TERMS AND CONDITIONS OF USE

Article 1. Purpose

The purpose of these terms and conditions is to define the terms and conditions of use of the services described in Article 4 (hereinafter referred to as the “Services”) offered on the Internet and mobile site accessible at the URL address www.mimsha.com (hereinafter referred to as the “Site”) and the present or future mobile applications (hereinafter referred to as the “Applications”) published by the operator as designated in Article 3, and to define the rights and obligations of the parties in this context. The general conditions of use apply to any variation or extension of the Site and Applications on existing or future social and/or community networks.

In particular, they are accessible and printable at any time via a direct link at the bottom of the home page of the Site and Applications.

They may be supplemented, where applicable, by specific conditions of use for certain Services. In the event of contradiction, the special conditions shall prevail over the present general conditions of use.

Article 2. Definition of terms

For the purposes of these Terms and Conditions of Use, the terms listed below have the following meanings:

“CGU

means the present General Conditions of Use.

“Services

refers to the matchmaking Services offered by MIMSHA on its Site or Application.

“MIMSHA

refers to the company operating MIMSHA Services.

“Site

designates the Internet site made available by MIMSHA SAS and accessible at www.mimsha.com.

“Application

refers to the mobile application provided by MIMSHA and accessible via Apple Store and Play Store (Google).

“Parcel

means the good or set of goods transported by the Passenger for the Shipper.

“Users

together refer to the Passenger and the Shipper.

“Sender

refers to the natural person who has created a MIMSHA Account and offers on the Site to transport a Parcel for another person, referred to as the Traveller, in return for a contribution to the costs agreed with the Traveller.

“Traveller

designates the natural person who has created a MIMSHA Account and who may transport the Parcel for the Shipper.

“Godfather

refers to Users unilaterally designated by MIMSHA who receive a fee for each User they contribute.

“Account

designates the account that must be created to become a User and access the Services offered by the Site and the Application.

“Personal Space

designates the space on the account created by the User when registering, enabling him to manage his use of the Services.

“Participation aux Frais

means the amount paid by the Shipper as its contribution to the cost of transporting the Passenger

“Service Fees

refers to MIMSHA’s counterparty in the context of the connection between a Shipper and a Passenger.

Article 3. Operator of the Services

The Services are operated by MIMSHA, a simplified joint stock company with capital of 1,003.92 euros, registered in the Paris Trade and Companies Register under number 828 809 889, whose registered office is located at 10, rue de Penthièvre, 75008 Paris FRANCE, represented by its Chairman, Mr Shamim ABDOUL RAHMANE (hereinafter: “MIMSHA”).

MIMSHA can be contacted at the following address:

Postal address: 10, rue de Penthièvre

75008 PARIS

FRANCE

E-mail address: contact@mimsha.com

The Site is hosted by

1&1 IONOS
7 PLACE DE LA GARE,
57200 SARREGUEMINES

France

Article 4. Description of Services

MIMSHA’s purpose, in France and in all other countries, is to bring together individuals making journeys by any means of land, sea or air transport who have free storage space in their luggage, containers or any other storage space, and individuals interested in transporting goods on the same journey who wish to use these spaces to have goods delivered on the said journey. MIMSHA is therefore simply a platform for private individuals wishing to provide each other with a private Parcel delivery service, by the means of transport of their choice, taking advantage of a trip that would have taken place anyway. MIMSHA is not a party to a contract of carriage, nor is it a professional carrier, nor an auxiliary, nor a forwarding agent, nor a postal operator.

The Platform created by MIMSHA offers its Users the various Services briefly described below, it being understood that MIMSHA reserves the right to offer new free or paying services on the Site and/or Applications.

The User is informed that MIMSHA reserves the right to modify or delete, at any time, without notice and at its sole discretion, all or part of the Services. The description of the Services may be supplemented on the Site or on the Applications where applicable.

4.2 Steps in using the Services

How MIMSHA services work

1. Declaration of need

The Shipper indicates the place of departure and arrival and the nature of the Parcel.

The Traveller indicates his route.

The price according to MIMSHA’s price list is communicated directly via the Application when the requirements are confirmed.

2. Linking

The Traveller and the Shipper are put in contact in order to make contact and confirm the place, date and time of delivery of the Parcel(s).

3. Payment

In the event of agreement between the two Users, the Shipper makes a payment by credit card, blocked in a hived-off account until the Service has been rendered.

This payment includes the full contribution to the Transport Costs as well as the Service Costs.

4. Delivery of Package(s)

To transmit the Parcel(s), the two Users meet.

We strongly recommend that this meeting takes place in a public place and that the Packages are presented to the Traveller unpacked.

5. Confirmation of care

Once the Passenger is in possession of the Parcel(s) to be transported, he/she must enter the unique code designated by MIMSHA confirming the photo of the Parcel(s).

6. Service regulations

Full payment of the Service to the Shipper is made by bank transfer [directement par le biais de l’application avec les données bancaires qu’il a préalablement transmises lors de l’inscription], once acknowledgement of receipt of the Parcel(s) has been received and a unique code has been entered, a photo of the Parcel(s) has been taken and all Users have confirmed that the Parcel(s) has (have) been duly received.

Article 5. Access to the Site, Applications and Services

The Services are accessible, subject to the specific restrictions set out in these terms and conditions, on the Site or on the Applications:

any natural person of legal age who has full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may not access the Site, Applications and Services.

hereinafter together referred to as the “Users”.

Article 6. Designation of Sponsors

MIMSHA reserves the right to determine, at its sole discretion and from among its Users, those Users who may be designated as “sponsors” and who will benefit from remuneration per User contributed (hereinafter referred to as “Sponsors”).

The remuneration of Sponsors for each User contributed will be set freely and from time to time by MIMSHA at its own discretion. The terms of payment for Sponsors will be specified in a separate document sent to Sponsors by any useful means. Sponsors expressly agree to authorize MIMSHA to issue all invoices for their remuneration.

MIMSHA reserves the right to modify the remuneration of Sponsors at its own discretion. The Sponsor will be informed of this modification by sending a notification by any useful means.

Article 7. Acceptance of terms and conditions

Acceptance of these terms and conditions is evidenced by a checkbox on the registration form. This acceptance must be full and complete. It applies concomitantly to (i) any special conditions, (ii) the privacy policy and (iii) cookies.

Any conditional acceptance is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

Article 8. Registration and access to Services

Access to and use of the Services described in Article 4 require the User to create an account by registering on the Site and the Application, by filling in the form provided for this purpose. The User must be of legal age to use the Application.

The User must provide a set of valid information marked as mandatory. Any incomplete registration will not be validated. MIMSHA can in no way be held responsible for erroneous or fraudulent information provided by the User. This mandatory information is :

an e-mail address;

a cell phone number ;

photocopy of identity document ;

a photograph taken with your phone or computer;

bank details ;

a password ;

a connection identifier.

On the basis of said mandatory information, MIMSHA will verify the User’s personal data, in particular the cell phone number, by sending an SMS to the User, and the User’s ID, which will be verified via the Jumio software and partner.

Users may also register for the Services using a user account on one of the social networks mentioned at the time of registration. In this case, Users give MIMSHA their consent to use the data required for the purpose of processing.
Registered Users will be able to log on to the Site and Application and create a personal account using the username and password attached to their social network account and access their personal account. Users who register for the Services via a third-party social network will be subject both to these general terms and conditions of use and to the general terms and conditions of use of the third-party social network.

Registration automatically leads to the opening of an account in the User’s name (hereinafter: the “Account”), giving him/her access to a personal space (hereinafter: the “Personal Space”) which enables him/her to manage his/her use of the Services in a form and according to the technical means that MIMSHA deems most appropriate for providing said Services.

If the User has not filled in the information marked as non-mandatory at the time of registration, he/she is invited to fill in the non-mandatory information at a later date via his/her Personal Space, it being specified here that access to certain Services requires this information.

The User guarantees that all the information he/she provides in the registration form and/or in his/her Personal Area is accurate, up to date and sincere, and is not misleading in any way.

Information provided by Users is subject to protection in accordance with (i) Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, (ii) the Privacy Charter, and (iii) Article 17 of these General Terms and Conditions of Use, as well as the provisions of the General Regulation on the Protection of Personal Data of April 27, 2016.

The User undertakes to update this information in his Personal Space in the event of any changes, so that it is always up to date and correct.

The User is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the User is binding upon validation.

The User may access his or her Personal Space at any time by logging in using his or her login and password, or by logging in via the social networks offered.

The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he assumes full responsibility.

He is likewise responsible for maintaining the confidentiality of his login and password. Each User is consequently solely responsible for the use of the Services made under his/her identification. Any connection or data transmission made using his Account will be deemed to have been made by the User and under his exclusive responsibility.

He/she must immediately contact MIMSHA using the contact details mentioned in Article 3 hereof if he/she notices that his/her Account has been used without his/her knowledge, or in the event of loss, theft or fraudulent use. The User acknowledges MIMSHA’s right to take all appropriate measures in such a case, namely :

– replace the User’s Account identifiers when there is a risk that they may be used by a third party;

– return the User’s Account details securely.

Article 9. Obligations of Users

9.1 General obligations of Users

Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:

– In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

– In using the Services, the User undertakes to comply with the tax obligations in force in his country of residence.

– The User acknowledges that he/she has read the Site and the Applications to be aware of the characteristics and constraints, particularly technical, of all the Services. The User is solely responsible for his/her use of the Services.

– The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

– The User is also solely responsible for the relationships he/she may establish virtually or physically with other Users and for the information he/she communicates to them within the framework of the Services. It is the User’s responsibility to exercise appropriate caution and discernment in these relationships and communications. The User further undertakes to respect the usual rules of politeness, courtesy, good faith and fair dealing in his dealings with other Users. The User is required to respect, as far as possible, the meeting times and appointments set, and to arrive at the time and place agreed for the scheduled meeting or appointment. Any User found to have behaved contrary to the aforementioned rules of good conduct may be excluded from the Services by MIMSHA, a decision which may not give rise to any compensation for the User at fault.

– The User undertakes to make strictly personal use of the Services. Consequently, he/she may not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.

– The User undertakes to provide MIMSHA with all information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with MIMSHA with a view to the proper execution of the present.

– The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the Site and Applications) that he/she disseminates as part of the Services.

– The User acknowledges that the Services offer an additional, but not alternative, means of achieving the same objective, and that this solution is not a substitute for these other means.

– The User must take the necessary steps to save by his own means the information in his Personal Space that he deems necessary, no copy of which will be supplied to him.

– The user acknowledges that protection is mandatory for all parcel shipments. It is offered for all products up to a value of 150 euros.

9.2 Specific obligations of Passengers

Passengers undertake to take cognizance of national and international laws, regulations and obligations governing the carriage of goods, in particular those relating to customs.

Travellers acknowledge that they are solely responsible for any violation of these laws, regulations and obligations.

In the event that the Package(s) is (are) transported by vehicle or two-wheeler, Travellers undertake to be insured and hold a driver’s license in accordance with current legislation.

9.3 Settlement of disputes between Users

The present General Terms and Conditions of Sale stipulate that in the event of a dispute between Users, the national law of the Buyer will apply to the dispute.

Article .10. MIMSHA’s liability

MIMSHA undertakes to provide the Services diligently and according to the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

Its liability is exclusively limited to the provision of the Services in accordance with the terms and conditions described herein, to the exclusion of any other services.

MIMSHA acts as a broker in that it provides Users with technical tools and resources enabling them to enter into contact with each other via the Site or the Application for the purposes of transporting or purchasing Goods. Its liability is limited to the provision of these means, as described herein, and to the bringing together of Shippers and Travellers.

MIMSHA is therefore in no way responsible for Goods that are transported as part of the Services.

MIMSHA acts in its own name and does not undertake any legal act in the name and on behalf of Shippers and Passengers, who contract directly with each other.

Article 11. Free and paying services

11.1 Remuneration

The Traveller will be remunerated for his services. This remuneration corresponds to the amount (excl. VAT) of the contribution to transport costs indicated on the sender’s advertisement. In addition, MIMSHA will take a commission of 30% on the amount paid to the Traveler, excluding VAT.

11.2 Price list

MIMSHA’s price list takes into account the total cost of the service. However, any taxes may be added to the amount paid by the Shipper during transport.

Any tax or charge not anticipated in the overall amount of the service and which is added to the said overall amount will initially be borne by the Passenger, and subsequently reimbursed to the Passenger by the Shipper in proportion to the nature, content, size, weight of the Goods transported or the amount of the service.

11.3 Online payment

For all payments made hereunder, MIMSHA and Users agree to use the Stripe online payment platform, the terms and conditions of which can be found at www.stripe.com.

The creation of a User Account on the Site implies acceptance of Stripe’s General Terms and Conditions, which can be accessed here.

Payments are processed in full compliance with the law by Stripe, an approved electronic money institution. Funds are deposited and protected in a segregated account before being paid out: to the Traveler for the Transport Costs and to MIMSHA for the Service Costs.

Payments are made via the secure bank servers of our partner Stripe. This means that no banking information concerning you is transmitted via our Site.

Payments via our Site are subject to a security system. Stripe uses the SSL (Secure Soket Layer) protocol to encrypt credit card details. No credit card numbers are stored on our servers. With Stripe, your financial information is not disclosed to any third party.

11.4 Service fees

MIMSHA is remunerated in the form of Service Charges. At the time the Shipment is booked, the Shipper pays in advance on the Site the amount of the Contribution to the Transport Costs agreed with the Carrier, plus the Service Charges.

The Service Fee is calculated at 2 euros including VAT. 11.5 Payment by the Traveller

The payment is deposited in an escrow account until the Service has been rendered. Once the Goods have been duly delivered to the Consignee, the Contribution to the Transport Costs is paid to the Passenger.

MIMSHA offers two ways of confirming that the item has been duly delivered:

Upon receipt of the Goods, the Shipper gives the Traveler the unique confirmation code mentioned in the application.

This operation is irreversible. In the event of confirmation being made in error by one of these two means, the amount paid at the time of reservation, including the Participation in Transport and Service Charges, cannot be refunded. If you confirm delivery before the item has been delivered, please contact us as soon as possible at contact@mimsha.fr.

The Shipper and/or the Traveller have 7 calendar days to expressly confirm to MIMSHA that the Goods have been delivered.

At the end of this period, and in the absence of confirmation or dispute by the Shipper or the Consignee, MIMSHA implicitly considers that the Good has been duly delivered.

From the time of this express or tacit confirmation, MIMSHA provides the Subscriber with a credit on his or her personal Account for the amount of the Contribution to Transport Costs. MIMSHA transmits payment orders on the first working day following the request made on the Site by the Member, or automatically one month after the sums concerned have been made available on the Member’s profile.

To this end, the Traveler provides MIMSHA with the banking information required to transfer funds to his/her Account. This information is to be entered exclusively by the User on his/her Account.

Under no circumstances will MIMSHA pay the sum due other than by bank transfer, thus excluding any payment in cash or by cheque.

MIMSHA is in no way responsible or liable to the Traveller for any payment incident if, for any reason whatsoever, the sum paid by the Shipper has to be repaid, in particular in the event of a stop payment on the card or fraudulent use. The Traveller undertakes to return to MIMSHA, on first request, any sum received which is called into question as a result of such a payment incident.

11.6 Cancellation

Cancellation by Users after confirmation of the Need is subject to the following provisions:

Cancellation attributable to the Traveller

In the event that the Traveller modifies the terms of the journey (including the timetable) without the agreement of the Shipper, the Shipper may request the cancellation of the Trip. In this case, the cancellation is attributable to the Traveler.

Cancellation attributable to the Shipper

In the event of cancellation attributable to the Shipper more than 24 hours before the scheduled pick-up time, a cancellation fee corresponding to the amount of the Service Fee is payable to MIMSHA. Consequently, the Shipper will be reimbursed for the amount paid less the Service Fee.

In the event of cancellation attributable to the Sender less than 24 hours before the scheduled pick-up time, after the scheduled appointment time, or in the event of absence of the Sender or his representative at the scheduled pick-up location (with a tolerance period of 30 minutes as this is a collaborative Service), the Traveller will receive compensation of 100% of the Participation Fee and the Service Fee will be due to MIMSHA. Consequently, the Shipper will not receive any refund.

In the event of modification of the terms and conditions (agreed date, time and place of pick-up and/or delivery, size and/or number of Package(s), etc.) by the Shipper without the Carrier’s agreement, or if the condition of the Goods does not allow them to be transported in good conditions without risk of damage to the Carrier’s vehicle (lack of packaging or protection, dirty condition, etc.), the Carrier may cancel the Shipment. In this case, the cancellation is attributable to the Shipper, who will be liable for the sums in accordance with the above conditions, based on the time of cancellation attributable to the Shipper.

Article 12. Protection costs

The sender has a strict deadline of 48 hours from the return of the parcel to declare a dispute. After this deadline, any claim not submitted within the prescribed time will be considered inadmissible.

The sender must provide all evidence of damage or shortages, failing which the claim will be inadmissible.

This protection is intended to compensate the sender for the material value of the Products entrusted to him for loss, destruction or theft while they are under the responsibility of the Traveller. The protection applies anywhere and at any time from the time the Products are entrusted to the Traveller until they are handed over to the consignee. Protection is granted on condition that the Products are under the permanent control of the Traveller.

Supporting documents include copies of original invoices, photos of the damage, correspondence concerning reservations and, in the case of undelivered packages, a non-delivery certificate from the Traveler. For stolen goods, a complaint must be filed.

It is imperative to refer to the list of unprotected and unauthorized products, for which no compensation will be possible.

Payments to the sender are made with a deduction of 10% of the value of the Product. Compensation is based on the invoice value for new products, and on the replacement value less depreciation, up to a maximum of 50%, for used products.

Standard protection is offered for all products up to a value of 150 euros. Above this value, protection becomes mandatory for all shipments, ensuring the security of the items shipped. Protection charges vary according to the value range selected, offering flexibility adapted to the specific needs of each shipment. The maximum indemnity per parcel is €1,000.

Article 13. Prohibited behaviour

It is strictly forbidden to use the Services for the following purposes:

the transport of illicit, dangerous or unsuitable goods, in particular drugs, narcotics, firearms, ammunition, gases, powders, flammable, toxic, infectious or corrosive substances, dead or living animals, etc. … ;

carrying out illegal or fraudulent activities, or activities that infringe on the rights or safety of third parties;

breach of public order or violation of applicable laws and regulations;

intrusion into MIMSHA’s, a User’s or a third party’s computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of MIMSHA’s, a User’s or a third party’s computer system, violate its integrity or security;

the sending of unsolicited e-mails and/or canvassing or commercial solicitation not authorized by MIMSHA;

aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above;

any practice that misuses the Services for purposes other than those for which they were designed.

Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the MIMSHA Site and Applications, and more generally any intellectual property rights belonging to MIMSHA.

The following are also strictly prohibited:

any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services;

any intrusions or attempted intrusions into MIMSHA’s systems;

any misappropriation of the system resources of the Site and Applications;

any action likely to impose a disproportionate burden on their infrastructures;

any breach of security and authentication measures;

any act likely to prejudice the financial, commercial or moral rights and interests of MIMSHA or Users, and more generally and ;

any breach of these terms and conditions.

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Site and the Applications, as well as to the information hosted and/or shared therein.

Article 14. Penalties for breaches

In the event of a breach of any of the stipulations of these general conditions of use or, more generally, an infringement of the laws and regulations in force by a User, MIMSHA reserves the right, without prejudice to any possible damages, to take any appropriate measure and in particular to :

suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement;

delete any content placed online on the Site or the Applications;

publish on the Site and Applications any information message MIMSHA deems useful;

notify all relevant authorities and ;

take any legal action.

Any appropriate action taken by MIMSHA under this Article shall not give rise to any compensation to the User, regardless of any damage caused by the action taken.

Article 15. Intellectual property rights

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by MIMSHA within the Site and Applications are protected by all intellectual property rights or database producers’ rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without MIMSHA’s authorization, is strictly prohibited and may result in legal action.

Article 16. Personal data

In accordance with (i) Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, (ii) the privacy charter, and (iii) Article 17 of these general conditions of use, as well as the provisions of the General Regulation on the Protection of Personal Data of April 27, 2016, MIMSHA practices a personal data protection policy, the characteristics of which are explained in a separate document entitled privacy charter. Users are expressly invited to familiarize themselves with this charter, which is accessible directly on the Site.

It is hereby reminded that, in accordance with the law, all individuals have the right to access, modify, rectify and delete data concerning them. These rights may be exercised by contacting MIMSHA at the address given in Article 3.

Article 17. Advertising

MIMSHA reserves the right to insert on any page of the Site and Applications and in any communication to Users any advertising, promotional or sponsorship messages in a form and under conditions to be determined by MIMSHA alone.

The User is hereby informed that free access to the content and services of the Site, as well as to the Applications, may be financed by revenues from advertising displayed on these areas.The User acknowledges that in return for his right to use these free and open access contents and services, he accepts and will not object to the display of advertising on the Site and the Applications.

Article 18. Duration of Services, Unsubscription

The Services are subscribed to for an indefinite period.

The User may unsubscribe from the Services at any time, by clicking on the “Delete account” button on the site or by sending a request to this effect to MIMSHA by e-mail, using the contact details mentioned in Article 3.

Unsubscription is effective immediately. It automatically deletes the User’s Account and all related data.

Article 19. Cookies

Cookies are used as part of the Services, in particular to improve their quality. Cookies are files stored on a computer’s hard disk during Internet browsing. A cookie does not in itself allow identification by name, but records information relating to browsing on the Site or Application, which may be read directly by MIMSHA servers during subsequent visits to the Site or Application.

The data collected is for the benefit of MIMSHA using cookies associated with the User’s browser. The User may refuse all cookies by clicking on the appropriate link when browsing the Site or Application. In the event of refusal of all cookies, the User is informed that his or her browsing will be reduced in order to access certain services on the Site or Applications, and may even be rendered impossible in certain cases.

Article 20: Modifications

MIMSHA reserves the right to modify these general conditions of use at any time. The User will be informed of these modifications by any useful means.

The User is expressly informed that the version in force is that which is put on line at the Internet address www.mimsha.com , at the date of his/her access to any of the Services, which the User acknowledges and accepts without restriction, undertaking to refer to it systematically each time he/she connects.

Any User who does not accept the modified General Terms and Conditions of Use must unsubscribe from the Services in accordance with the procedures set out in Article 19.

Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.

Article 21. Language

In the event of a translation of these terms and conditions into one or more languages, in particular English, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.

Article 22. Applicable law and jurisdiction

These terms and conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or execution of these general terms and conditions of use, the parties agree that the courts of Paris shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.

Updated 04/22/2022