of their original terms, once accepted by a buyer.

  4. 19.2  Buyer Advertisements (together: submissions) may be moderated. Determining whether or not a submission falls within our Content Standards is at our discretion.

  5. 19.2  We cannot guarantee the speed of display of offers on the site.

  6. 19.4  We are under no obligation to you or any other person to supervise, monitor or moderate the Site or any other services we provide on the Site. We reserve the right to remove or disable access to any submission that does not comply with the Content Standards.

 

20. Submissions

  1. 20.1  Submissions cannot relate to the transport of goods whose transport is prohibited by law.

  2. 20.2  Submissions relating to the transport of dangerous goods or other goods, including animals, the carriage of which is restricted by law may only be made if such goods are properly packaged, and the Submission clearly indicates:

  3. 20.3.1  The nature of the goods to be transported; And

  4. 20.3.2  Details of the method of transportation which must comply with all applicable laws and regulations.

  5. 20.3.3  Full responsibility for compliance with laws and regulations regarding the transportation of dangerous or restricted goods rests with the parties to this agreement. Parties transporting goods in violation of such laws or regulations may be subject to regulatory and/or criminal sanctions.

 

21. Rules for Suppliers

  1. 21.1  Suppliers must:

  2. 21.1.1  Honor a transaction contract formed with a Buyer;

  3. 21.1.2  Provide the services for which payment has been accepted; And

  4. 21.1.3  Include all taxes, including VAT and charges payable by the Buyer for transport services in any quotation excluding any import or export taxes payable on the goods transported.

  5. 21.2  Suppliers must not:

  6. 21.2.1  Bid against their own quote or have it done by associates or employees;

  7. 21.2.2  Significantly misrepresent their services by not respecting the terms and description of the services described in the advertisement;

  8. 21.2.3  Refuse to accept payment for a service if their quote is accepted; Or

  9. 21.2.4  Attempt to contact Buyers directly or make their corporate identity or contact details available to Buyers through the use of photographs, images, text or logos

 

22. Rules for Buyers

Buyers must not:

  1. 22.1  Submit their own offers in order to reduce the quotes offered by suppliers. Users responding to a call for tenders for the provision of services must be completely independent of the Purchaser of these services.

  2. 22.2  Neither Buyers nor Suppliers may interfere with a transaction or offer to purchase or provide transportation in response to a Buyer's off-site advertisement.

 

23. Comments

  1. 23.1  We will not be required to diligently provide information about any Registered User to any other Registered User.

  2. 23.2  For each transaction, Buyers and Suppliers may choose to rate each other by leaving comments. Buyers and Suppliers can leave positive, negative, or neutral feedback, as well as a brief comment.

  3. 23.3  These reviews are used to determine the Review score. In most cases, users receive:

  4. 23.3.1  +1 point for each positive evaluation

  5. 24.3.2  0 points for each neutral evaluation

  6. 24.3.3  -1 point for each negative evaluation

  7. 23.4  Suppliers are not permitted to include in their quotations or terms of sale any conditions which limit or restrict the Buyer from leaving feedback.

  8. 23.5  Buyers are not allowed to threaten Suppliers with negative or neutral feedback to obtain goods or services not included in the Buyer's original advertisement.

  9. 23.6  Suppliers cannot require Buyers to leave specific feedback. Suppliers cannot ask Buyers to remove existing comments. These prohibitions apply to all commenting activities, whether before, during or after the provision of services described in Buyer's original listing.

  10. 23.7  Comments must comply with the commenting rules listed on the site. DemenaMaide reserves the right to delete or modify a comment given by the buyer or supplier without the prior consent of the parties.

 

24. Fees

  1. 24.1  The site is free to use for buyers. A non-refundable deposit (Deposit) is payable by a buyer when an offer is accepted. Its amount is around 20 to 27% depending on the services. The deposit amount to be paid is deducted from the total value of the offer that is accepted. Payment of the remaining balance is payable by the buyer directly to the supplier in accordance with the terms and conditions agreed between both parties.

  2. 24.2  The commission represents a percentage of the amount on which both parties have agreed to carry out the transport. There may also be a minimum amount on small transactions, instead of the percentage of the transaction amount. These percentages are based on different factors, so they may change from one period to another.

  3. The price visible on customer quotes already includes the amount of the commission, which is automatically added to the price offered by the carrier

  4. 24.3  We may voluntarily waive our right to receive a deposit in certain circumstances, but such waiver is entirely discretionary and without assuming any legal obligation to do so.

  5. 24.4  After accepting any quotation, the Buyer must pay the deposit to DemenaMaide. We receive this deposit as agent for the Buyer.

  6. 24.5  Suppliers are responsible for collecting and paying all VAT associated with the provision of services to Buyers.

  7. 24.6  We may suspend, cancel or change the calculation method or fee rates at any time, permanently or for a limited period of promotion or otherwise. All changes will be described on the site.

 

25. Cancellation

  1. 25.1  Cancellation resulting from the Carrier

The deposit can be refunded in the event that the chosen Carrier is no longer able to provide transport and cancels the delivery of the service or the move. DemenaMaide reserves the right to request all necessary supporting documents proving the reason for the cancellation from the User.

All requests for reimbursement of the deposit paid must be made by email to the address  info@demenamide.com  within a maximum period of two months from the expected date of shipment indicated on the quote accepted by the Shipper on DemenaMaide . Please note, this request will require confirmation from the Carrier that loading has not actually taken place. DemenaMaide reserves the right to request proof from the Buyer in order to accept their reimbursement request.

No refund will be made if these conditions are not respected or if the cancellation results from a lack of information from the Buyer or from a modification of the terms of the contract on the part of the Buyer thus forcing the Carrier to Cancel. If the sender has to cancel the transport for reasons beyond his control and justifies it with evidence to support his situation, in this case DemenaMaide reserves the right to possibly grant a credit. The deposit paid is under no circumstances refundable if transport has been carried out. DemenaMaide is not responsible for any differences that may arise between the Carrier and the Buyer; it is their responsibility after acceptance of the offer to find a common agreement. DemenaMaide grants itself the right not to make any reimbursement for which the reason is unjustified, abusive or exaggerated. Any cancellation request from the Shipper will only be taken into account from the moment the Carrier, after being notified within 48 hours, confirms the cancellation and the reason for the cancellation. If the Carrier/Professional Mover disagrees with the Shipper and disputes the reason for the cancellation or vice versa, either party may request a more complete review from DemenaMaide staff and thus leaves DemenaMaide to make a decision at the fairer without it being able to be contested. Any cancellation request from the Shipper will only be taken into account from the moment the Carrier, after being notified within 48 hours, confirms the cancellation and the reason for the cancellation. If the Carrier/Professional Mover disagrees with the Shipper and disputes the reason for the cancellation or vice versa, either party may request a more complete review from DemenaMaide staff and thus leaves DemenaMaide to make a decision at the fairer without it being able to be contested. Any cancellation request from the Shipper will only be taken into account from the moment the Carrier, after being notified within 48 hours, confirms the cancellation and the reason for the cancellation. If the Carrier/Professional Mover disagrees with the Shipper and disputes the reason for the cancellation or vice versa, either party may request a more complete review from DemenaMaide staff and thus leaves DemenaMaide to make a decision at the fairer without it being able to be contested.

The refund time is approximately 3 working days from receipt of the refund request.

The delay may be longer depending on holiday periods, the summer season, the flow of refund requests or any compelling reason for DemenaMaide to wait before making the refund (e.g. waiting for proof, waiting for cancellation confirmation of one of the two parties…).

  1. 2.2.60  Cancellation resulting from the Buyer

If the cancellation comes from the Buyer then the deposit linked to the reservation on DemenaMaide will not be refunded. However, if the latter reserves another service provider on DemenaMaide for the same service then DemenaMaide reserves the right to exceptionally grant reimbursement equivalent to the amount of the deposit which is the less expensive of the two.
 

26. Right of withdrawal

You are informed that, in application of articles L. 121-20-2 and L. 121-20-4 of the Consumer Code, all of the services offered on the Site are not subject to the application of the right of withdrawal provided for in articles L. 121-20 et seq. of the Consumer Code regarding distance selling.
DemenaMaide, being the originator of transport services whose execution begins with its authorization and according to article L121-20-2 of the Consumer Code, the exercise of the right of withdrawal is excluded for the activity by DemenaMaide.

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