The present general conditions of use and sale (hereinafter referred to as "General Conditions") are concluded between :
Kokoon, a simplified joint stock company, registered with the Paris Trade and Companies Register under number 847934734, whose registered office is located at 3 Rue de Joinville 75019 Paris (hereinafter: the "Company").
And
The User of the Site https://www.kokoon.fr
The Company operates a website accessible at https://www.kokoon.fr, offering an online marketplace dedicated to putting Kokooners and Customers in touch with each other.
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 in relation to the Site.
Any access to and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these General Conditions.
Customer: refers to any individual or legal entity using the Site to be put in contact with a Kokooner in order to entrust him with the organization of real estate visits.
Content: refers to all words, messages or information of any kind (text, images, videos, photographs, comments, trademarks, company names, etc.), posted by a User on the Site.
Kokooner: means any individual or legal entity, either with a SIRET number and registered with the Trade and Companies Register, the Trade Register, the Maison des Artistes, Agessa, with the status of micro-entrepreneur, or practicing as a self-employed person under legal conditions from France or abroad and who offers its services to Customers through the Site
Invoicing Mandate: means the invoicing mandate concluded between the Kokooner and the Company under the terms of which the Kokooner agrees to entrust the Company, in compliance with the applicable rules, with the drawing up and issuing of its invoices relating to the Missions carried out for a Client via the Site.
Mission: means the specific task entrusted by a Customer to a Kokooner. The mission starts as from the signature of the letter of beginning of the mission.
Site: refers to the Internet site whose address is https://www.kokoon.fr
Services: refers to all the services provided by the Company on the Site and, in particular, the service of putting Kokooners and Customers in contact with each other as well as services intended to assist the Customer in the search for and selection of Kokooners to carry out the Mission.
Users: refers to Kokooners and Customers
2.1 In order to access the Services, the User must create an account by registering for free on the Site.
The User must be at least 18 years old and legally capable of entering into a contract and using the Site in accordance with these Terms and Conditions. The User is required to provide accurate information that he/she undertakes to update immediately in the event 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.
2.2 In order to be listed as a Kokooner on the Site and to be visible to the Users, the User is also required to provide accurate and complete information on his or her profile page and to update it.
The Kokooner also agrees to enter into a Billing Mandate with the Company to use the Services and to upload to the Site the required documents concerning them for the purposes of meeting their obligations in the fight against concealed work, as well as the rules of transparency (KYC) for the purposes of the fight against tax fraud, money laundering and the financing of terrorism
2.3 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 deny the User access to all or part of the Services in the future.
3.1 The Services include, but are not limited to:
3.2 The Customer contacts the Kokooner by contacting him via the Site. After exchanging views on the scope and terms of the Mission, the Kokooner carries out its mission within the framework agreed between it and the Customer.
At the end of the Mission, an invoice is then drawn up and issued by the Company in the name and on behalf of the Kokooner, on the basis of the information provided by the Kokooner and sent by the Company. The Kokooner is required to provide the Company with all information or other legal notices required to be included therein in accordance with its legal obligations, as provided for in the Billing Mandate.
The validation of the Mission entails the payment to the Kokooner of the amount of the invoice, minus the commission payable to the Company by the latter.
Access to the Site and Services is exclusively reserved for registered Users.
Kokooners must have given the Company a mandate to draw up and issue their invoices (by accepting the Invoicing 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 context of the fight against concealed work, as well as the rules of transparency (KYC) for the purposes of the fight against 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.
Users are personally responsible for setting up the computer and telecommunication resources needed 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 notice or compensation, to temporarily or permanently shut down the Site or access to one or more Services to update, modify or change operational methods, servers and hours of accessibility, without this list being exhaustive.
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.
Fixed fee starting from 1,900 euros (one thousand six hundred and ninety-nine euros all taxes included), for a rental property hunting mission. Presentation of properties, according to the specifications defined between the customer and the Kokooner, until acceptance of the rental file or signature of the customer's lease - post matching with the Kokooner.
If a Kokoon customer wishes to sponsor a friend or family member, he or she can do so by contacting Kokoon at contact@kokoon.fr or by using the dedicated platform. If the referred person becomes a Kokoon customer as a result of this referral, then the referrer is eligible to receive a €100 gift card (offer not retroactive and subject to conditions). For more information, please contact your Kokoon consultant.
6.1 The payment by the Customer of the amount of the Mission is made by bank transfer or via the tools that Kokoon makes available to the customer: GoCardless, Alma or Shopify.
6.2 Kokoon offers its Customers the Alma credit service for the settlement of their purchases and the execution of the payment. This is conditioned by the Customer's acceptance of the GTC or of the credit agreement proposed by Alma. Any refusal by Alma to grant credit for an order may result in the cancellation of the order. Any termination of the GTC binding the Customer and Kokoon shall result in the termination of the GTC or the credit agreement between Alma and the Customer. The amount is paid by a credit granted by Alma SAS registered on the REGAFI under the number 90876.
At the end of each Mission, Customers are encouraged to evaluate the Kokoon service and the progress of their Mission.
Kokoon is expressly authorized by the Customer to use the content of their reviews, photographs, videos and recordings created during the Mission or sent by the Customer at the end of the Mission and in which the Customer is present.
Kokoon reserves the right to use the aforementioned content on its website, on its social networks and in its advertising and commercial materials.
In the event of dissatisfaction or dispute between the Customer and the Kokooner, Kokoon may grant the request for a rematching with another Kokooner, except in the case of a request motivated by a discriminatory reason.
Rematching will be considered, not guaranteed, prior to any cancellation request and must be requested directly from Kokoon at the e-mail address contact@kokoon.fr.
Prior to any rematching, Kokoon will hold discussions with both parties in order to find a solution and undertakes to accompany the aforementioned Kokooner.
8.1 In the context of a paying assignment with an individual :
Our satisfied or reimbursed package allows you to claim reimbursement of the service, less handling fees amounting to €475 inc. VAT (equivalent to 25% of €1,900 inc. VAT public price excluding mission discount) (barring exceptional cases and written agreements communicated by the company) under the conditions mentioned below:
- Before contacting the Kokooner, the cancellation request can be made at any time during the mission preparation phase (rental file creation and contact with the Kokooner).
- In the event that the Customer claims to have found his or her accommodation without the assistance of Kokooner (within 30 days of being put in contact with Kokooner), the cancellation request must contain evidence to this effect: a copy of the signed lease for an accommodation not included in the list of properties offered, visited or exchanged with Kokooner.
- The cancellation request is conditional on the fact that no lease has been signed as a result of the Kokooner's assistance in finding, negotiating or visiting the property in question.
Cancellation requests must be sent by e-mail to contact@kokoon.fr with "Cancellation request" in the subject line, and must include the reasons for cancellation.
A minimum handling fee of €475 (incl. VAT) applies to the fixed price paid at the start of the assignment, irrespective of any commercial discount or sponsorship offer that may have been applied.
The above-mentioned handling fee is retained for all cancellation requests from the date of signature of the letter initiating the assignment.
No refund will be possible in certain cases mentioned below:
- The request for cancellation and refund exceeds 30 calendar days following the matching with the Kokooner.
- The customer does not give any news within 7 days for missions launched with a Kokooner (except missions put on stand-by by mutual agreement between the Customer and Kokoon) or does not give any news for 30 days during the mission preparation phase - rental file or matching - (except missions put on stand-by by mutual agreement between the Customer and Kokoon).
- The client requests a cancellation after the client's file has been submitted and accepted (with the client's consent) by agencies and/or owners.
- In the event that the Customer finds an accommodation that does not meet the specifications established with the Kokooner.
- If the customer changes his project, cancels his project or postpones his project, no refund will be possible.
Once you have been put in contact with the Kokooner, only the sending of a lease for a property corresponding to the specifications defined with Kokoon will result in a refund.
Furthermore, any falsified document sent to Kokoon will result in the cancellation of the mission by Kokoon and no request for reimbursement will be possible. Except in exceptional circumstances, no legal proceedings will be instituted.
Similarly, any insults, insults, inappropriate remarks addressed to Kokoon, a Kokooner or third parties during the mission will result in the cancellation of the mission by Kokoon and no request for reimbursement will be possible.
In addition, once the customer's file has been submitted and accepted (with the customer's agreement) by agencies and/or owners, Kokoon can consider the assignment finalized and completed.
Any request for Stand-by of the mission must be made by e-mail to contact@kokoon.fr with the subject "Stand-by request" and mention in its body the reasons for the Stand-by. This stand-by request will be submitted to Kokoon for approval. For any mission in preparation (rental file or matching), stand-by will be for a maximum of 30 days (renewable 2 times maximum). For any mission launched lasting less than 30 days, stand-by will be for a maximum of 30 non-renewable days. No stand-by will be possible for any mission launched lasting more than 30 days or if the customer's file has been submitted to and accepted (with the customer's agreement) by agencies and/or owners.
When the mission has exceeded 150 days since the Kokooner and the customer were connected, Kokoon is able to cancel the mission unilaterally without any refund.
8.2 In the context of a paying assignment with a company
In a B2B setting, no reimbursement of the mission is possible once the Lease File phase has begun.
In the event of a problem during a mission, a request for information, to make an appointment or other, can be made to contact@kokoon.fr. The Kokoon teams will respond favorably within 48 hours of receiving the request.
8.3 Mediation of consumer disputes
We will endeavour to settle all disputes concerning the execution of these General Terms and Conditions of Sale amicably. All complaints should be addressed to customer service at contact@kokoon.fr.
The complaint will be processed within 30 days of the date of receipt.
In accordance with articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, any contractual dispute relating to the performance of a sales contract and/or the provision of services that cannot be resolved by means of a complaint previously lodged with our customer service department may be referred free of charge to mediation.
He/she shall contact the National Association of Mediators (ANM) either by mail by writing to 2 rue de Colmar 94300 Vincennes (please specify your telephone number and/or e-mail address) or by e-mail by filling out the online complaint form at the following address https://www.anm-conso.com.
9.1 The User agrees to access and use the Site and the Services in accordance with applicable laws and these Terms and Conditions.
In this regard, the User acknowledges that for the sole purpose of verifying compliance by the User with these Terms and Conditions and applicable laws, the Company may review any Content posted 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 and the obligations of the Users under the terms of these General Conditions.
9.2 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, where applicable, in application of French law and/or the foreign legislation on which he depends, within the framework of his activity and the use of the Services
In the event of a request, the User undertakes to provide the Company, without delay, with any proof that he/she 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.
9.3 The User agrees to make fair use of the Site, in particular not to circumvent the Site and its Services.
Similarly, all Users are prohibited from extracting any content from the Site for a similar or competing activity, or for recruitment purposes.
9.4 The Customer undertakes to provide Kokooner with all the details necessary to ensure that the description of the Mission offer is as accurate as possible and does not mislead Kokooner.
The Customer also refrains from using the Services and the Site to promote his activity or that of a third party. In this respect, the Customer agrees not to send advertising messages to the Users of the Site or to canvass them.
9.5 The Customer undertakes not to request the cancellation of his payment in electronic money from his financial institution during the course of the Mission.
Likewise, the Customer acknowledges that validation of the Assignment via the Site is equivalent to receipt of the Assignment and an irrevocable payment order for the benefit of Kokooner. By this validation, the Client declares the Mission completed and compliant and definitively renounces any claim or recourse against the Company in respect of this payment.
In the event that the Client has not validated the Mission at the end of it, and without any response from it to reminders from the Kokooner and/or the Company, it acknowledges that the Company shall be entitled to release the amounts set aside for the benefit of the Kokooner, one month after unanswered notification sent by means of the email address in its User Account.
9.6 The Kokooner undertakes to maintain strict confidentiality regarding any exchanges it may have had with Customers and any information that may have been transmitted to it or of which it may have become aware during a contact via the Site (whether or not it resulted in a Mission). In particular, Users shall refrain from sharing with any third party, whether privately or on social networks, any exchange, information or excerpt of conversation from the Site's messaging system.
9.7 The Kokooner undertakes to offer its services and to carry out Assignments on the Site only in its own name. Thus, it is forbidden to subcontract all or part of the Mission to a third party. In the event that the Kokooner is a company other than a one-person company, only the manager, president or partner of the company, a natural person, may invoice. He thus undertakes to create a Profile on the Site and to carry out the Assignment himself.
Responsibility of Users, Customers and Kokooners
10.1 The User is solely responsible for any direct or indirect prejudice that he/she may suffer as a result of inaccurate, incomplete and/or misleading information that he/she provides at the time of registration or in the absence of updating of such information, the consequences of which he/she alone shall bear.
He acknowledges and agrees that any notification under these Terms and Conditions may be made to him through the contact email address provided when creating his profile on the Site.
10.2 The User is solely responsible for all Content that he/she chooses to put online on the Site.
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 would violate the law and/or regulations, in particular those of a penal nature.
10.3 The User is solely responsible for the conclusion and execution of contracts relating to an Assignment that he or she concludes with another User through the Site, with the Company intervening only to put them in contact. The conclusion and execution of these contracts, which take place directly between a Kokooner and a Client, are carried out at the initiative and under the exclusive responsibility of the latter.
10.4 The Kokooner acknowledges that the technical tools and means made available by the Company do not relieve it of its responsibility for the legal obligations incumbent upon it. In particular, the Kokooner acknowledges that it retains full responsibility for its legal and fiscal obligations in respect of invoicing for the original initial and/or corrective invoices issued in its name and on its behalf by the Company, in particular as regards its obligations to declare and pay VAT, in accordance with the Invoicing Mandate.
Responsibility of the Company
10.5 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 that access and operation of the Site and Services may be interrupted in particular in case of force majeure, malfunction of the User's equipment, malfunction of the User's Internet network, 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 involuntary, it being specified that it undertakes to make its best efforts to limit any interruptions that may be attributable to it.
10.6 The Company provides the Kokooners and the Customers with tools and technical means enabling them to enter into a relationship for the purpose of concluding a service contract through the Site. Its responsibility is limited to the provision of these means, as described herein, and to putting Kokooners and Customers in contact with each other.
In particular, the Company shall not be held responsible for the frequency of presentation of Kokooner profiles on its Site.
The Company and the User are independent parties, each acting in their own name and on their own behalf.
The Company does not enter into any contract in the name of and/or on behalf of a Kokooner or a Customer, the latter contracting directly with each other through the Site.
Consequently, the Company cannot be considered in any way 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 Kokooners and Clients, 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 directly or indirectly from the introduction, conclusion and/or execution of such a contract between a Kokooner and a Customer.
In this respect, the Company shall not be held responsible for any cancellation of payment or revocation of direct debit authorisation at the sole initiative of the Client, and for the consequences that may result from this.
10.7 The Company shall do its utmost to ensure the content and validity of the information and documents transmitted by the Kokooners on the Site as long as 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, in particular in the context of the fight against concealed work and compliance with the rules of transparency, as well as for any damage that may result therefrom.
Thus, the Company shall not be held responsible for false, misleading or out-of-date information communicated to it by the Kokooner.
Similarly, the Company reserves the right not to transmit to Kokooners messages from Customers who do not comply with the terms of use of the Site.
The Kokooner also acknowledges that it is free to take out professional liability insurance in its own name and on its own behalf.
In accordance with the law known as "Informatique et Libertés" of January 6, 1978 modified by the law of August 6, 2004, the User is informed that the Company proceeds to automated processing of the User's personal data, in particular when connecting to the Site, registering on the Site or using the payment system.
The Company is the recipient of personal data collected through the Site. It undertakes to implement all means to ensure the security and confidentiality of this data.
This data is intended to enable the Company to make the Services available to the User and is also used for statistical purposes, direct commercial prospecting and the sending of newsletters.
The information and documents collected are not sold to third parties.
The Company retains the data for a period of five years after the User's account is closed.
In accordance with the provisions of the law known as "informatique et liberté" of January 6, 1978 modified by the law of August 6, 2004, the User has a right of access, modification, rectification and deletion of the personal data which concern him.
The User may also object to this processing for legitimate reasons.
To exercise his rights, the User should write to the following e-mail address support@kokoon.fr
The User is also informed that all of the Company's servers on which this data is stored and those of the service providers used to exchange and store this data are all located in Europe.
For the proper functioning of the Site and the Services, cookies are implanted in the User's computer when he/she connects to the Site.
Cookies record information relating to navigation (pages consulted, date and time of consultation, etc.) and to the identification of its Users.
The conservation period of the cookies implemented by the Company is 6 months.
However, the User has the possibility to oppose the use of cookies by configuring his browser. As each browser is different, the User is invited to consult the instructions for his or her browser in order to configure it as desired.
14.1 From 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 intellectual property and other laws, including copyright.
Any reproduction or representation, in whole or in part, of the Site or of any of its components, without the authorization of the Company, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code.
14.2 Content
Any User who posts Content to the Site retains full ownership of all Content posted.
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 entire duration of the User's registration.
The User acknowledges that any use of his Content made by the Company prior to his unsubscription, deletion or termination of his account will not be challenged.
15.1 The User is authorized to create one or more hypertext link(s) pointing, for example, to the home page of the Site or to its profile page if it is a Kokooner.
Users shall refrain from creating any link from sites that do not comply with current legislation or that are likely to harm the interests, reputation and/or image of the Site and the Company.
In any case, the Company reserves the right to terminate this authorization at any time if it appears to it that the link established with the Site is likely to harm its interests, its reputation and/or its image.
Under no circumstances does the existence of a hypertext link from a third-party site to the Site imply cooperation and/or partnership between the Site and this third-party site. The Company has no control over third party sites and therefore assumes no responsibility for the content, products and/or services available on or from these third party sites containing a hyperlink to the Site.
15.2 The Site may contain links to sites of the Company's partners or to third party sites. The Company has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content and the products and/or services available on or from these sites.
The Company shall not be liable for any direct or indirect damage that may arise from the User's access to the partner and/or third party site and from the User's use of the contents and products and/or services of this site.
The present contract is concluded for an indefinite period of time from the acceptance of the General Conditions by the User.
In the event that the User fails to comply with these Terms and Conditions, in particular by failing to provide the information required for the proper use of the Site and/or commits any breach of applicable laws and regulations, and five days after informing the User via the Site's messaging system, the Company shall be entitled to automatically and automatically suspend or close the User's account and to deny the User access to all or part of the Services in the future, without prejudice to any damages that the Company may be entitled to claim.
For any question or information concerning the Site and the Services, the User may contact the Company via the "contact" section on the Site or by sending an e-mail to the following address: support@kokoon.fr.
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 such rights.
The customer expressly and irrevocably agrees to waive his right of withdrawal under articles L 121-21-3 et seq. of the French Consumer Code upon signature of the letter initiating the assignment, in order to benefit immediately from the service ordered from the Company before the end of the legal withdrawal period.
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 the present General Conditions as soon as they are posted on the Site.
If the User does not agree to the new General Conditions, he/she 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 limit provided above, he will be deemed to have accepted the changes.
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 courts within the jurisdiction of the Court of Appeal of Paris.
Date of last modification: September 12, 2023
