General Conditions of Use
Preamble
The simplified joint-stock company N’PY RESA (a simplified joint-stock company with capital of €1,899,095.20, registered with the Tarbes Trade and Companies Register under number 813 423 985) provides a Marketplace called “N’PY Résa” (hereinafter “N’PY Résa”) on its website www.n-py.com (hereinafter the “Site”), allowing customers, tourist offices, companies, works councils, and individuals acting in a personal capacity (hereinafter the “Members”) to connect with professional sellers or private renters of furnished accommodation who have opened an account on the Site (hereinafter the “Seller”) for the purpose of purchasing products and services (hereinafter the “Products and Services”) offered at a fixed price.
Within the framework of “N’PY Résa”, SAS N’PY RESA will act as a simple intermediary putting sellers and members in contact.
Article 1 – Scope of application of the general conditions of use of the “N’PY RESA” space
These terms of use apply to all orders for products and services placed by a Member with a Seller on the "N'PY Résa" marketplace.
The applicable terms of use for "N'PY Résa" are those in effect on the day the order is placed by the Member.
Placing any order via "N'PY Résa" is subject to full and unreserved acceptance of these terms of use for the website www.n-py.com.
Article 2 – Placing orders
2.1 Members may order services and products offered by "N'PY Résa" as long as the offers are visible on the website.
Offers are provided by Sellers, who are solely responsible for the completeness of the description provided and the conformity of the service or product offered with said description.
The price of each service and product is indicated excluding delivery costs on the offer line corresponding to the selected seller.
Any delivery costs due are added to the product price before final validation by the Member and are freely set by the Seller.
2.2 SAS N'PY RESA may also charge Members a management fee for the website www.n-py.com, amounting to 3% to 5% of the order price, up to a maximum of €49.
This invoicing shall not create a contractual relationship between SAS N'PY RESA and Members.
2.3 By clicking on the "Accept Terms of Sale" icon during the order process, and after checking the order content and, if applicable, modifying it, the Member declares their full and unreserved acceptance of these terms of use for the "N'PY Résa" website, as well as the Seller's general terms and conditions of sale.
2.4 After reconfirming the order content (double-click), the Member will definitively confirm their order by paying.
Depending on the type of service, the order will only be valid and processed after:
- Payment of a deposit
- Payment of the full price of the main and incidental items
- Provision of bank details
2.5 Members can make payments by credit card on a secure payment platform; an email will be sent to the customer confirming the validation of their payment.
Payment for orders placed via "N'PY Résa" is made directly to the supplier; SAS N'PY RESA does not collect any funds on behalf of the Seller.
Any order from a Member who has not fully or partially paid for a previous order, or with whom a payment dispute is currently being resolved, may be refused.
2.6 SAS N'PY RESA will systematically confirm receipt of the order and its details to each Member by email.
2.7 In the event of payment, the account will be debited for the amount of the service or product upon receipt of the email confirming payment validation.
2.8 The Seller is solely responsible for any unavailability of the service or product over which it has sole control.
Article 3 – Shipping and delivery
All delivery times announced for products offered by Sellers are calculated in business days and provided directly by the Sellers.
The delivery times indicated correspond to the processing, preparation, and shipping times for orders, as well as the delivery times of the carrier used by the Seller. Delivery times begin upon confirmation of the availability of the product or service ordered.
Products are delivered to the delivery address indicated by the Member during the order process.
Delivery costs are freely set by the Seller for each of its products.
Article 4 – Right of withdrawal
4.1 Under the conditions set out in Article L.221-18 of the French Consumer Code, the Member has a withdrawal period of fourteen clear days from the date of the order, whether it concerns the provision of services or the delivery of the product.
If the Member wishes to exercise their right of withdrawal, they must contact the Seller directly and exercise said right according to the terms and conditions set out in the Seller's General Terms and Conditions of Sale, which they formally accepted when placing the order.
The Seller will refund the product by crediting the Member's bank account as soon as possible and within a maximum of 30 days after exercising the right of withdrawal.
4.2 It is, however, expressly recalled that pursuant to Articles L121-17 and L121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised for:
- accommodation services (other than residential accommodation), transportation, catering, and leisure services to be provided on a specific date or at a specific frequency
- services whose performance began with the member's agreement before the end of the 14-day period, goods made to the member's specifications or clearly personalized, or which, by their nature, cannot be shipped and are likely to deteriorate or expire rapidly
Article 5 – Modification and cancellation by the customer
SAS N'PY RESA is not responsible for processing cancellation and modification requests from Members.
In both cases, the Member must send their cancellation and/or modification requests directly to the Seller.
Order cancellation and modification requests must be made according to the terms and conditions defined in each Seller's General Terms and Conditions of Sale, which the Member formally accepted when placing the order, by clicking on the hyperlink provided for this purpose.
The administration fees charged at the time of booking will not be refunded in either case.
Article 6 – Member Account
The Member is responsible for maintaining the confidentiality of their account and password, as well as restricting access to their computer.
The Member is also responsible for ensuring the accuracy and completeness of the information provided.
Any fraudulent use of the website, or any use deemed fraudulent, that violates these Terms of Use, will result in Members being denied access to the services offered by the Sellers or other features of the website at any time.
Article 7 – Role of N’PY
SAS N'PY RESA acts as a simple broker connecting Sellers and Members on N'PY Résa.
It is not a reseller of the services and products offered by Sellers.
As such, and pursuant to Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy (LCEN), SAS N'PY RESA cannot be held liable for content made available on the site by Sellers or Members, unless SAS N'PY RESA promptly makes such content inaccessible after being notified of its illegality under the conditions set out in the LCEN.
Furthermore, since the sale of services and products via "N'PY Résa" occurs solely between the Seller and the Member, SAS N'PY RESA cannot be held liable for said sale, which is therefore not a matter for SAS N'PY RESA (cancellation, poor performance of the service, etc.).
Consequently, any complaints must be addressed by the Member to the Seller.
The Seller is solely responsible for handling complaints and providing after-sales service related to the services and products it sells on the website via "N'PY Résa."
Article 8 – Personal data
SAS N'PY RESA is responsible for processing Members' personal data.
Personal information provided by Members in connection with their orders is intended for SAS N'PY RESA and is used for processing and tracking orders.
This information is encrypted to prevent it from being read when transmitted over the internet, using encryption software.
Member data may be transmitted to SAS N'PY RESA's service providers for order processing purposes. In this regard, SAS N'PY RESA assures that it has taken the necessary measures to legally regulate this data transfer, including completing the appropriate formalities with the CNIL (French Data Protection Authority).
In accordance with Article 32 of the French Data Protection Act of January 6, 1978 (the French Data Protection Act), amended by Law 2004-801 of August 6, 2004, information required to process or fulfill orders is indicated by an asterisk on the website pages.
Furthermore, in accordance with the provisions of the same law of January 6, 1978, all members have the right to access, oppose, rectify, and delete their personal data at any time. This right may be exercised by writing to SAS N'PY RESA, 3 bis Avenue Jean Prat, 65100 Lourdes, providing proof of identity.
Article 9 – Nullity
In the event that any of the provisions of these conditions of use of the site are considered illegal or unenforceable by a court decision, the other provisions will remain in force.
Article 10 - Applicable law and dispute resolution
These terms of use are governed by French law.
Any dispute relating thereto will be submitted to the French courts.
Article 11 - Accommodation sorting criteria
The order in which a service provider is displayed on the N'PY Résa marketplace depends on the membership plan chosen by the service provider. "Bronze" service providers are ranked below "Silver" service providers, which are in turn below "Gold" service providers.
Within the same membership level, the order in which they are displayed is random.
The search order varies depending on the search filters used by travelers (price, ranking, additional services). SAS N'PY RESA reserves the right to automatically use different search algorithms or methods to optimize the default ranking results and maximize the satisfaction of travelers and Internet users in general.
Silver and Gold service providers also benefit from being featured on communication tools such as emails and specific pages on the n-py.com website.