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Terms and Conditions of Use - Poppins

Last updated: 16 February 2026

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Introduction

Access to and use of the website and application https://www.wearepoppins.com/ (hereinafter referred to as the "Application") are subject to the acceptance and compliance with the provisions of these terms and conditions of use (hereinafter referred to as the "Terms") by all Users, visitors and other persons who access and use the Application (the "User(s)" or "you"). Please read these T&C carefully before using the Application.

The Application is the property of POPPINS, a simplified joint stock company registered with the Paris Trade and Companies Register under number 929 553 691, with its registered office at 38 Rue Quai Henri IV, 75004 Paris, France ("POPPINS" or "we"). POPPINS reserves the right to update the Terms of Use at any time. We therefore recommend that you consult the Terms of Use regularly to familiarise yourself with the most recent version.

POPPINS offers Users the possibility to (i) place an order for an item or a location (this item or location being referred to in this document as the"Item(s)") (the "Order") and/or (ii) publish an advertisement so that it can be ordered and loaned by another User (the "Advertisement(s)").  Items may be shared free of charge or for a fee. 

Items are shared by owners (the "Owners") and ordered by borrowers (the "Borrowers"). The ability for the Borrower to place an Order and for the Owner to publish a Listing and obtain payment for the Share constitute the services offered by POPPINS (the "Services").

You declare that:

  • You are of legal age according to the laws of the country that apply to your situation, otherwise you must not use the Application under any circumstances;
  • You are legally capable of entering into binding agreements.

By using the Application, you acknowledge that you have accepted all the provisions of these Terms of Use and agree not to use the Application for any purpose other than those described in the Terms of Use.

POPPINS' Privacy Policy and Cookie Policy are also available at any time on the Application and constitute the entire agreement, together with the Terms of Use. By accepting the Terms of Use, you also accept the Privacy Policy and Cookie Policy.

Article I. Our concept

Any User, whether professional or not, may create an account on the Application and either place an Order                                                      or publish an Advertisement. 

Advertisements are displayed on the Application and the Borrower may place an Order for an Item after entering the desired date(s) and/or time(s), provided that the Item is available on those dates and/or times. Once the request has been entered by the Borrower, we send it to the Owner, who either accepts or rejects it (the "Confirmation").

In all cases, we send an email notification to the Borrower to inform them of this acceptance or refusal. This decision is also visible on the Borrower's and Owner's accounts.

Once the Owner has given their Confirmation, they prepare the Item and make it available (the "Pick-up") on the date and at the time agreed and for the duration specified in the Order (the "Share"). The Share ends when the Item is returned, left or emptied by the Borrower (the "Return")..

POPPINS simply arranges the connection between the Owner and the Borrower and is not a party to the agreement giving rise to the Sharing. The legal relationship between POPPINS and the Owner and between POPPINS and the Borrower is limited to the intermediary service between the Owner and the Borrower.

To the extent permitted by law, POPPINS is not responsible for the Item or for compliance with any agreement concerning the Item entered into between the Owner and the Borrower.

Article II. Account Management

       2.1 Account Creation

In order to access the Services, the User must create an account by registering for free on the Application. The User agrees to register using a single email address.

The User must be of legal age and legally capable of entering into contracts and using the Application in accordance with these Terms of Use. The User undertakes to provide accurate information and to update it immediately in the event of any changes.

Professionals must open an account as professionals and indicate in all registration messages that they are acting as professionals. Otherwise, professional users are liable to the following penalties for misleading commercial practices:

  • France - up to 2 years' imprisonment and a fine of €300,000 (Article L. 132-2 of the Consumer Code).
  • Belgium - a fine of €80,000 (Article XV. 83, 13° of the Belgian Economic Law Code).

Access to the account created is protected by a username (the User's email address) chosen by the User when registering on the Application. Users are solely responsible for any use that may be made of their username, and are solely responsible for its confidentiality, as well as for any use of their accounts.

When concluding a Share, and in order to validate their identity, the User may be asked to provide personal information via the payment service provider selected by POPPINS (the "Verification"). In this context, they will be required to accept the general terms and conditions of sale of this service provider. The amount and level of information requested depends on whether the User is a Borrower or an Owner and whether they are acting as a professional or a consumer.

       2.2  Deleting an account

Users may delete their accounts on the Application. The account will then be automatically deleted by POPPINS and Users will receive a confirmation email. All Item Listings that the User may have posted will also be permanently deleted.

The User's account will not be deleted while a Share is in progress, whether the User is a Borrower or an Owner.

In the event that Users provide false, inaccurate, outdated or incomplete data, or if Users violate these Terms of Use in any way, POPPINS shall be entitled to suspend or terminate the User's account and deny them access to all or part of the Services in the future.

Article III. Description of Services

        3.1 Description of the Services offered on the Application

The Services include:

  • Connecting Users by enabling Owners to create Listings on the Application and providing Users and Borrowers with a database enabling them to find suitable results and Listings;
  • Providing Borrowers with access to information about Owners and comments from other Users;

The Application is only a means of connecting Users.

The Borrower authorises POPPINS, if the Borrower makes a request relating to an Item offered by a Professional Owner, to contact, on behalf of and for the account of the Borrower, the said Professional Owner with a view to Sharing the said Item. If the professional Owner accepts the Sharing, POPPINS is also authorised, on behalf of and for the account of the Borrower, to accept the professional Owner's terms and conditions and, after receiving the funds from the Borrower, to pay the price of the Item to the professional Owner after deducting POPPINS' fees. The Borrower undertakes to comply with the said terms and conditions. The Sharing will be concluded between the Borrower and the Professional Owner via the Application.

References to Listings are listed solely on the basis of the results sought by the User searching for a listing. No Listing is deliberately optimised by POPPINS, whether for commercial, advertising or other purposes.

       3.2 Description of the relationship between the Borrower and the Owner

The Borrower contacts the Owner via the Application. They discuss the scope and conditions of the Sharing via the Application.

In the case of a paid Share, the Owner or Borrower may send a payment proposal in the Application for the other party to accept:

  • If the Owner receives a proposal, they may either accept it and send a Confirmation to the Borrower, or propose a different price. 
  • If the Borrower receives a proposal, they may either accept it and proceed with payment, or make a counter-proposal (if negotiation is enabled by the Owner).

Once the Confirmation has been made, the Borrower and the Owner are bound by a Share. In the case of a paid Share, the Borrower pays the amount of the Share.

The Owner and the Borrower agree to make all payments relating to the Share via the Application.

Once the Confirmation has been completed and validated on the Application by the Owner and the Borrower:

  • For paid Shares, a confirmation email is sent by POPPINS to the Borrower;
  • Payment is entered at the time of Confirmation and before Pick-up;
  • The funds are controlled and held securely by POPPINS' payment service provider, OPP, in escrow; 
  • The Borrower and the Owner shall meet in person at the agreed meeting place, on the agreed date and at the agreed time, and the Owner shall provide the Item in the manner agreed by the Borrower and the Owner. The Owner and the Borrower have a right of cancellation under the conditions set out in Article VIII. 
  • Confirmation of Collection shall be made by the Owner by means of a visual code. 
  • The Borrower shall return the Item in the same condition as when the Borrower collected or found it, except for normal wear and tear. 
  • The Owner shall confirm the Return on the Application by means of a visual code.
  • A forty-eight (48) hour claim period shall commence from the return of the Item, during which Users may report any dispute relating to its condition (hereinafter the "Claim Period"). In the event of a claim, it shall be handled in accordance with the terms set out in Article 9 hereof.
  • Invoices are available on request directly via the Application.

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A holiday mode is available to all Users to temporarily hide the Items they share as Owners. When this mode is active: 

  • Borrowers cannot view or request to share the Owner's Items; 
  • Listings remain registered in the event that the Owner deactivates holiday mode.

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        3.3 Rating system

Once the Sharing is complete, Borrowers are invited to rate the Owner and the condition of the Item as described in the Listing. The rating left by a Borrower may appear on the Owner's profile.

Similarly, once the Sharing is complete, Owners are invited to rate the Borrower. The rating left by an Owner may appear on the Borrower's page.

Each User undertakes to write and publish reviews containing respectful and reasonable comments. Consequently, each User must not publish any review that in any way violates the internal communication rules of the Application, such as                           as listed in Article X.

POPPINS does not systematically monitor published reviews. However, POPPINS is authorised to delete or modify at any time reviews published, downloaded or transmitted to the Application in the event that the review violates one or more of the prohibitions mentioned above or is considered fraudulent.

The reviews contained in the Application are provided for information purposes only and do not constitute an opinion of POPPINS. The reviews reflect the opinions of Users who have placed Orders or Shares through the Application. The statements, advice or opinions provided by these individuals are their own.

Therefore, to the fullest extent permitted by law, POPPINS assumes no responsibility to anyone for any reviews, including, without limitation, any errors, distortions, obscenities, omissions or misrepresentations that the User may encounter in                such reviews.

POPPINS may store the reviews.

The User shall receive no remuneration or benefit for the reviews they provide to the Application.

Article IV. Accessibility of the Application

The Application is accessible without interruption, except in cases of force majeure, Application maintenance or intervention by a third party. In such cases, the interruption of access will be notified by means of a warning on the Application's home page or by any other means.

POPPINS reserves the right to make any changes and improvements to the Application and Services that it deems necessary or useful for the proper functioning of the Application and Services.

The User is personally responsible for setting up the IT and telecommunications equipment necessary to access the Application. Telecommunications costs associated with accessing the Internet and using the Application are the responsibility of Users. POPPINS shall not be liable for any damage caused by your inability to access our Application for any of the reasons described above or for any other reason, including, without limitation, any error, interruption or defect occurring in the use of our Application, any delay in operation or transmission, or any damage related to viruses or other malware that may be contained in our Application, unless caused by intentional or gross negligence, or any other liability that cannot be excluded under applicable law.

Furthermore, POPPINS may terminate access to the Application at any time in the event of a breach of these Terms of Use by the User.

Article V. Advertisements

POPPINS does not manufacture, make, sell, purchase, store, prepare, produce, process, brand, package, deliver or handle the Items.

                           The Items offered by Owners are very varied, although certain restrictions must be taken into account by the Owner when offering an Item for Order. Thus, the Item must not be:

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  • Prohibited from lending or selling: weapons, drugs, contraband goods, etc.
  • Regulated: motor vehicles, medical equipment, equipment requiring professional training to use, etc.
  • Dangerous: defective products, locations that do not comply with safety standards, etc.
  • In violation of a law: intellectual property (counterfeiting), privacy, etc.
  • Not suitable for sharing for any reason: food products or products intended for                        that expire quickly, single-use hygiene products, products that do not match the description (e.g. renting a garden for a child's birthday party when the venue is not safe enough for children), etc.
  • Of a sexual nature or intended exclusively for adults: for example, any product whose purpose is to cause or maintain a state of sexual stimulation in the person using it;
  • An Item made specifically for the Borrower;
  • For services or sharing that necessarily include services provided by the Owner: consequently, the Owner would use the Item for the benefit of the Borrower or remain present during the rental to provide services, etc.
  • A lease for a period exceeding three (3) months;
  • A rental for accommodation purposes: any rental must be made with a view to occupying the premises for a specific and spontaneous activity or for storage;
  • Premises containing valuable items: premises containing items with a total value equal to or greater than €20,000.

Article VI. Prices

          6.1 Payment and security deposit

Items may be shared free of charge or for a fee. 

The prices for paid Shares are set freely by the Owners, but they may not be less than one euro and fifty pence (£1.50) per day of Sharing. 

The prices indicated by the Owner are expressed in the currency of the country in which the Item is located and include all taxes. These prices automatically include POPPINS warranty as described in Article 9.1 of the Terms and Conditions ("POPPINS Warranty").

The Borrower acknowledges that the price indicated to other Users in the Advertisement includes the Fees as described below. The net amount to be received by the Owner is communicated to the latter upon finalisation of the Sharing Advertisement, after deduction of the Fees (as described below) from the Sharing price to be paid by the Borrower.

In the context of a paid Sharing of an Item, the Borrower will be asked to authorise the deduction of a security deposit at the time of the Order (hereinafter the "Security Deposit"). An attempt may be made to authorise the deduction of the Security Deposit amount from the Borrower's payment method a few days before the start of the Sharing in order to verify its validity. At the end of the Sharing, and if no claim has been made during the Claim Period, the Security Deposit will be released in full to the Borrower within twenty-four hours of the end of the Claim Period.

With the exception of the Security Deposit, no deposit can be paid or refunded through the POPPINS Application. However, provided that the Owner indicates this in the description of the Share (including the amount, payment method, and return conditions), the Owner may request a deposit from the Borrower when meeting the Borrower (outside the control of POPPINS or the payment system). The Owner shall return the deposit under the agreed conditions and in good faith.

Owners are encouraged to take out separate insurance for any valuable items they wish to share on the Application.

           6.2 POPPINS Fees

In return for its Services, POPPINS shall receive a commission on all paid Shares, equal to twenty per cent (20%) of the amount payable to the Owner for the Order upon Confirmation, with a minimum amount of €1.50, this amount being deducted from the Order Price to be received by the Owner via POPPINS' payment service provider (the "Fees").

The Fees include Poppins Warranty as described in the Terms and Conditions. 

6.3 Taxes

"Tax(es)" means taxes, duties, levies, charges, deductions or withholdings of any kind imposed by a governmental entity or tax authority.

Users, whether professional or non-professional, shall be liable for, and agree to pay promptly when due, and to indemnify and hold POPPINS harmless upon demand, on a full indemnity basis, for and against any value added tax, goods and services tax, transfer tax, sales tax, use tax, excise tax, customs duty, turnover, personal property or other similar taxes, as well as  all assessments, penalties, fines, tax or interest additions, filing fees, notary fees,         customs duties or similar duties, assessed, imposed, claimed, levied or payable on the Sharing of the Item or otherwise imposed in connection with the Sharing.

Article VII. Method of payment

For the implementation of the payment system, POPPINS has subscribed to the services of Online Payment Platform BV, authorised by the Central Bank of the Netherlands, registered under number R124325 and entered in the Dutch Commercial Register under number 50124498, with its registered office at Kanaalweg 1, 2628 EB Delft, Netherlands (hereinafter "OPP"). 

Users contract directly with OPP for the payment system and declare that they accept OPP's terms and conditions, which are available here: [OPP Terms and Conditions]

Payment by the Borrower for the Share and Services shall be made by:

  • Debit or credit card;
  • Visa/Mastercard; 
  • Google Pay; or
  • Apple Pay.

Once payment has been made by the Borrower, the amount is verified and held in escrow by OPP until the Owner receives it under the following conditions. POPPINS is at no time in possession of or in control of the Borrower's funds.

In order to receive payments for the Order, Owners must first enter their international bank account number (IBAN). Payment is also organised by OPP.

Owners will only receive payment after:

  • The Share is delivered to the Borrower;
  • The Return of the Share has been confirmed by the Owner (if applicable);
  • The Borrower and Owner have provided the required personal information and have been verified by OPP as indicated in Article 2.1;
  • Pending payments are released every Monday, with the actual date of arrival in the User's account depending on their bank;
  • Pending payments are only paid once the Verification referred to in Article 2.1 has been completed. Otherwise, they remain in escrow until this Verification is completed or if the User closes their Poppins account. In the event of a definitive refusal of Verification, pending payments may remain blocked for the maximum period permitted by law. Once this period has expired, if no payment is legally possible, the funds may be processed in accordance with the legal obligations and compliance requirements in force (in particular with regard to the fight against money laundering and terrorist financing). The User is informed of this and accepts it. 

Once all the above conditions have been met, OPP will release the funds to the Owner after deducting the Fees.

POPPINS has agreed to act as the "merchant of record" under its contract with OPP, without prejudice to the provisions contained in these Terms and Conditions.

Article VIII. Cancellation policy and right of withdrawal

Users may cancel their Order before the Borrower picks up the item. To cancel, Users may use the cancellation button in the Application. 

  • In the event of cancellation more than twenty-four (24) hours before the scheduled Pick-up date, the full Sharing Price shall be refunded to the Borrower within fifteen (15) days, and no compensation shall be due to the Owner. 

In the event of cancellation less than twenty-four (24) hours before the scheduled Pick-up date, no refund will be made and the Sharing Price will be retained as compensation for the Owner.

In any other situation, POPPINS will not refund the price of the Order or its Fees, unless otherwise provided for in Article 9. All Orders become final and non-cancellable once the Pick-up has been completed.

By accepting these Terms and Conditions, all Users agree that their cancellation rate as Users will be monitored and that their account may be blocked if the number of cancellations is unreasonable and detrimental to other Users. 

In addition to this cancellation policy, consumer Users who enter into contracts with professional Users have fourteen (14) days to exercise their right to withdraw from a distance contract without having to justify their decision, in accordance with Article L221-18 of the Consumer Code. If the Order is placed less than fourteen (14) days before the start of the Share, the right of withdrawal applies for the period between the Order and the start date of the Share. The consumer User will be refunded for each Order without having to pay any additional fees. 

Article IX. Disputes between Users – Damaged or lost items

9.1 Disputes or disagreements between Users

POPPINS' Services are limited solely to providing a platform for Users, and Users manage their own relationships with each other.

However, in the event of a disagreement between a Borrower and an Owner, or if, upon Return, the Item is damaged compared to when it was picked up, or if the Item is not returned, the User undertakes to inform POPPINS via the POPPINS Warranty page of the Application within the Complaint Period. POPPINS will offer mediation between the Users. This mediation may include sending photos of the item on the date of deposit and on the date of return, exchanges between the parties, and any other information deemed useful. Users shall provide this information within a reasonable time frame so that POPPINS can analyse the situation and propose an amicable solution. In this case, Users undertake to make their best efforts to discuss and find an amicable solution within 10 days. Users undertake to comply with POPPINS' decision.

In addition, if Poppins deems it useful, it will conduct an investigation to establish the cause of the damage and the amount of loss suffered by the Owner as a result of the damage or loss, which may lead to the application of POPPINS Warranty and/or the Security Deposit.

Depending on the claims and findings, POPPINS may decide to block a User and is not required to explain or justify this action to the User in question.

In the event of a dispute between a professional User and a consumer User, any consumer has the right, pursuant to Article L. 612-1 of the Consumer Code, to seek the assistance of a consumer mediator free of charge with a view to reaching an amicable resolution of the dispute between them and a professional.

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9.2 POPPINS Warranty

POPPINS provides the Owner and the Borrower with financial protection for the Items made available to the Borrower on the Application. Poppins, together with its service providers and subcontractors, manages and releases the Security Deposit and/or may, at its sole discretion and depending on the outcome of the investigation and mediation procedure, cover the material damage caused to the Item up to a limit of five thousand euros (€5,000) or the Security Deposit. 

It shall only intervene:

  • only in the event of refusal of coverage by the Owner's and Borrower's personal insurance, upon receipt of written proof of refusal of coverage by each insurer of the material damage concerned.
  • Provided that the conditions listed in the Poppins Warranty section of the FAQ and these General Terms and Conditions of Use are met and within the limits set by the latter

Unless expressly stated otherwise, POPPINS Warranty ensures the security of the application only for non-professional Users. It includes:

  • Secure payments through POPPINS' payment service provider, as described in Article 3.2; 
  • Profile verification through a secure identity verification process carried out by POPPINS' payment service provider, as described in Article 2.1; 
  • Content moderation and control, as described in POPPINS' CSAE policy;
  • Carefully selected Advertisements;
  • Customer service and, more generally, the Services provided by POPPINS as described in the Introduction.

POPPINS Warranty does not apply if payment is made outside the Application. POPPINS Warranty is not insurance and does not apply to damage caused by the Item to property or persons.

All claims made under POPPINS Warranty must be sent to POPPINS within 48 hours of the scheduled or actual Return date via the Application's help centre. If a claim is made after this period, POPPINS will not process it. The User must provide all information (including dates, the identity of the other User, supporting documents showing the value of the damaged or lost Item, supporting documents showing the potential loss of value of the Item, the cost of repair and/or the amount of the loss of value, etc.) and documents necessary for POPPINS to process the claim. POPPINS reserves the right to request additional documents and/or not to process or to cease processing any claim that is not sufficiently detailed or that is not likely to be serious or reasonable.

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Professional Owners are solely responsible for protecting the Items and may require Borrowers to use the insurance they offer.

Users can access the description of POPPINS Warranty by clicking on the following link: POPPINS Warranty.

9.3 Loss or damage to an Item during a Share - Use of the Security Deposit

Authorisation to withdraw the Security Deposit may remain in effect for the entire duration of the Share and, where applicable, for the duration of the procedures described in Article 9.1 and this Article 9.3.

If POPPINS receives a claim during the Claim Period, POPPINS will immediately withdraw the amount of the Security Deposit, which will remain in escrow with OPP, in its capacity as payment service provider, for the entire duration of the procedures described in Article 9.

In accordance with Article 3.2 hereof, the Borrower is required (1) to return the Item (2) in a condition consistent with that observed at the time of Collection, subject to normal wear and tear resulting from proper use.  

In the event of a breach of this obligation attributable to the Borrower, established after examination of the explanations and evidence provided by the Users in accordance with Article 9 hereof, POPPINS may retain, without prior notice, all or part of the Security Deposit as compensation for the damage suffered by the Owner or to compensate POPPINS for the costs incurred in compensating the Owner, up to the amount of the damage actually observed, and this without prejudice to the possibility for POPPINS and/or the Owner to seek compensation for the full amount of the damage suffered. POPPINS undertakes to act as soon as possible to determine the cause of the loss or damage to the Item and to inform the Borrower and the Owner of the results of the investigations carried out by POPPINS within a reasonable period of time. 

If no breach is established at the end of this investigation, the Security Deposit shall be returned in full to the Borrower with , within 7 working days.

Article X. Communications

When communicating via the Application or in the context of an Order or a Share via the tools offered by the Application, for example, comments when placing an Order or evaluations after the completion of a Share or via a published photograph, communications must not contain comments that may, including but not limited to:

  • Contain content that is insulting, violent in any way, threatening, defamatory, discriminatory or malicious, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other targeted groups;
  • Constitute illegal activities or encourage illegal activities;
  • Be spam, machine- or randomly-generated, constitute unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
  • Contain or install viruses, worms, malware, Trojan horses or any other content designed or intended to disrupt, damage or limit the functioning of                                    any software, hardware or telecommunications equipment, or to damage or gain unauthorised access to any data or other information of a third party;
  • Infringe the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, publicity rights or other rights;
  • Be prejudicial to public order;
  • Impersonate any person or entity, including POPPINS and its employees or representatives;
  • Constitute a violation of a third party's privacy;
  • Constitute false information and characteristics;
  • Be likely to infringe upon the rights, reputation or image of POPPINS.

Article XI. General commitments of the User

11.1 Commitments common to all Users

All Users undertake to:

  • Access and use the Application and Services in accordance with applicable laws and these Terms of Use.
  • In this regard, the User acknowledges that, for the sole purpose of verifying compliance with these Terms and Conditions and applicable laws, POPPINS may review any content published or exchanged on the Application;
  • POPPINS may intervene to moderate published Advertisements, bios or reviews if these publications do not comply with applicable laws and regulations and with Users' obligations under these Terms of Use, including Article X relating to Internal Communication Rules. POPPINS reserves the right to immediately remove any content published on the Application that violates these requirements and to suspend or prevent the use of any associated account.
  • Complete all declarations and formalities necessary for their activity;
  • Comply with all legal, social, administrative and tax obligations and all specific obligations incumbent upon them under Belgian law, French law and/or foreign legislation to which they are subject, in the context of their activity and the use of the Services ;
  • Upon request, the User undertakes to provide POPPINS, without delay, with any evidence proving that they meet the conditions set out in this article;
  • The User is solely responsible for the proper completion of the above formalities.
  • POPPINS cannot be held liable in this regard;
  • To make fair use of the Application, in particular not to circumvent the Application and its Services for requests or additional requests for Services initially made on the Application;
  • Not extract all or part of the content of the Application for a similar or competing activity, or for recruitment purposes;
  • Clean, tidy and, if necessary/safe/required, disinfect the Item when, as the Owner, you make it available for Collection and, as the Borrower, you return it to the Owner. 

The User is advised that carrying out paid transactions on a regular basis may constitute a professional activity and may result in the application of consumer law, compulsory affiliation to a social security scheme, payment of co-payments, business tax contributions and social security contributions. Where applicable, the User shall register with the relevant business registration centre and organisations. In case of doubt about their status, the User undertakes to seek advice from a solicitor to ensure that they comply with the tax and social security obligations in force. POPPINS cannot be held liable for the User's failure to comply with these obligations. 

11.2 Specific commitments of the Owner

All Owners undertake to:

  • Provide all necessary details in the Advertisement so that the description of the Item offered is as accurate as possible and does not mislead the Borrower;
  • Not to use the Services and the Application to promote their business or that of a third party;
  • Not sending advertising messages to Users of the Application or soliciting them for the same Service as that offered on this Application;
  • Do not accept payment from the Borrower outside of the Application for Services presented via the Application;
  • Share the Item conscientiously and diligently;
  • Maintain strict confidentiality regarding any exchanges with Borrowers and any information provided to them or that they may have become aware of as a result of a connection made via the Application (whether or not it resulted in the Sharing of an Item).

The Owner shall refrain from sharing with other people or on social media any exchanges or extracts from conversations originating from the Application's messaging system.

When offering places to rent on the Application, all Owners declare that:

  • That they are the owners of the venue to be shared or that they are authorised by the owner(s) to share the venue under the conditions specified in the Advertisement and in these Terms and Conditions;
  • That they have all the necessary authorisations to share the space with interested third parties and administrative offices.
  1. Specific commitments of the Borrower

All Borrowers undertake to:

  • Make all payments relating to an Item via the Application.
  • Protect any information or data communicated by the Owner when connecting via the Application, in order to ensure the confidentiality of exchanges between the Owner and the Borrower.

Article XII. POPPINS' commitments

This Application has been designed with the utmost care and POPPINS undertakes to make every effort to provide only accurate information. However, it cannot be ruled out that some of the information provided on this Application may be inaccurate, obsolete or incomplete. The purpose of this Application is to provide general information to its Users and to enable the provision of the services you have requested from us. 

POPPINS cannot be held liable for damages caused by inaccuracies, except in cases of erroneous information or intentional misinformation, the communication of which would constitute gross negligence.

If POPPINS is held liable for any damage arising from your use of our Application, our liability will be limited to damage that was reasonably foreseeable at the time of your use of our Application and that arises from the normal use of our Application.

We will promptly correct any inaccuracies and remove any malware contained in our Application that we become aware of.

Article XIII. Non-circumvention

The remuneration that POPPINS receives for the Services is collected via the Fees described in Article 6.2. POPPINS only collects these Fees when a Customer and an Advertiser pay and receive payment via the Application.

Therefore, when a Borrower places an Order on an Owner's Listing and the Owner accepts that Order, the Borrower agrees to make all payments to the Owner for the Item and for any subsequent Shares of the Item solely through the Application for a period of six (6) months from the date of the first Order request to the Owner (the "Non-Circumvention Period").

The User undertakes not to circumvent the means of payment offered by the Application and not to:

  • Submit proposals or solicit identified Users on the Application to enter into contracts, work, carry out projects, be hired or make payments outside the Application.
  • Accept proposals from Users identified on the Application to enter into a contract,                                invoice or receive payment outside the Application.
  • Recommend an identified User on the Application to a third party who is not a User of the Application in order to make or receive payments outside the Application.

If a User uses the Application as an agent or representative of another company, the Non-Circumvention Period applies to the User and other agents or representatives of the company in relation to the relevant Article.

If the User closes their account on the Application or if their account is closed by POPPINS for non- failure to comply with the Terms of Use, the User will still be liable for the Fees if they use the Services thereafter.

If Users were already working together before sharing on the Application, they will not be required to continue using the Application to collaborate, provided that the Item provided by the Owner has not been the subject of an Order on the Application by the Borrower.

The User undertakes to notify POPPINS immediately if another User proposes to make or receive payments outside the Application by sending an email to the following address: support@wearepoppins.com.

The Borrower may withdraw from the obligation to pay the Advertiser(s) via the Application by paying a withdrawal fee for each relationship with an Advertiser (the "Unsubscription Fee"). To initiate an unsubscription procedure, the Borrower must send an email to the following address: support@wearepoppins.com

The Unsubscription Fee is equivalent to the Commission applicable to a transaction via the Services, i.e. 15% of the price of the Share between the Owner and the Borrower.

If POPPINS discovers that Users have continued to work together after an Item Sharing without using the Application, POPPINS may suspend the Borrower's account and issue an invoice for the Unsubscription Fees due. If the Borrower fails to pay the invoice within thirty (30) days, POPPINS may permanently close the account while reserving the right to take any action necessary to recover the sums it deems due.

Article XIV. Liability

  1. User Liability

The User is solely responsible for:

  • For any direct or indirect damage that the User may suffer as a result of inaccurate, incomplete and/or misleading information provided during registration or failure to update such information, and for which the User shall bear sole responsibility;
  • For all content that they choose to post on the Application, as POPPINS does not verify content before it is posted;
  • The content of the Advertisement and the description of the Item;

In the event of an error in the description of the Item, the Owner shall be solely responsible for any additional costs and/or time required to formalise an additional service with the Owner via the Application.

  • POPPINS is not involved in the conclusion and execution of agreements relating to an Item that Users enter into with each other via the Application, acting only to put them in contact with each other. The conclusion and execution of these agreements, which take place directly between a Borrower and                           an Owner, are carried out on the initiative and under the sole responsibility of the latter.

The User is informed that in the event of inappropriate behaviour towards another User or POPPINS, or if the User commits an offence against or at the premises of another User in connection with the Sharing, or violates POPPINS' general code of conduct or engages in any other similar behaviour, POPPINS may, in particular following complaints lodged by the other User, prohibit, exclude or suspend the User from the Application and Services. POPPINS's intervention does not deprive the other User of the means and rights at their disposal to obtain any compensation.

The Owner is solely responsible for the quality and compliance of the Sharing they provide to the Borrower.

The Owner acknowledges that the means made available to them by POPPINS do not relieve them of their responsibility with regard to their legal obligations. In particular, the Owner acknowledges that they remain fully responsible for their legal and tax obligations with regard to the invoicing of original and/or corrective invoices issued in their name and on their behalf by POPPINS, in particular with regard to their obligations to declare and pay VAT.

The User agrees to defend, indemnify and hold harmless POPPINS, its shareholders, directors and employees from any liability in the event of any claim, demand, recovery, fine, penalty or other costs or expenses of any kind or nature, including legal fees incurred by third parties in connection with, arising from or related to: (a) any content submitted or provided to the Application by the User; (b) the User's use of any content on the Application; (c) any violation by the User of the Terms of Use.

  1. POPPINS' liability 

POPPINS makes every effort to ensure that the Application and services are accessible and functioning properly 24 hours a day, 7 days a week.

Nevertheless, given the limitations of the Internet, POPPINS cannot exclude the possibility that access to and operation of the Application and Services may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, malfunction of the User's Internet network or maintenance operations intended to improve the Application and Services.

Consequently, POPPINS cannot be held liable for any interruption of the Services, whether voluntary or involuntary, it being specified that POPPINS undertakes to do its best to limit any interruptions for which it is responsible.

POPPINS provides Users with technical tools and resources enabling them to contact each other for the purpose of entering into a service contract via the Application, including facilitating payments between Users through OPP, its payment service provider. To the extent permitted by law, POPPINS' liability is limited to providing these resources, as described herein, and connecting Owners and Borrowers.

In particular, POPPINS cannot be held liable for the frequency with which Owners' profiles are displayed on its Application.

POPPINS and the User are independent parties, each acting in its own name and on its own behalf.

As POPPINS is not a party in any way to the agreements relating to an Item concluded between Borrowers and Owners, the latter are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or execution of Shares. Thus, unless expressly provided for in the Terms and Conditions or by POPPINS' legal obligations, each User releases POPPINS from any liability for the direct or indirect consequences resulting from the introduction, conclusion and/or execution of such a Share between an Owner and a Borrower.

In this regard, POPPINS cannot be held liable for any cancellation of payment or revocation of direct debit authorisation at the sole initiative of the Borrower, and for any consequences that may result therefrom. This exclusion of liability does not apply when POPPINS is required by applicable law to make a refund, chargeback, buyer warrant or remediation service. 

Similarly, Poppins cannot be held liable for any damage suffered by the User or a third party as a result of the use of an Item made available to them via the Application. 

POPPINS makes every effort to ensure the content and validity of the information and documents transmitted by the Owner on the Application, provided that they are established in France or Belgium. However, POPPINS cannot be held liable in any way for breaches of their obligations, particularly in the context of combating undeclared work and compliance with transparency rules, nor for any damage that may result therefrom. Consequently, POPPINS cannot be held liable for false, misleading or obsolete information communicated to it by the Owner. 

Similarly, POPPINS reserves the right not to forward a message from a Customer to the Owner if the Borrower does not comply with the Terms and Conditions.

Article XV. Intellectual property rights

  1. The Application

The Application and each of its elements, including text, images, videos, photographs, trademarks, logos, company names, domain names and databases, are the exclusive property of POPPINS or its partners.

These separate elements and their entirety are protected by intellectual property and other laws, in particular copyright law.

Any reproduction or representation, in whole or in part, of the Application or any of its elements or parts without the authorisation of POPPINS is prohibited and constitutes an infringement punishable under intellectual property law.

POPPINS grants the User a non-exclusive, personal and non-transferable licence to use the Application and the data it contains for strictly personal use, in accordance with these Terms and Conditions and for the sole purpose provided for herein.

The User therefore acknowledges that any other use of the Application is excluded from the scope of this licence and may only be made with the prior written authorisation of POPPINS.

The User acknowledges that no ownership is transferred to them, and that no rights or licences are granted to them, other than the right to use the Application for the duration of the Terms of Use.

  1. User Content

Any User who publishes content they have created on the Application retains full ownership of what has been published.

When Users publish or transmit content of any kind, including text and images, via the Application, they declare that they hold the necessary rights.

In order to enable the provision and purpose of the Services, the User grants POPPINS a non-exclusive and transferable licence to use the content published, distributed or transmitted by them on the Application.

The User authorises POPPINS to reproduce all or part of the elements they provide, on any paper medium as well as on any current or future digital recording medium, including, but not limited to, any server, hard drive, removable or non-removable, memory card, or any other equivalent medium, in any format and by any process known or unknown to date, to the extent necessary for any storage, backup, transmission or downloading operation contributing to the functioning of the Application.

The User also authorises POPPINS to adapt and translate the elements they provide, and to reproduce these adaptations on any paper or digital medium, current or future, as specified above, including in different languages. This right includes the right to modify the formatting of the elements provided, in accordance with moral rights, in order to comply with the Application's graphic charter and/or to make them compatible for insertion and/or publication via the Application. 

This licence is granted free of charge, worldwide and for the legal duration of the rights relating to the objects concerned.

Notwithstanding the termination of the Terms of Use, for any reason whatsoever, the licence stipulated above shall be maintained for the duration stipulated in this article.

The User guarantees POPPINS that the information or content in question complies with the law and does not infringe on the rights of others.

ARTICLE XVI - Hypertext links

The User is authorised to create one or more hypertext links pointing, for example, to the Application's home page or to their profile page in the case of an Advertiser.

The User shall refrain from creating links from websites that do not comply with current legislation or that are likely to harm the interests, reputation and/or image of the Application and POPPINS.

In any event, POPPINS reserves the right to terminate this authorisation at any time if it considers that the link established with the Application is likely to harm its interests, reputation and/or image.

Under no circumstances does the existence of a hyperlink from a third-party site to the Application imply any cooperation and/or partnership between the Application and that third-party site. POPPINS 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 Application.

The Application may contain links to the websites of POPPINS' partners or to third-party websites. POPPINS has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content or the products and/or services available on or from these sites.

POPPINS shall in no event be liable for any direct or indirect damages that may result from the User's access to the partner's and/or third party's website and from the User's use of the content and products and/or services of this Application.

Article XVII. POPPINS Services

As part of its policy of constantly improving its Services, POPPINS may modify the characteristics of its offering at any time.

In any event, the information contained in this Application is of a general nature and has no contractual value.

Article XVIII. Privacy Policy

Please refer to POPPINS' Privacy Policy for our policy on the collection and processing of personal information. By using all or part of the Application, you agree to all the provisions of our privacy policy.

OPP is a separate and independent entity responsible for processing Users' personal data collected as part of the Order payment system.

Article XIX - Term, termination and penalties

19.1 Term of the Terms of Use

The Terms of Use are concluded for an indefinite period from the date of acceptance of these Terms of Use by the User.

19.2 Termination of the Terms of Use

POPPINS may immediately and automatically suspend access to the Application and Services and, where applicable, terminate these Terms of Use automatically and without notice in the event of a serious breach of the Terms of Use by a User, without prejudice to any damages it may claim.

In all other cases of non-compliance with these Terms of Use, if, at the end of a period of five (5) calendar days from the notification by POPPINS of the breach via the Application's messaging system, the User has not remedied the breach or if the breach has not been remedied, POPPINS may immediately and automatically terminate the T&Cs, regardless of any damages it may claim.

19.3 Effects of termination of the T&Cs

Termination of the Terms of Use (including termination following unsubscription) will result in the User's account becoming inaccessible. The User will no longer be able to access the services.

Notwithstanding the termination of the Terms of Use, for any reason whatsoever, the licence stipulated in Article 15.1 above shall continue for the period specified in that article.

All data provided by the User will no longer be accessible online to anyone from the date of termination.

Article XX - Customer service

For any questions or information regarding the Application and Services, the User may contact POPPINS by sending an email to the following address: support@wearepoppins.com.

Article XXI - Nullity - Waiver

These Terms of Use express the entire agreement between the parties with regard to their subject matter.

In the event that any clause of this contract is declared null and void by a change in legislation, regulations or a court decision, this shall in no way affect the validity and compliance with these Terms of Use.

The titles given to the articles, paragraphs, sub-paragraphs and appendices of the Terms of Use are for ease of reading only and cannot be invoked for their interpretation. Unless otherwise specified, all references in the Terms of Use to articles, paragraphs, sub-paragraphs and appendices constitute references to the articles, paragraphs, sub-paragraphs and appendices of the Terms of Use.

The fact that POPPINS does not exercise its rights under these Terms and Conditions does not constitute a waiver of those rights.

Article XXII. Dispute resolution

For any dispute relating to the execution of these Terms of Use, the User, if he or she is a "consumer" within the meaning of the introductory article of the Consumer Code, is informed that he or she may refer the matter to the Consumer Ombudsman, either electronically at https://www.mediateurconsommation-smp.fr/, or by post to: 

‍

Société de la Médiation Professionnelle

Consumer Mediation

24, rue Albert de Mun

33 000 Bordeaux

Consumer Users may also contact the European online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr.

Users may also decide to submit disputes relating to payments to their credit card issuer.

Excluding the mediation option, any dispute shall be subject to the jurisdiction of the courts of Paris, France.

Article XXIII. Applicable law

The T&Cs are governed by French law. If any provision of the T&Cs is found to be illegal or invalid by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected.

Article XXIV. Contact

By post: Poppins - 38 quai Henri IV, 75004 Paris, France

By email: support@wearepoppins.com

Article XXV. Updates

POPPINS reserves the right to modify and update, without prior notice, these Terms of Use and all elements and products presented on the Application. All such modifications are binding on Users of the Application, who must consult the Terms of Use at each time they visit the Application.

‍

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