Shopopop's Terms and Conditions of Use

Article 1 – General information

1.1 These Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") apply to any natural person of legal age using the services offered by the www.shopopop.com website, published by AGILINNOV', a simplified joint-stock company with share capital of 175,811.10 euros, whose registered office is located at 1 ter Mail Pablo Picasso, 44000, Nantes, registered in the Trade and Companies Register under number 813 952 080. Intra-Community VAT number: FR83813952082, telephone number: +33 (0)2 49 88 13 13, email address: [email protected] (hereinafter referred to as "AGILINNOV").

1.2 All use of the Website is subject to these Terms and Conditions, which shall prevail over any other document, unless otherwise agreed in writing between AGILINNOV and the User.

1.3 As these Terms and Conditions may be subject to change, the User is invited to consult them on a regular basis and before each use of the service.

1.4. Third-party terms and conditions: certain features of the Website use tools and services provided by third parties, which may be governed by separate terms and conditions. For example, to use the Integrated Payment Service, you will need to accept the payment service provider's terms and conditions (please see Section 13 for more information on how Users are invited to accept the payment service provider's terms and conditions). Where third-party tools and services are governed by separate terms and conditions, the Website will display a hypertext link to the applicable terms and conditions. Within the context of services provided by the third parties, the relevant terms and conditions will be made available to you in a format that enables them to be copied and stored. You must accept them separately if you wish to use the services offered by these third parties.

Article 2 – Terminology – Services

Refers to bulky products such as multipacks of water or milk.

Article 3 – Warnings prior to using the service

Before using the SHOPOPOP Service, Users and Members must read and accept the following conditions.

3.1 Introduction to the Service

The SHOPOPOP Service is a digital platform created to put Recipients in touch with local Deliverers to allow them to organise home delivery services for purchases previously made online with online retailers offering a "click and collect" service, i.e. online purchases with in-store collection.

The SHOPOPOP Service is designed to foster a spirit of mutual assistance within communities and to encourage Users to pool journeys to reduce their environmental impact; under no circumstances can it be considered a commercial service for organising the transport of goods.

AGILINNOV simply acts as a host for posts published on the Website and the Application, and is therefore a third party to the relationship between the Deliverer and the Recipient. AGILINNOV assumes no liability or responsibility with regard to the relationship between the Deliverer and the Recipient. AGILINNOV is in no way subordinate to the Deliverers, and is not mandated by the Recipients to find them a Deliverer.

In its capacity as host, AGILINNOV does not carry out any advance checks of the content posted online by the Recipients, for which it is not responsible. Any person who notices the presence of racist, violent, insulting, discriminatory, misogynist or hate-mongering content must bring it to the attention of AGILINNOV, which will take the necessary measures to put an end to the issue.

3.2 Terms and conditions of access to the Service

The Service is intended only for natural persons of legal age acting in a non-professional capacity and residing in France.

Access to the Website and the Application is free of charge.

Members must attest that the information provided for the creation of their account is completely accurate. Users placing an order without an account also attest that the information provided is completely accurate. Creating an account or placing an order under the identity of a third party or under a false identity is strictly prohibited. Any breach of this Article may result in the immediate suspension of the user account of the person concerned.

Article 4 – Rules of access to the SHOPOPOP Service

4.1 The SHOPOPOP Service is only accessible via the Website and the Application. The SHOPOPOP Service must be accessed via a virtual Member account (according to the conditions laid out in Article 3.2).

4.2 Users who wish to become a Member to access the SHOPOPOP Service can create a virtual account by clicking on the "create an account" tab and then filling in the form with all the mandatory data.

Successful creation of a Member account is subject to acceptance of these Terms and Conditions.

Article 5 – Terms of use of the Service

5.1 Placing Orders – Deliveries

5.1.1 To submit a delivery request on the Website, the User or Member must:

●      Be of legal age

●      Have the legal capacity to contract

●      Reside in France

●      Have made an online purchase on a website offering a "click and collect" service, with an order due to be collected in store for which they have paid in full before publishing a delivery request on the Website or Application.

5.1.2 After accessing the Service according to the conditions laid out in Article 4, the User or Member is invited to submit their delivery Order. Such an Order must take the form of a delivery request post, the terms of which are partly predefined by a form to be completed.

The following information must be provided: the store where the order is due to be collected, the order reference provided by the store, the value of the order, the number of Packs, the drop-off location, and the desired delivery date and time.

The Recipient may also provide details of the floor to which the shopping is to be delivered and, if applicable, the presence of a lift. The User or Member may add additional comments in the box provided. Writing racist, violent, insulting, discriminatory, misogynistic or hateful comments in this box is strictly prohibited. Any comments that do not comply with these rules, or, more generally, with the laws and regulations in force, must be immediately reported to the publication director at [email protected], who will take the necessary measures to put an end to the issue.

5.1.3 Once all the information has been filled out and checked, the User or Member is invited to look over their order summary and approve it.

Once it has been approved by the Member, the Order will be automatically posted online.

5.1.4 The User or Member will then receive a confirmation email and SMS from AGILINNOV regarding the receipt of their delivery request, with a summary of the information provided and a code to be provided to the Deliverer who accepts their delivery.

5.1.5 Recipients who place an Order on the Website are hereby informed that the Service allows for delivery requests to be shared online between private individuals, with no implied guarantee of delivery.

It is possible that delivery requests posted online will receive no response and that no Deliverer will be willing to accept the requested delivery.

The Recipient will then have the option to cancel their Order or reschedule it to a later date or time.

In such a case, AGILINNOV undertakes to contact the Customer before the delivery time requested by the Customer.

5.2 Accepting a delivery

5.2.1 To accept a delivery on the Application, the User or Member must:

●      Be of legal age

●      Have the legal capacity to contract

●      Reside in France - Have downloaded the latest version of the Application

●      For deliveries requiring a vehicle: the user must hold a valid driving licence for the applicable vehicle category, and must have valid insurance for the vehicle used.

5.2.2 After accessing the Service under the conditions laid out in Article 3, the User or Member may browse the online Orders.

They can see whether a delivery has been requested from a store they are visiting, to be delivered to a destination close to their home, or whether a delivery has been requested on a journey they are making.

As a reminder, the Website is based on a spirit of collaboration. Under no circumstances should deliveries be made for commercial gain or with the aim of making a profit.

5.2.3 If a delivery is of interest to the Deliverer, the Deliverer can select the relevant delivery and confirm their acceptance of the delivery.

The Deliverer will have access to all the information concerning the delivery to be made via their account on the Application, and will receive confirmation by email that they have accepted the delivery.

5.2.4 On the day of the delivery, the Deliverer should go to the relevant store, collect the order placed by the Recipient using the name and order reference communicated to them via the Application, and make their way to the Recipient's home using the GPS integrated into the Application.

The delivery should be made to the Recipient's door, or any other place agreed between the Deliverer and the Recipient.

In general, AGILINNOV undertakes to send information relating to order tracking and collection to the Recipient and the Deliverer by way of notifications to each party's account, as well as by email or SMS.

5.3 Behaviour during deliveries:

When using the Platform, we ask that you undertake:

●      To guarantee the accuracy, integrity and lawfulness of the identity and contact information you provide on the platform;

●      To ensure correct use of the platform;

●      To create only one account on the platform;

●      To refrain from entering information and/or sending messages, comments and other content that is malicious, disparaging, defamatory, abusive, obscene, pornographic, violent, racist, xenophobic, discriminatory, deliberately misleading, unlawful and/or contrary to public order or morality;

●      Not to alter or jeopardise the integrity of the platform and/or the data contained therein;

●      Not to attempt to obtain unauthorised access to the platform or the systems or networks associated with it, or to intercept data;

●      To use the platform in compliance with applicable national and/or international laws and regulations.

Article 6 – Rewards, Service Charges and Referrals

6.1 When placing an Order online, the Recipient shall proceed with the online payment of the Reward and the related Service Fee, if applicable.

The Reward amount is calculated using an algorithm developed by AGILINNOV, which takes into account several criteria, including the delivery distance, the volume of the Recipient's order, and any difficulties in accessing the drop-off location.

Profiting from the use of the SHOPOPOP Service is strictly prohibited.

In return for using the SHOPOPOP Service, AGILINNOV charges the Recipient Service Charges.

The Service Charges, as determined by AGILINNOV, are set at 20% of the Reward.

The Customer will be informed before any Service Charges are applied.

The amount of the Reward and the Service Charges is displayed, in euros and including all taxes, when the Recipient creates their delivery request post.

6.2 Referral

Each Deliverer has a unique referral code to introduce friends and family to the platform. This referral code works as follows: if a Deliverer (the "referrer") shares their code with an acquaintance (the "sponsored person"), they will both receive a €5 bonus if the sponsored person opens a Shopopop account with the referral code and makes at least one delivery.

The total bonus that Deliverers can earn by introducing their acquaintances to the platform is capped at €100. Once they have reached this bonus limit, referrers will no longer receive any bonuses.

Article 7 – Right of withdrawal

Recipients may delete the delivery request posts they publish online at any time before a Deliverer responds by contacting AGILINNOV via online chat, telephone: +33 (0)2 49 88 13 13 or email: [email protected].

When a Deliverer clicks on the "reserve delivery" button, the Recipient will be notified by email and SMS, and a contractual relationship will be established between them.

The Recipients are hereby informed that the withdrawal period provided for in Article L121-20-12 of the French Consumer Code does not apply to their relationship with the Deliverer, who is acting in a non-professional capacity.

For their part, the Deliverers are hereby informed that by clicking on the "reserve delivery" button, they irrevocably accept the conditions proposed by the Recipient and undertake to respect them. The consequences of any impediment to delivery must be discussed directly with the Recipient in question.

Article 8 – Liability

8.1 Liability in the event of improper performance of the contract between the Recipient and the Deliverer

AGILINNOV provides the Service as a host and is in no way involved in the contractual relationship between the Deliverer and the Recipient.

AGILINNOV cannot be held liable for failure to perform or improper performance of the contract formed between the Deliverer and the Recipient, and the consequences arising from any proven breaches shall be settled directly between them.

The Recipients and Deliverers are therefore solely liable for any direct or indirect, material or immaterial damage or loss incurred between the parties or with a third party in the performance of the contract between them.

Within the limits of the laws in force, AGILINNOV cannot be held liable under any circumstances for direct or indirect damage resulting from/in connection with the use, inability to use or provision of the information, services, products and elements available on this Website.

AGILINNOV cannot be held liable for damage of any kind that may result from the User's failure to perform or improper performance of these Terms and Conditions, from an unforeseeable or insurmountable act by a third party, or from a force majeure event, as typically defined by French law and jurisprudence.

8.2 Availability of the Website and the Application

AGILINNOV undertakes to do everything possible to enable Users to access the Application and the Website 24 hours a day, 7 days a week.

However, AGILINNOV reserves the right to modify or interrupt, at its sole discretion, on a temporary or permanent basis, total or partial access to the Website or the Application, especially for maintenance of the Website or the Application.

8.3 Consultation and use of the Website and Application

Consultation and use of the Website and the Application are the sole responsibility of the User.

The Website and the Application contain links to third-party websites whose content AGILINNOV cannot guarantee, which the User acknowledges and accepts. Users are solely responsible for accessing these third-party websites, which means that AGILINNOV cannot be held liable for any damage resulting from access to and/or use of these third-party websites.

Article 9 – Limitation of access and suspension of Member accounts

9.1 In the event of a breach by a Member of these Terms and Conditions, particularly the obligations laid out in Articles 3.2 and 5, or if AGILINNOV deems that its security and integrity, or those of Users or third parties, are in jeopardy, AGILINNOV reserves the right, at its sole discretion, to resort to the measures laid out below, which may be cumulative:

(a) Prevention of the publication of any content on the Website or the Application (comments, Orders, etc.).

(b) Temporary or permanent suspension of the account of the offending Member. Non-exhaustive list of reasons for temporary or permanent suspension:

●      When the Deliverer's cancellation rate is too high and their activities are no longer aligned with the collaborative model.

●      Abusive behaviour with the aim of overwhelming the customer service department (last-minute cancellations, use of tools to automate use of the Application, etc.).

(c) Permanent deletion of the offending Member's account.

9.2 AGILINNOV will inform the Member in question of the implementation of any of these measures as soon as possible.

Article 10 – Intellectual property rights

"SHOPOPOP" is a registered trademark.

The texts, images and other content appearing on the Website and the Application are protected by intellectual property rights and are the exclusive property of AGILINNOV.

The reproduction, imitation or total or partial representation of AGILINNOV's intellectual property may constitute an infringement punishable by the provisions of the French Intellectual Property Code and/or a tort for which the author can be held civilly liable.

All Users undertake not to infringe AGILINNOV's rights, either directly or indirectly. In particular, they must refrain from:

●      Any use of the Application or the Website for the purposes of designing, producing, distributing or marketing similar, equivalent or substitute services,

●      Any adaptation, modification, transformation or arrangement of the Application or the Website, including for the purpose of correcting a malfunction,

●      Any decompilation, reverse engineering or disassembly of the Application or the Website, in whole or in part,

●      Any assignment, transfer or rental, in whole or in part, whether in return for payment or free of charge, of the Application, the Website or the rights of use granted above,

●      Any direct or indirect transcription or translation of the Application or the Website,

●      Any modification or circumvention of the protection code, such as access codes or login details.

Article 11 – Personal data

Pursuant to French Law no. 78-17 of 6 January 1978 and European Data Protection Regulation no. 2016/679 (the GDPR), Users are reminded that the personal data requested from them is necessary for the management of the Website and the Application and for the proper functioning of the SHOPOPOP Service.

Users' data is retained by the company for the length of time required to manage the commercial relationship, with the exception of data required to establish proof of a right or contract, which may be archived in accordance with the provisions of the French Commercial Code relating to the retention period for books and documents created in the course of commercial activities, and the provisions of the French Consumer Code relating to the retention of contracts concluded by electronic means, i.e. 10 years.

Users' data is retained by the company for commercial prospecting purposes for 3 years from the end of the commercial relationship.

Sharing personal data with third parties:

The personal data processed is intended for authorised persons involved in the Shopopop Service and their line managers.

Certain personal data that is strictly necessary for the Shopopop Service is transmitted between the Recipient Member and the Deliverer Member.

Security and confidentiality:

The company implements organisational, technical, software and physical digital security measures to protect Users' personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment, and the company cannot guarantee the security of the transmission or storage of information on the Internet.

Transfer of data outside the European Union:

Users are hereby informed that personal data may be transferred outside the European Union by companies acting as subcontractors. However, the countries receiving personal data must be deemed adequate by the CNIL or, where no such decision has been taken, the company will impose similar requirements on its subcontractor.

Exercising Users' rights:

Pursuant to the applicable personal data regulations, Users have the right to access, rectify or delete data concerning them; the right to query, limit, or object to its processing; the right to data portability; and the right to give instructions concerning the fate of their personal data after their death.

Users may exercise these rights by writing to the following address: 1 ter Mail Pablo Picasso, 44000, Nantes, or at the following email address: "[email protected]", subject to proof of identity where applicable.

Users are also advised that they have the right to lodge a complaint with a supervisory authority.

This Article is supplemented by the Website's Privacy Policy.

Article 12 – Liability – Applicable law – Jurisdiction

12.1 These Terms and Conditions are governed by French law.

12.2 In the event of a dispute, the User undertakes to contact the customer service department prior to any legal action in order to attempt to settle said dispute amicably.

The User is hereby informed that, under Article L.612-1 of the French Consumer Code, they have the right to refer a dispute arising from these terms and Conditions to the consumer mediator: Association Nationale des Médiateurs (ANM), who may be contacted by post at 62 Rue Tiquetonne, 75002, PARIS, or by completing the online referral form at the following address: www.anm-conso.com.

12.3 Any dispute relating to the performance or interpretation of these Terms and Conditions will fall within the exclusive jurisdiction of the competent French courts according to the provisions of the French Code of Civil Procedure.

Article 13 – Digital wallet (balance)

13.1 Setting up the digital wallet

The digital wallet (or wallet) is a payment service provided by the payment service provider. When a User creates an account, they enter into a contract directly with the payment service provider and accept the payment service provider's terms and conditions. When the User's account is created, a digital wallet will also be created using their first name, last name, date of birth and email address.

13.2 KYC checks

In order to validate their account (in order to receive money from their wallet and make bank transfers), Users will be subject to the regulatory procedures implemented by the payment service provider, such as identity checks and other KYC (Know Your Customer) requirements. The payment service provider may also carry out KYC checks on Users whom it suspects of engaging in potentially fraudulent or suspicious practices. For the purposes of identity verification, the User must provide information such as a copy of their passport, identity card, residence permit or driving licence, as well as their country of residence and nationality, at the request of the payment service provider via the Onfido services (link to the terms and conditions of use). If a User does not provide the documents required by the payment service provider, the User will not be able to access the delivery service. The payment service provider may also suspend the User's ability to carry out transactions using their digital wallet. If, on the other hand, a User has committed an illegal act, for example by uploading a fraudulent document or taking any other illegal action which leads the payment service provider to deem the User's behaviour fraudulent, the User will be determined not to have complied with the KYC requirements and will not be able to pay or access the funds.

13.3 Transferring funds held in a digital wallet

Users can transfer funds from their digital wallet to their bank account. Such transfers will be carried out by the payment service provider. To use this option, Users must first enter their IBAN (bank account number), full postal address and country of residence on their account. They must then sign a direct debit mandate to give Shopopop the right to debit the amount of the purchases in the event of an incident (theft). The User may make a payment into a bank account in euros opened in a bank in the European Union/European Economic Area. Payments to bank accounts in other currencies and/or outside the European Union/European Economic Area are not available.

Last update : 9 January 2024