General Terms of Use
Article 1 - Designation
These general terms of use ("GTU") govern the contractual relationships between the company MPUS IMMO, trading as My Pop Up Store ("the Company"), registered in France under the SIRET number 51417803700032, with its registered office located at 41 rue de l’Échiquier 75010 Paris, and any natural or legal person ("the Client" or "the Owner") wishing to rent a temporary space or benefit from the services of the Company.
By validating an order or signing a contract with My Pop Up Store or in its presence, the Client unreservedly accepts these GTU.
MPUS IMMO, holder of the real estate transaction card, business assets, and property management: No. CPI 7501 2018 000 037 894.
Article 2 - Definitions
Agency: MPUS IMMO, trading as My Pop Up Store
Client: any legal or physical person who requests the services of the Agency to find a location suitable for their request
Contract: agreement between the Owner and the Client, possibly in the presence of the Agency, which defines the rules for the proper execution of their agreement
Space: physical location, whether it is an area enclosed by four walls or a floor area, made available by the Owners for the benefit of the Clients through the Agency
Fees: search fees charged to the Client by the Agency in case of success
Rental: provision of a Space by an Owner to a Client for a predefined period
Rent: fee paid to the Owner for the provision of their Space
Rate: amount of the rental including the Agency's Fees
Parties: entities signing the Contract
Project: non-exhaustive and non-definitive description of the Client's ambitions to the Agency in order to initiate a search
Extension: action of lengthening the duration of the Rental
Owner: any legal or natural person who requests My Pop Up Store to make their space available
Search: action of the Agency to find the most suitable location for the Client's Project
Renewal: new Rental between an Owner and a Client who have been introduced through the Agency
Site: website mypopupstore.clients11.dids.fr which allows the listing of Spaces and the Search for Clients
Article 3 - Purpose of the general terms
These General Terms aim to govern the commercial relationships of the Agency My Pop Up Store with the Clients and Owners who request its Search services.
Article 4 - Search initiated by the Client
The Client has the option to describe their Search to the Agency through several means:
by filling a basket with Spaces that correspond to their described project and sending it to the Agency
by email: contact@mypopupstore.fr
by phone: 01 84 17 87 50
By sending a Space of interest to the Agency, or if the Agency proposes a Space to the Client that they are not aware of which corresponds to their Project, the Client explicitly agrees not to contact the Owner without the Agency's intermediary.
Article 5 - Publication initiated by the Owner
By sending the Agency the necessary information for the publication of their Space, the Owner agrees that it will be published on the Site and visible to all its visitors.
The Owner commits to sending the Agency correct and up-to-date data.
The Owner may request in writing that their Space be listed in the Agency's database but remain invisible to the Site's visitors. In this context, the Agency commits to ensuring that the information related to the Space is not disclosed on the Site.
When the Agency presents a Client's Project to the Owner, the latter explicitly agrees not to contact the Client without the Agency's intermediary.
Article 6 - Rate and payment of Rent and Fees
Spaces are presented to the Client at a Rate expressed excluding taxes and including Fees.
The Rate indicated on the Site is indicative and may vary depending on rental periods and durations. All requests must be confirmed in writing by the Agency, which will seek the Owner's confirmation, or if applicable, a quote adapted to the specific period requested by the Client.
The Agency cannot be held responsible for any variation in the Rate for which the Owner is the sole reference.
The Agency's Fees are the responsibility of the Client and amount to 20% in addition to the total Rent paid to the Owner, unless expressly agreed otherwise between the Agency and the Client. The Agency's Fees are billed directly by the Agency.
The Rent is billed directly by the Owner to the Client, through the Agency, which will transmit the necessary billing information and follow up on payment with the Owner.
Article 7 - Payment terms
The standard payment terms are:
for the Rent: unless expressly agreed otherwise between the Parties, 50% upon signing the Contract, 50% no later than 10 working days before the entry inventory, upon presentation of the invoice
for the Fees: unless expressly agreed otherwise between the Parties, 100% upon signing the Contract, upon presentation of the invoice.
Any modification regarding the payment terms must be indicated in the Contract signed between the Parties, which accepts it by signing.
Article 8 - Rental conditions
All Rentals will be subject to a contract between the Owner and the Client, possibly in the presence of the Agency.
Each of the Parties present in the contract is fully responsible for its proper execution.
Article 9 - Cancellation policy
The Owner cannot, except in cases of Force Majeure beyond their control, cancel the rental they have validated by a contract with the Client.
If the Client cancels their Rental:
Within 60 days prior, 50% of the Rent and 100% of the Fees will be due.
Between 59 days and 31 days before its start, 75% of the Rent and 100% of the Fees will be due.
Within the last 30 days prior, the full Rent and Fees will be due.
These amounts must be paid no later than 8 working days after the cancellation.
Article 10 - Extension and Renewal
Within 24 (twenty-four) months following the end of the last Rental between the Owner and the Client, the latter agrees to call upon the Agency for any intention of Renewal or Extension.
The Agency will conduct discussions between the Parties and will collect Fees in case of Renewal or Extension.
This scheme applies to the Space previously rented by the Client through the Agency as well as to all other Spaces of the Owner.
Article 11 - Liability and insurance
The Owner agrees to be compliant with the necessary insurance for the operation of the Space they provide to the Client.
The Client agrees to be insured for the operation of the Location provided to them by the Owner.
At any time, the Agency may request the Parties for their insurance certificate. In case of default, the Rental will be canceled and compensation may be claimed by the Parties in accordance with our cancellation policy (Article 9 of these GTU).
The Agency cannot be held responsible for any direct or indirect damages resulting from the operation of a Space rented through its intermediary.
Article 12 - Deposit/Security deposit
All Rentals must be subject to a security deposit from the Client for the Owner, who collects it alone. The Owner is free to choose the form and amount.
The security deposit does not accrue interest and must be returned to the Client by the Owner within 10 working days after the end of the Rental if no damage or unpaid amounts are noted. Any retention on the deposit must be justified by the Owner.
Article 13 - Force Majeure
Any event causing one of the Parties to be unable to fulfill their obligations under the Contract (war, natural disaster, general strike, government decision) is considered a Force Majeure event.
In the event of Force Majeure, the obligations of the Parties are suspended for the duration of the Force Majeure event.
Article 14 - Personal data
The information collected during the reservation or registration of the Client or the Owners will be used solely for the purpose of publication and search for Space by the Agency, in accordance with data protection regulations (Regulation (EU) 2016/679 of April 27, 2016, known as GDPR). The Client and the Owner have the right to rectify and delete their data, even if this data is not visible on the Site.
Article 15 - Applicable law
These GTU are governed by French law. In the event of a dispute, the parties will strive to amicably resolve the disagreement. Failing that, the dispute will be submitted to the competent jurisdictions of the Agency's registered office.