LEGAL NOTICES

PUBLISHER

Done is a brand of the company DONNEZ.ORG.
DONNEZ.ORG Managed by Thomas Moreau 19 Rue d'Amiens, 59800 Lille.

DIRECTOR

Mr. Thomas MOREAU.

CONTACT

You can contact us by email at contact@done.fr.

HOSTING PROVIDER

Google Cloud Platform Gordon House, Barrow Street Dublin 4, Ireland.

PROCESSING OF PERSONAL DATA

Done.fr strives to ensure that your personal data is protected when you use its services. Our Privacy Policy describes how your personal data is processed and protected. View the privacy policy.

GENERAL TERMS OF USE

These General Terms of Use (hereinafter referred to as the « GENERAL TERMS ») govern the use of the Done.fr platform (hereinafter referred to as the « PLATFORM »), available directly on the website at https://app.done.fr (the « WEBSITE »).

These General Terms are made available to Users on the Website and within the Application. Any User declares to have read and accepted these general terms for any use of Done.

The current version of the Terms is the only one enforceable against Users throughout the duration of Site use and throughout the duration of subscription to the Services, until a new version replaces it. Done reserves the right to modify these Terms at any time without prior notice to Users but will inform them of the latest modifications.

Done.fr reserves the right to derogate from certain clauses herein or to establish specific conditions depending on the Users. Specific conditions prevail over general conditions. Acceptance of the Terms is mandatory before any subscription to the Services on the Site. The User acknowledges and accepts that any subscription to the Services constitutes unreserved acceptance of the following provisions and conditions, as well as the appendices.

For the purposes hereof, Done.fr and the User may be referred to individually as « » and collectively as « THE PARTIES ».

1 - ARTICLE 1 - DEFINITIONS

“ASSOCIATION” refers to any association registered on the Platform wishing to benefit from Donations made available on the Platform by Partners;
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“DONATIONS” refers to all Donations made by Partners, in the form of products that are either new unsold or used;
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“CSR INDEX” refers to the impact of Partners on the environment and society, and is defined by the actions carried out by the Partner on the Platform;
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“PARTNER” refers to any company and legal entity registered on the Platform that makes Donations available to Associations on the Platform;
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“PLATFORM” refers to the application available from the website https://app.done.fr.
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“SERVICE” refers to the service provided to all Partners of the Platform, allowing them to announce the Donations they wish to give to Associations.
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“WEBSITE” refers to the Done website available at https://app.done.fr which allows Users to use the Services.
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“COMPANY” refers to the company DONNEZ.ORG, a simplified joint-stock company, with its registered office at 19 Rue d'Amiens, 59800 Lille, France, and registered with the LILLE METROPOLE Trade and Companies Register under identifier 89052963900027.
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«USER» means any visitor and user of the Site and the Platform, including Associations and Partners.

2 - ARTICLE 2 – PRESENTATION OF SERVICES

DONE.FR is a platform connecting Partners and Associations. Partner companies listed on the Site publish donation offers that they wish to make available to Associations.

Both Partners and Associations are expressly informed that Done acts solely as an intermediary facilitating the dissemination of donation offers from Partners. Done.fr performs no preliminary checks on the quality of the offers, the donations, or the donated products.

The collection of donations by Associations takes place outside the Site, without the involvement of Done.fr. Done.fr cannot be held liable for any donation offer or the quality of the donations.

3 - ARTICLE 3 – PLATFORM OPERATION

All Users will have access to the following features, under the conditions described in these General Terms and Conditions and as described below:

• Post listings to donate a Product
  
• Create an agreement to govern donations
• View and search for a donation based on specific criteria
• Reserve a donation
• Instant messaging between Associations and Partners
• Issue a tax receipt for tax deductions
• Invite teammates from the Association or Partner to join the Platform
• View its CSR indicator

3.1 - PUBLICATION OF A DONATION OFFER

When a Partner company wishes to make products available for donation, it must register on the Site.

Registration is done via an email address or through the Partner's professional Google or Facebook account. Any registration made with private credentials or via a private account will not be validated by Done.fr and may lead to the deletion of offers published by the Partner on the Platform.

The Partner must then publish a Donation offer corresponding to the product(s) it wishes to donate to associations. The listing must include at least a title, a purchase price or cost price, and a description of the product. By publishing the listing, the Partner declares ownership of the Product and that they have described the Product as accurately as possible.

The Partner must publish a separate offer for each product. Products must be in the form of goods. Any cash Donation offer will be automatically deleted by Done.fr.

All listings are published for a maximum of 30 days. Expired listings can be republished for a new period of up to 30 days.

By publishing the listing, the Partner agrees that the content of the listing may be used by Done.fr to communicate about this donation through other communication channels used by Done.fr.

Done.fr does not moderate or control offers, nor does it control the quality of Donations. The Partner is therefore solely responsible for the quality and content of the offers and releases the platform from liability for any dispute relating to offers published by the Partner. However, Done.fr reserves the right to delete any listing it deems inappropriate.

3.2 - ASSOCIATION REGISTRATION

Following the publication of a Donation offer, Done will disseminate the listing to Associations in its network to find an association interested in the offer. If an association wishes to benefit from a Partner's Donation, it must register on the Platform.
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Registration is done via an email address or through the Association's professional Google or Facebook account. Any registration made with private credentials or via a private account will not be validated by Done.fr and may lead to the invalidation of the Donation. The association must also provide a copy of its articles of association, a tax ruling, and a copy of the Association's organizational chart. Done verifies the information provided by the Associations.

Only after Done.fr validates an Association's registration and profile will the Association be able to receive Donations.

3.3 - SIGNING OF A PARTNERSHIP AGREEMENT

Any Association whose registration has been validated by Done can then reserve the Donation products they are interested in via the platform. All Associations can access the list of available listings, their descriptions and images, as well as the Partners' profiles. Associations can also sort listings by distance and category.

All Associations can create a cart by reserving one or more Products. Once the cart is created, they can confirm it. The Partner owning the Products receives a notification.

The Association must then sign a Partnership Agreement with the Partner concerning the exchange of Donations.

The agreement is created with the help of a tutorial that covers the legal minimum to properly frame the donation. The purpose of the agreement is for the Association and the Partner to agree on the following points:

• The Products cannot be returned or exchanged.
  
• The Products shall not be resold.
• The Partner retains intellectual property rights over the Products.
• The Partner disclaims responsibility for the quality of the Products.
• A tax credit may be claimed by the Partner once the Product has been donated.
• The donation is made by the Partner to the Association without expectation of direct or indirect consideration. If the Association and/or the Partner wishes to communicate about this donation, it must not constitute an advertising service.

The agreement will be valid for a period of one year between the Partner and the Association. It will summarize all Products donated during this period in an appendix. The agreement is signed electronically, and only authorized individuals may sign it.

The Partner reserves the right to refuse a Donation request made by an Association based on its own criteria. A Partner's refusal of Donations shall not engage the liability of Done.fr. The Partnership Agreement between the Partner and the Association will only be considered effective upon the Partner's validation of the Donation.

The Association and the Partner expressly agree that any signing of a Partnership Agreement obliges the Parties to exchange all future donations exclusively via the Platform. Any deviation from this provision may result in the immediate deletion of the Association's and Partner's accounts and the payment of damages by the defaulting Party to Done.

3.4 - DONATION RETRIEVAL

To collect Donations, the Association can choose to:

1. Go to the location indicated by the Partner to collect the Donations. The Association is therefore responsible for collecting the donations without the intermediary of Done.fr.

The Association must log in to the Platform when collecting its Donation and ensure the presence of all products subject to the Donation. If everything is compliant, it must indicate this on the Application. If a Product is missing, the Association must remove it from its cart. The Association must attest to the proper receipt of its Donation by a QR Code signature or by signing a receipt provided by Done.

2. Donations are delivered to the address indicated by the Association at the time of its registration on the Platform. Any delivery returned to the Partner due to an error in the delivery address will be re-shipped at the expense of the Association and/or the Partner.

Upon receipt of its package, the Association must verify the conformity of the products received with the carrier and sign a delivery note. In case of a damaged or deteriorated package, or a missing product, the Association must remove it from its cart. If the package has been torn or opened, the Association must check the condition of the products. If they have been damaged, the Association must remove them from its cart.

This verification is considered to have been carried out by the Association once the latter or a third party authorized by it for this purpose has signed the delivery note.

In the event of a lack of conformity or a hidden defect noted by the Association at the time of delivery of its package, it must contact the Partner as soon as possible.

3.5 - ISSUANCE OF A TAX RECEIPT

Subject to legal provisions, product donations may entitle the Partner to a tax credit. If applicable, the Donation is subject to a tax receipt issued by the association for the value of the Donation. It is therefore the Partner's responsibility to correctly estimate the value of the product subject to the Donation and to assume all liability in this regard.

The Association has fourteen days from the receipt of the Donation to issue a tax receipt. To do this, it can either send its own receipt to the Partner – via the Platform – or use the template provided by Done.fr.

The Association may also grant a Mandate to Done to issue and then send electronically to each Partner a tax receipt corresponding to each donation actually received. This provision can be implemented by concluding a Mandate between the Association and Done, valid for all Donations made via the Platform.

To this end, Done.fr, as the Mandatary, will require a signature template from the person authorized to sign donation receipts within the Association.

Insofar as Done.fr issues tax receipts, the Association will need to provide the necessary information for their preparation. The Association must therefore provide the following elements:

• The signature of the person authorized to sign receipts;
  
• The association's address;
• The logo;
• The signature of the person authorized to sign receipts.

3.6 - INVITE A TEAMMATE

All Users can invite a teammate to join their Association or Partner Company. An email is then sent to their email address, and if the teammate clicks on “Join the company / association”, their account is automatically created, and they can immediately collaborate.

3.7 - CSR INDEX

All Partners can access their CSR index, which is calculated according to the following criteria:

• The number of Products donated.
  
• The number of Associations helped.
• The number of Kilograms of CO2 saved.

4 - ARTICLE 4 - DONE.FR COMMISSION

Done.fr charges a 15% commission on the value of each Donation, based on the purchase price or cost price. This commission is billed directly to the Partner, in addition to the declared value of the product in the Offer. The Partner therefore undertakes to declare the value of the product for each offer and to provide an exact and truthful value. The Partner's account may be suspended and any offer taken offline in the event of a deliberate undervaluation of the Donations by the Partner.

The amount of this commission may be revised upwards or downwards depending on the Partner, through the conclusion of Specific Terms and Conditions or negotiated rates in a framework agreement. Specific terms and conditions take precedence over general terms and conditions.

The commission is billed at the end of each month for all Products donated via the Platform during the past month. Payment by the Partner to Done.fr is made by bank transfer, to the bank details indicated on the invoice.

5 - ARTICLE 5 - ACCESS AND AVAILABILITY

5.1 - AVAILABILITY

Access to the Platform is available 7 days a week, 24 hours a day. For the proper management of the Services, Done may at any time reserve the right to:

• Suspend, interrupt, or limit access to all or part of the Site or Services, for any reason whatsoever, with or without notice, and at its sole discretion;
  
• Delete any information that may disrupt its operation, for any reason whatsoever, with or without prior notice and at its sole discretion;
• Suspend the Site to carry out updates.

Done.fr will do its best to communicate to Users in advance the dates and times of its interventions, but it cannot be held liable in the event of prior non-communication.

5.2 - INTERNET NETWORK

The User is informed that connection to the Site is made via the internet network. They are therefore warned of the technical hazards that may affect this network, particularly making connection temporarily impossible. Done.fr cannot be held responsible in the event of malfunction of the internet network, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the Platform.

6 - ARTICLE 6 - OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

6.1 - OBLIGATIONS AND RESPONSIBILITIES OF DONE

Under these terms, Done.fr undertakes to deploy all human and technical resources at its disposal, adapted to its material and financial capabilities, to provide the Services covered by these conditions.

Done.fr has a general duty to advise and inform Associations and Partners within the limits of the responsibilities set out herein.

Done.fr makes no commitment to Partners regarding the visibility of its Donation offers, nor does it guarantee that the Partner will find an accepting association for each of its Donations.

Done.fr shall not be liable for any loss of profits, operations, customers, or commercial disruption or damage that a Partner or an Association may suffer, nor for any increase in internal costs incurred by the Parties for using the platform.

Done.fr cannot under any circumstances be held responsible for the content of advertisements published by Partners and provides no guarantee, express or implied, in this regard. Done.fr is a third party to the correspondence and relationships between Partners and Associations, and therefore excludes all liability in this regard. However, Done may review messages exchanged between Users through the instant messaging service on the Platform, particularly for fraud prevention, service improvement, user assistance, or verification of Users' compliance with these General Terms and Conditions.

6.2 - OBLIGATIONS AND RESPONSIBILITIES OF THE PARTNER

The Partner is responsible for the donation they make. They undertake not to donate products that could pose a danger and to communicate all information necessary for the proper use of the product.

The Partner declares and guarantees that they do not infringe any current regulations, nor infringe upon the rights of another User when creating an advertisement.

Furthermore, the Partner undertakes to publish advertisements in compliance with the following requirements:

• No mention of illicit or Pharmaceutical Products.
  
• No hyperlink redirecting the User to a site not managed by the Company.
• No false or misleading information.
• No allusions likely to infringe upon the rights and/or image of the Company or any other person.

The Partner undertakes to publish only advertisements for donating Products. The Partner agrees to refuse any form of direct or indirect payment for donations. The Partner acknowledges and accepts that they are solely responsible for the content of the advertisements they publish and make available to Associations, as well as any information they provide to Users. Consequently, the Partner expressly releases Done and its group members from all liability, thereby protecting them against any claims or actions that may be brought against them by a third party regarding a published advertisement, and will bear all potential damages, costs, and expenses that may be claimed by judgment.

By posting an advertisement, the Partner acknowledges and agrees that Done may refuse or cancel, at any time without compensation, particularly any advertisement contrary to the laws and rules in force in these General Terms and Conditions.

Partners undertake to pay Done.fr the commission as stipulated in these terms. Done reserves the right to suspend or close a Partner's account, without payment of any compensation whatsoever, in the event of non-payment of the due commission or voluntary devaluation by a Partner of the value of their Donation in order to minimize the commission due to Done.

Partners undertake to process each Donation request received from Associations and to respond to them, whether to provide a positive or negative answer. When publishing Donation offers, the Partner undertakes to publish offers that meet the publication criteria indicated by Done and to comply with all other legislative or regulatory provisions relating to the publication of a Donation offer, and to release Done.fr from liability for any failure in this regard.

6.4 - DONATIONS OF PRODUCTS WITH A USE-BY DATE

Regarding the Products supplied to the Association by the Partner, the Association is expressly informed that some Products have a use-by and/or consumption date. Products subject to this limitation will be specifically marked on the packaging and/or in the list of Products provided by the Partner to the Association.

The Partner undertakes to supply only Products with a use-by and/or consumption date not exceeding six (6) months after the date the Products are handed over, under the conditions of Article 3.4.

Upon receipt of the Products, the Association undertakes to ensure their use and/or distribution to beneficiaries in compliance with the use-by and/or consumption dates. After the consumption and/or use period has passed, the Association shall be responsible for destroying all Products that have not been used and/or distributed to its beneficiaries. The Association is solely responsible for the aforementioned obligations and releases the Partner and Done from any liability whatsoever.

Any use and/or distribution of the Products after their use-by and/or consumption date falls under the exclusive responsibility of the Association.

6.5 - DONATIONS OF CATEGORIZED PRODUCTS

Regarding the Products supplied to the Association by the Partner, the Association is expressly informed that certain Products have specific usage instructions. Such Products may include:

• With substances or mixtures, or uses that are not recommended;
  
• With safety instructions for their handling;
• Labeling, handling, and/or storage instructions;
• Dangerous, chemical, or irritating components, as well as anything that could harm the physical integrity of others through symptoms and effects:
• Any other instructions categorizing the Products according to regulatory and/or legislative provisions.

The Products concerned will be subject to prior information provided to the Association by the Partner. To this end, the Partner undertakes to provide the Association with all documentation (e.g., Product safety data sheet, list of components, usage instructions, etc.) enabling the Association to receive the Products with full knowledge of all usage instructions and being fully informed.

The Partner is entirely responsible for the quality and integrity of the Products it entrusts to the Association and may be held liable for any Product given to the Association that does not comply with the safety, hygiene, and health standards set by French and European legislative or regulatory provisions. The Partner undertakes to supply only Products that meet the said quality criteria.

By accepting to receive Products, the Association accepts full responsibility for its use of the Products. To this end, it undertakes to have the necessary skills, personnel, and materials to use the Products under conditions that comply with safety, hygiene, and health standards. The Association is solely responsible for any incident suffered by its Beneficiaries and/or any third parties, related to the use, transformation, and storage of the Products.

6.6 - PARTIES' LOYALTY

Associations and Partners connected via Done undertake to continue their relationship through the platform.

Any donation made between them outside the platform will result in the payment of a sum representing 15% of the value of the donations made to Done.fr.

This loyalty obligation has a limited duration of one year from the last exchange made between Partners and Associations via the platform.

7 - ARTICLE 7 - ACCOUNT CLOSURE AND DATA DESTRUCTION

In the event of termination of contractual relations or closure of an Association or Partner Account, for any reason whatsoever, the User's right of Use will terminate immediately. The User will have a period of five (5) days to collect and remove any offers published on the Site and close their account, without requesting Done's intervention and without being able to claim any compensation whatsoever. After this period, the content and the account will be deleted.

8 - ARTICLE 8 - PERSONAL DATA

Done.fr's obligations regarding Users' Personal Data are described on the Site under the "Data Protection Policy" tab.

9 - ARTICLE 9 - PERSONAL DATA

By using the Site's services and exchanging Donations, Partners and Associations may potentially have access to confidential information from the other Party.

Partners and Associations therefore undertake to maintain the confidentiality of the information received and agree that it:

• Are protected and kept strictly confidential and are treated with, at a minimum, the same degree of care and protection that the Party affords its own confidential information, provided that such degree is no less than a reasonable standard of care;
  
• Are not disclosed or allowed to be disclosed to a third party, whether for consideration or free of charge, and in any form whatsoever, without the prior written consent of the other Party;
• Are used during the term of the Services solely for the purposes of performing this agreement, to the exclusion of any other use or exploitation without the prior written authorization of the other Party;
• Are not copied, reproduced, or duplicated, in whole or in part, when such copies, reproductions, or duplications (i) are not strictly necessary for the performance of this agreement or (ii) have not been specifically authorized in writing by the other Party.

10 - ARTICLE 10 - INTELLECTUAL PROPERTY

10.1 - THE SITE

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate this Site and, more generally, all elements reproduced or used on the Site are protected by intellectual property laws in force.

They are the full and exclusive property of Done or its commercial partners. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The publisher's failure to initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said uses or a waiver of prosecution.

Users are strictly prohibited from:

• Copy, reproduce, represent, disseminate, distribute, publish, permanently or temporarily, all or part of the content and/or the Site by any means and on any medium known or unknown to date;
  
• Create derivative works from the content and/or the Site;
• Modify, translate, adapt, arrange, all or part of the Content and/or the Site;
• Disassemble, decompile, reverse engineer the Site.

In any event, the User is solely responsible for their use of the site. Any unauthorized exploitation of the site or any of its elements will be considered an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

10.2 - OUR BRAND

Done's word and visual marks (logos) are protected. Their use without written authorization from Done.fr on any medium, for the purpose of promoting products or services, or for commercial purposes, is prohibited under penalty of criminal and civil prosecution initiated by Done.fr against the user and/or responsible third parties.

11 - ARTICLE 11 - SITE MANAGEMENT

11.1 - SITE ACCESS

The equipment used by the User to connect to the site is their sole responsibility. They must take all appropriate measures to protect their equipment and their own data. The User undertakes to access the site using recent equipment, free of viruses, and with a recently updated browser.

Done.fr is not responsible for damages caused to Users, third parties, and/or their equipment due to their connection to or use of the site, and Users waive any action in this regard against the publisher.

The publisher shall also not be held responsible for indirect damages () resulting from the use of the Site.

12 - ARTICLE 12 - ACCOUNT SUSPENSION, DELETION, AND ACCESS LIMITATION

You may terminate your relationship with Done at any time, free of charge and without providing any specific reason.

All you need to do to end our relationship is send an email to contact@done.fr requesting to delete your account. Consequently, your profile will be permanently deleted.

When the User wishes to use the Application again, they must register a new account and accept the same terms. The User will not be able to reactivate their old account.

If you (i) breach these General Terms and Conditions, particularly your commitments as a User, Partner, or Association, as mentioned in Articles 8.1 and 8.2 above, or if (ii) Done.fr has reasonable grounds to believe that it is necessary to do so to protect the security and integrity of the Platform, the rights of Users or any other person or User, to prevent potential fraud or investigations, or to preserve the User experience on the Platform, Done reserves the right to:

(i) immediately and without warning, close the account of the user concerned;
And/or
(ii) prevent the publication or delete any reviews, advertisements, messages, content, or any content published by Users or Partners on the Platform;
And/or
(iii) limit your access to and use of the Platform;
And/or
(iv) temporarily or permanently suspend your account.
When necessary, you will be notified of the implementation of such a measure to allow you to provide explanations to Done.fr. Done will decide, at its sole discretion, whether or not to lift the measures implemented.

13 - ARTICLE 13 - HYPERLINKS

Users are authorized to create any hyperlink to all or part of the site, but Done reserves the right to request the removal of hyperlinks on third-party sites, for any reason whatsoever and without having to provide justification.

The Site contains a number of hyperlinks to other sites, established with the publisher's authorization. However, Done.fr is unable to verify the content of these visited sites and therefore assumes no responsibility in this regard.

14 - ARTICLE 14 - MISCELLANEOUS PROVISIONS

SEVERABILITY: If one or more provisions of these terms are held to be invalid or declared null and void pursuant to a law or regulation or following a court decision having the force of res judicata, this shall not affect the other clauses of the terms;

NON-WAIVER: The fact that the Parties have not invoked a breach by the other party of one of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question;

PARTIAL INVALIDITY: In the event of a contradiction between a provision of these terms and any legislative text, law, ordinance, regulation, judicial order, or collective agreement, present or future, the latter shall prevail, provided that the provision of these terms so affected is limited only to the extent necessary and that no other provision is affected.

15 - ARTICLE 15 - GOVERNING LAW AND DISPUTE RESOLUTION

These terms are governed by French law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of these terms. To this end, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgment of receipt, of its intention to initiate said procedure, specifying the difficulties of application encountered or the breaches observed.

This amicable dispute resolution procedure constitutes a mandatory prerequisite for initiating legal action between the Parties. Any legal action initiated in violation of this clause would be declared inadmissible.

If the parties fail to reach an amicable agreement within thirty (30) calendar days following the first notification, each of them shall regain its full freedom of action.

Should an amicable resolution not be reached despite efforts made, any dispute relating to the execution, interpretation, validity, and resolution of these terms shall be submitted to the exclusive jurisdiction of the Commercial Court of Lille, even in the event of multiple defendants, third-party claims, or summary proceedings.

16 - ARTICLE 16 - CONTACT

For any questions, information about the services presented on the Site, or regarding the site itself, the user can leave a message at the following address: contact@done.fr.