ARTICLE 1 – Scope of Application
These General Terms and Conditions of Service Provision apply, without restriction or reservation, to all service provisions concluded by the company CARA GROUP ("Service Provider") via the website or the SMOVO application (www.smovo.tech) to non-professional consumers ("The Client or User") wishing to use the services offered by SMOVO ("The Services") through its online platforms (website – app).
They specifically set out the terms for ordering, payment, delivery, and handling of any complaints made by the Client.
These General Terms and Conditions apply to the exclusion of any other terms, particularly those applicable for in-store services or via other distribution and sales channels.
They are available at all times on the website www.smovo.tech and will prevail, if necessary, over any other version or contradictory document.
These General Terms and Conditions may be modified at any time. The version applicable to the Client’s order is the one in effect on the website at the time of the order.
These General Terms and Conditions are of indefinite duration.
Changes to these General Terms and Conditions are enforceable against users of the website www.smovo.tech from the moment they are published online and cannot apply to transactions concluded before this.
It is recommended to read the terms of use each time the Service is used, as they may be modified at any time without notice.
The Services offered on the website www.smovo.tech or the SMOVO app are related to ordering meals or booking VTC or Taxi rides.
In other words, CARA GROUP ("Service Provider") acts as a technical intermediary by enabling:
On the one hand, restaurants, stores, and other businesses listed on the website, hereafter referred to as "Partners," to sell products for delivery and/or takeout ("Products") to Clients wishing to place an order. In these cases, CARA GROUP's services may also be offered to the Partners managing the delivery of orders.
On the other hand, drivers, hereafter referred to as "Partners" (any natural or legal person conducting, for remuneration and in accordance with the French legislation and regulations, the activity of operating cars with drivers, known as "VTC" or "TAXI," and/or the activity of transporting people and their luggage with a driver in motorized vehicles with two or three wheels, known as "moto-taxis," and duly registered on the SMOVO platform) to offer their transportation services to a given destination.
The contract for the provision and purchase of Products/Services is concluded between the Client and the Partner from whom the order is placed. All Partners on our website are businesses, not consumers (self-employed, freelancers, companies, independent contractors, etc.).
Access to orders is via the Service Provider's website or app, which can be downloaded on most mobile devices with an internet connection and operating system, including Android and iOS. All connection fees to the website or app are fully borne by the Client.
The Client affirms that they are of legal age, legally capable of contracting, and not under legal protection as per Articles 425 and following of the Civil Code, such as guardianship or curatorship. They guarantee the truthfulness and accuracy of the information provided by themselves or anyone else making a reservation on their behalf.
For food orders, the Client acknowledges that they are solely responsible for verifying any allergies or intolerances via the restaurant partners’ websites, and the Service Provider cannot be held
responsible in this regard.
The website or app may experience malfunctions or be interrupted or suspended for maintenance without prior notice to the Client, and the Service Provider cannot be held liable. This interruption does not give rise to any compensation.
The opening hours of partner restaurants and the working hours of partner drivers are freely set by them, along with their delivery or drop-off zones.
ARTICLE 4 – Service Provider's Contact Details The website or app is operated by CARA GROUP. The Service Provider’s contact details are as follows:
Name: CARA GROUP S.R.L.S
Address: VIA GABRIELE D'ANNUNZIO N°39 PIANO1 ZIP code: 07026 - OLBIA
Tax ID: 02941760908
Email: [email protected]
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) effective May 25, 2018, the Client has, at any time, the right to access, rectify, oppose, erase, and port all their personal data by writing, with proof of identity, to the Service Provider's address mentioned above.
The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Service Provision.
It is the Client's responsibility to select on the website or app the Products they wish to order,
according to the following steps:
Register by creating an account or place the order as a guest; this requires creating a password, for which the Client is solely responsible, and it must remain personal and confidential.
Provide identification details and as accurate a location as possible; for restaurant services, the "takeaway" option can be chosen.
Provide at least one valid payment method accepted by the platform.
Choose the partner and product, including the desired quantity; they can then modify or remove quantities.
Place the order by confirming it, which implies acceptance of these General Terms and Conditions, as well as the privacy policy and cookie policy.
Proceed with payment.
Once the payment is accepted, a confirmation is sent via notification, and the contract with the partner is concluded.
According to Article L.221-28 4° of the French Consumer Code, the right of withdrawal cannot be exercised when the Products ordered are perishable goods, have been personalized for the Client, cannot be returned for hygiene or health reasons, or have been mixed with other goods in an inseparable manner after delivery. Therefore, the order cannot be canceled.
The partner is solely responsible for executing the order as promptly as possible, and they are free to refuse an order. In such a case, the Client's card will not be charged.
The Client may, at their discretion, give a tip to the delivery person. The Client can track the status of their order on the website or app.
Any order placed, confirmed by the Client and confirmed by the Partner, under the terms described above on the website or app, constitutes the formation of a contract concluded remotely between the Client and the Partner.
Unless proven otherwise, the data recorded in the computer system constitute proof of all transactions concluded with the Client.
The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
To use the Transport Services, the Client must provide personal information: phone number, email address, name, surname, banking details, address, etc.
Registration automatically creates an Account in the Client’s name, giving them access to a personal space to manage their use of the Services.
The Client authorizes their bank in advance to charge their bank account for the amount indicated on the receipts sent at the end of the Ride.
For transparency, trust improvement, or fraud detection, the Service Provider reserves the right to perform checks with Clients and ask for any documents needed to justify the information provided during registration.
The Service Provider does not guarantee the accuracy of the geolocation performed through the app, which only aims at basic location actions.
It is the Clients' responsibility to verify and correct their location if necessary, and for Passengers, to precisely enter their departure and arrival addresses.
The Service Provider connects clients with Partner drivers. These drivers receive notifications of passengers requesting a ride. They have a time limit to accept or reject the ride request. After this time limit, only one driver will accept the request. Their acceptance is notified to the client.
If no driver accepts the Client’s request, the Client is informed accordingly.
Upon acceptance of the ride by the Partner, the Client must go to the designated location at the agreed time and will receive information about the Driver and their vehicle.
The waiting time (approach time) for the Driver is purely indicative and cannot be held against the Service Provider.
The price of the ride is displayed in advance, taking into account the pick-up and drop-off locations, as well as traffic conditions.
Once the ride is accepted by the Driver, they are free to choose the route, and the price remains independent of the route chosen.
The drop-off of the Client at the destination address is indicated by the Driver on the app, which shows the Client the final price of the ride.
Once the price is paid, the Client receives an invoice.
The Client expressly waives the exercise of the 14-day statutory right of withdrawal, as the Service is instantaneous and performed before the expiration of this period.
Once confirmed and accepted by the Partner, as described above, the order cannot be modified. Any modification of the ride by the Client will result in a change of the price.
Once confirmed and accepted by the Partner, as described above, the meal order cannot be canceled. The Service Provider reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or level of execution, in case of non-payment or partial payment of any amount due by the Client, payment incidents, or fraud attempts related to the use of its website or app, including with previous orders.
In any case, and in the event of total or partial unavailability of products after placing the order, the Client will be informed as soon as possible of the unavailability and cancellation of their order. In this case, the order will be automatically canceled, and the Client's bank account will not be charged.
Regarding taxi or VTC orders, the Client may cancel their order at any time before the vehicle arrives. However, in the event of a late cancellation or no-show, cancellation fees may apply. The Client will be warned of these possible fees before confirming their intention to cancel the order. If the Driver cancels the order, no cancellation fee will generally be charged to the Client, and they will not be entitled to any compensation.
Products are provided at the prices currently in effect as listed on the website or application at the time the order is placed by the Customer.
Prices are expressed in Euros and inclusive of all taxes (TTC).
These prices are fixed and non-negotiable during their validity period, as indicated on the website or the application. The Service Provider reserves the right to modify prices at any time, outside of this validity period, without prior notice or notification.
Additional fees may apply for the transportation of luggage or animals.
In certain regions, the price may be negotiable via the application, and the Driver may propose a rate (before the trip starts). Price negotiations may occur within the application through notifications exchanged between the customer and driver, with such negotiations needing to take place before the trip begins.
The price is payable in full at the time the order is placed by the Customer, using secure payment methods such as credit cards: Carte Bancaire, Visa, MasterCard, Maestro, etc.
Payment by cash, check, or meal vouchers is only possible when the selected restaurant Partner accepts them.
Payment can also be made in cash at the end of the ride for a Taxi or VTC order.
To accept a cash payment, the Partner (either for Dining or Transport) must have the equivalent of the commission owed to SMOVO in their SMOVO account wallet, to allow the automatic deduction of SMOVO’s service fees.
All payments are irrevocable, except in the case of fraudulent use of the card when paying by credit card.
Furthermore, the Service Provider reserves the right to suspend or cancel the delivery of ongoing orders made by the Customer in case of non-compliance with the payment terms above.
No additional fees, exceeding the costs incurred by the Service Provider for the use of a payment method, will be charged to the Customer.
For any unpaid payment or delayed payment, the remaining amounts due will be increased by 40 (forty) euros as a penalty, in accordance with article 1231-5 of the French Civil Code.
In all cases, and regardless of the payment method chosen, if the Price is not paid by the end of the
Ride, the amount will be automatically deducted from the credit card provided by the Passenger during their registration in the Application.
Cancellation by the customer is free as long as it occurs before the partner accepts the order. If the order is canceled more than 4 minutes after acceptance, cancellation fees will be applied, according to a predefined percentage of 40%. The cancellation fees will be divided between the administrator, who will receive 10%, and the partner, who will receive 90%. Refunds will be processed as follows: for payments made via the wallet, an immediate credit will be applied to the customer’s balance.
For payments made by credit card, the refund will be processed within 5 business days. However, no refund is possible for payments made in cash. If the partner cancels the order after acceptance, the customer will be fully refunded, with no fees.
The Products ordered by the Customer will be delivered to the address provided by the Customer at the time of the order. Delivery times are purely indicative.
Delivery consists of transferring the physical possession or control of the Product to the Customer. The Customer must check the condition of the delivered products.
The customer can also choose the "Takeaway" option, in which case they are responsible for picking up the order from the Partner.
The Service Provider undertakes to provide the Services with diligence and in accordance with industry standards, acknowledging that it has an obligation of means, not a result, which the Customers expressly recognize and accept. The Services are provided "as is" and "subject to availability."
The Service Provider is not responsible for any failure, breakdown, difficulty, or interruption that prevents access to the website or any of its features.
The connection equipment used to access the site is the sole responsibility of the Customer, who must take all necessary precautions to protect the equipment and data, including from Internet-based attacks such as viruses.
The Service Provider does not guarantee that its services will be secure or free from bugs or viruses. The Customer acknowledges that data transmitted over the Internet is not protected from interception, and that transmitting passwords, confidential codes, or sensitive information is done at the Customer’s own risk.
The site is used in accordance with the terms of use and under the sole direction, control, and responsibility of the Customer.
As a result, the Service Provider cannot be held civilly liable to the Customer or any third party for any direct or indirect damage arising from the use of the Site or Application, including, but not limited to, inaccuracies or incompleteness of information, delays, or missing content or updates.
The Service Provider is not responsible for providing information on allergies or dietary details of the products ordered. Only the Partners are required to provide this information to the Service Provider, who then reproduces it on the website or application. Therefore, the Partners are solely responsible in this regard. Partners must update the information about their Products when any changes occur.
The Service Provider is not responsible for the preparation or delivery times of orders.
The Service Provider does not act as a transporter; the transport service is provided by independent driver Partners, who have no direct relationship with the Service Provider.
The Service Provider provides tools and technical means for Passengers and Drivers to connect for passenger transport. Its responsibility is limited to providing these means, as described herein, and facilitating the connection between Passengers and Drivers.
The Service Provider is not involved in the relationship between Passengers and Drivers, nor does it intervene in the trips, their quality, safety, location, or schedules.
The Customer Passenger is required to comply with road code regulations and may face a fine if controlled by the authorities.
In case of vehicle damage caused by the Passenger, the Service Provider will charge the Passenger a flat fee of one hundred (100) euros including tax for vehicle repairs or equipment replacement. For more significant repairs, the Passenger may be charged a higher amount based on the evidence presented by the Driver.
The payment for any vehicle damage will be automatically charged to the credit card the Passenger provided at the time of registration in the Application.
In case of theft caused by the Passenger, the Service Provider will charge the Passenger the amount based on evidence presented by the Driver.
The Parties will not be held responsible if the non-performance or delay in performing any of their obligations, as described herein, results from a force majeure event, as defined by article 1218 of the French Civil Code, or from any epidemic that impacts the Service Provider’s activities.
The Customer is strictly prohibited from establishing any hyperlinks to any part of the website, unless prior written authorization is granted by the Service Provider, which can be requested by email at the following address: [email protected]
The Service Provider is free to refuse this authorization without providing any justification. If the Service Provider grants authorization, it is temporary and can be revoked at any time, without the need for justification.
In any case, any link must be removed upon simple request by the Service Provider.
Any information accessible through a link to other websites is not under the control of the Service Provider, who disclaims any responsibility for their content.
In accordance with the law 78-17 of January 6, 1978, as amended by law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for processing their order and for invoicing, among other things.
These data may be communicated to the Service Provider’s partners responsible for executing, processing, managing, and paying for the orders.
The processing of information provided through the website or application complies with legal requirements for personal data protection, with the information system ensuring optimal protection of such data.
The Customer has, in accordance with current national and European regulations, a permanent right to access, modify, rectify, object to, transfer, and limit the processing of information about themselves.
This right can be exercised under the conditions defined on the website.
The content of the website or application is the property of the Service Provider and its partners, protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
In accordance with applicable regulations on personal data protection, any person has the right to (i) access, (ii) rectify, (iii) erase, (iv) limit, (v) transfer their data, and (vi) object to the processing by contacting the following address: [email protected], provided that they may need to prove their identity.
These General Terms and Conditions of Service and any related operations are governed by French law.
They are written in French. In case of translation into one or more languages, the French text will prevail in case of dispute.
All disputes arising from operations concluded under these General Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences, and follow-up, which could not be resolved between the Service Provider and the customer, will be submitted to the competent courts under common law conditions.
The Customer is informed that they can, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission, within one year of submitting a written complaint (C. consom. art. L 612-1), or any other alternative dispute resolution method (e.g., conciliation) in case of disagreement.
The mediation request should be made by:
Completing the form on the AME CONSO website: www.mediationconso-ame.com
Sending a letter to AME CONSO, 11 Place Dauphine – 75001 PARIS.
Each party is free to accept or reject the proposed solution and, if necessary, bring the matter to the competent courts.
The European Commission has set up an online dispute resolution platform which the Consumer Client can access:
https://webgate.ec.europa.eu/odr