Terms and Conditions of Sale

These General Terms and Conditions for the Supply of Services are entered into between the following two parties.

• PLANNERS: the company THE GOBELINERS, a société par actions simplifiée unipersonnelle with a share capital of 10,000 euros, whose registered office is located at 61 rue de Lyon, 75012 Paris, registered with the Paris Trade and Companies Register under number 532 571 122, EU VAT number FR91532571122, represented by Benjamin Jeanjean, publication director. THE GOBELINERS publishes and operates the Planners brand and site. For the sake of legibility hereof, it is referred to as "PLANNERS".
• The Client: the professional, whether a natural or legal person, who creates an account on the Platform in order to present their wedding or event services on it and to enter into contact with couples. The Client acts exclusively within the scope of their professional activity.

The Client is referred to as a "provider" on the public pages of the Platform and in the General Terms of Use. The terms "Client" and "provider" designate one and the same party: the professional counterparty. PLANNERS is in no case the "provider" within the meaning of the public pages: PLANNERS is the operator of the Platform.

The other terms used herein shall be understood as follows:

• The Platform: the online service operated by PLANNERS, accessible on the sites planners.fr, plannerz.be, plannerz.co.uk, plannerz.de, plannerz.it, plannerz.es and plannerz.pt, as well as on the management area reserved for Clients.
• The Couple: the consumer user who submits a wedding or event project on the Platform. The Couple is not a party hereto.
• The Listing: the Client's public page on the Platform, made up of their information, texts, photographs and videos.
• The Client's Content: all of the items transmitted to the Platform by the Client, in particular texts, photographs, videos and identification information.
• The Request: the project submitted by a Couple and transmitted to the Client on the Platform.
• The Credit: the unit of account defined in article 7.
• The Unlock: the Client's access to the identity and contact details of the Couple who submitted a Request.
• The Subscription: the paid offer with tacit renewal defined in article 8.

PLANNERS may be contacted at the address hello@planners.fr and by means of the contact form of the Platform.

These terms constitute, in accordance with article L. 441-1 of the French Commercial Code, the sole basis of the commercial relationship between PLANNERS and the Client.

They define the conditions under which PLANNERS supplies the Client with the services described in article 5.

They apply without restriction or reservation to any use of the Platform by the Client, whatever the clauses which may appear on the Client's documents, and in particular their own general terms and conditions, which are unenforceable against PLANNERS.

Services are subscribed to exclusively online, from the Platform. PLANNERS does not market its services by canvassing, by direct contact or on paper.

Any creation of an account and any order imply unreserved acceptance hereof, which the Client manifests by ticking the box provided for that purpose. These terms are accessible at all times on the Platform and are communicated to any Client who so requests.

These terms operate together with the General Terms of Use, which govern the general use of the Platform, and with the Privacy Policy, which governs the processing of personal data. In the event of a contradiction on a point relating to the commercial relationship between PLANNERS and the Client, these terms shall prevail.

PLANNERS may amend these terms. Any amendment is notified to the Client on a durable medium, at the email address associated with their account, before it comes into force.

The notice period is:

• fifteen days at least from the notification;
• thirty days at least where the amendment requires the Client to make a technical or commercial adaptation, or where it relates to the ranking parameters described in article 11.

During the notice period, the Client may terminate the contract free of charge, in accordance with the arrangements of article 8. They may also waive the notice period by an express and unequivocal declaration.

The Client's mere continued use of the Platform does not constitute a waiver of the notice period.

The notice period does not apply where the amendment results from a legal or regulatory obligation requiring PLANNERS to amend these terms within a period which does not allow it to be observed, or where it is necessary to counter an imminent danger aimed at protecting the Platform, the Clients or the Couples against fraud, malware, a data security breach or another cybersecurity risk.

Amendments are not applied retroactively, save where a legal or regulatory obligation so requires. The applicable version is the one in force on the date of the event in question.

The creation of an account and the publication of a Listing in the directory are free of charge. Subscribing to a Subscription is never necessary in order to be listed on the Platform.

The contract is formed only after acceptance of the registration by PLANNERS. PLANNERS first verifies the information declared by the Client, in particular their company registration, and may refuse a registration which does not satisfy the conditions of article 13. The creation of the account and its acceptance are confirmed by email.

The account is personal to the Client. It may not be transferred or assigned to a third party without the prior written agreement of PLANNERS.

For paid orders placed online, the order is recorded when the Client accepts these terms and validates their order. The Client has the opportunity to check the details of their order and its total price, and to correct any errors, before confirming their acceptance.

The data recorded in PLANNERS' computer system and by its payment provider constitutes proof of all the transactions concluded with the Client.

The Client is responsible for maintaining the confidentiality of their account and their password, as well as for the restrictions on access to their equipment. To the extent permitted by applicable law, the Client is responsible for all activities carried out from their account or with their password.

PLANNERS provides the Client with the following services, to the exclusion of any other:

• the publication of a Listing in the Platform's directory, free of charge, populated by the Client from their account;
• the receipt of the Requests submitted by the Couples and transmitted to the Client;
• the Unlock of the identity and contact details of the Couple who submitted a Request, under the conditions of article 7;
• access to the consultation statistics of their Listing;
• the Subscriptions described in article 8, and the additional features attached to them, as described on the pricing pages of the Platform on the day of subscription.

PLANNERS is an intermediary putting parties in contact. PLANNERS is not a party to the contracts concluded between the Client and the Couples, and guarantees no volume of Requests, no response rate and no commercial result.

Distribution channels. The Client is informed that their Listing and their Content are liable to be distributed:

• on all of the Platform's sites listed in article 1, whatever the site from which the Client registered;
• within embeddable directory modules, inserted into editorial pages, including on third-party sites;
• in an automatically translated version, by an automatic translation service, without human review. The Client may report any erroneous translation to the address hello@planners.fr and request its correction or withdrawal.

PLANNERS does not distribute the Client's Listing through any other channel. There is no affiliate programme and no network for distributing the Listing other than those listed above.

Registration on the Platform and publication of the Listing are free of charge. Only the Subscriptions and the Credits are chargeable.

The paid services are supplied at the prices in force on the day of the order, as displayed on the Platform, according to the plan and the frequency chosen by the Client. The total price is displayed before any order is validated.

The price scale applicable to Credits is tapered: the unit price decreases with the quantity purchased, within the limits indicated on the Platform. The total price is calculated and displayed by PLANNERS before payment.

Value added tax. The applicable regime depends on the situation declared by the Client at the time of payment:

• for a Client established in France, the displayed Subscription prices are inclusive of all taxes: the amount displayed is the amount debited;
• for a professional Client established in another Member State of the European Union who provides a valid EU VAT number, VAT is reverse-charged: the Client is debited the amount exclusive of tax and pays the tax in their State of establishment;
• for purchases of Credits, no tax is added to the amount displayed: the amount displayed is the amount debited.

PLANNERS may change its prices. Any price change is notified in accordance with the notice conditions of article 3. Current Subscriptions are not affected by a new price: they continue to be invoiced at the price subscribed to for as long as they are not terminated. A new price applies only to subscriptions taken out after it comes into force.

PLANNERS may offer price reductions or free periods. Their conditions and their duration are those indicated on the Platform at the time of the offer.

Definition. The Credit is a unit of account internal to the Platform. It is not a payment instrument, nor a form of electronic money, and has no monetary counter-value. One Credit allows one Unlock, that is to say access to the email address and telephone number of the Couple who submitted a Request.

Acquisition. The Client obtains Credits:

• by individual purchase, at the price scale of article 6;
• by the allocation attached to the Essentiel Subscription, at the rate of three Credits per instalment paid, allocated on each invoice paid, including the first.

Validity. Credits do not expire and carry over from one period to the next: unused Credits are added to the existing balance and remain there.

Fate on termination. The termination of a Subscription, by the Client or by PLANNERS, does not entail the loss of the balance of Credits. The balance remains vested in the Client and usable for as long as their account exists. However, the deletion of the account, at the Client's initiative, entails the definitive loss of the balance.

Non-refundable. Credits are neither refundable in money, nor transferable, nor convertible. They may give rise only to the restitution in Credit provided for in article 10.

Refund of a purchase. Where a purchase of Credits is the subject of a refund or of a dispute resulting in the sums being returned to the Client, the corresponding Credits are withdrawn from the balance. The Client who has recovered their payment does not keep the Credits. The withdrawal is carried out even if the balance becomes negative, where the Credits have already been consumed; a negative balance prohibits any new Unlock until it has been regularised by a new purchase.

Premium Clients. The Client holding a Premium Subscription accesses the Couples' contact details without spending a Credit. They are expressly informed that, for a Premium, the mere consultation of a Request reveals the Couple's contact details and constitutes an Unlock, without any separate act of confirmation.

Offers. PLANNERS offers two Subscriptions, whose functional content is described on the pricing pages of the Platform:

• Essentiel: 49 euros inclusive of all taxes per month, including three Credits per instalment paid under the conditions of article 7;
• Premium: 119 euros inclusive of all taxes per month, or 1,188 euros inclusive of all taxes per year.

Duration and renewal. The Subscription is concluded for an initial term corresponding to the frequency chosen by the Client, monthly or annual. It is tacitly renewed, at its expiry, for successive periods of the same duration, for as long as it has not been terminated.

Payment of instalments. On each renewal, the amount for the following period is automatically debited, by the payment provider mentioned in article 9, from the means of payment registered by the Client. The Client shall ensure the validity of that means of payment.

Termination by the Client. The Client may terminate their Subscription at any time, without reason and free of charge, from the billing portal accessible from their account on the Platform. This is the only means of terminating the Subscription.

The termination takes effect at the end of the current period. The Subscription and its features remain active until that date and no subsequent instalment is debited. The sums already paid in respect of the current period do not give rise to any refund, even partial or pro rata.

Effects of termination. At expiry, the Client loses the features attached to the Subscription and its effect on the ranking described in article 11. Their account, their free Listing and their balance of Credits are retained.

Termination by PLANNERS. This is subject to the conditions as to grounds and notice of article 16.

Change of price. The conditions of article 6 apply: a current Subscription retains the price at which it was taken out.

Payment provider. All payments are collected by Stripe Payments Europe, Ltd., PLANNERS' payment services provider. PLANNERS does not collect, process or store any bank card data: this data is entered and held by Stripe, and PLANNERS never has access to it.

Payment in advance. The price is payable in cash and in advance, in full, by bank card, exclusively online. Subscriptions are paid on subscription and then on each instalment. Credits are paid for at the time of their purchase. The corresponding services are supplied as from the effective collection of the payment.

Invoicing. The Client is informed of the following arrangements, which differ according to the flow:

• Subscriptions: invoices are issued and made available to the Client in the billing portal accessible from their account;
• Purchases of Credits: payment gives rise to the sending of a payment receipt to the Client's email address. No invoice is issued on this flow.

No additional charge exceeding the costs borne by PLANNERS for the use of a means of payment may be charged to the Client.

Late payment. In accordance with article L. 441-10 of the French Commercial Code, any sum not paid on its due date gives rise, automatically and without any reminder being necessary, to the payment of late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points. To this is added a fixed indemnity for recovery costs of 40 euros, set by regulation, without prejudice to additional compensation on production of supporting evidence if the costs incurred are higher. No discount is granted for early payment.

In the event of failure or default of payment, PLANNERS may suspend the paid features under the conditions of article 16.

PLANNERS restitutes to the Client, under the conditions set out below, the Credit spent on an Unlock which has come to nothing. The restitution is made in Credit, never in money.

Beneficiaries. The guarantee benefits only the Client who has actually spent a Credit. The Client holding a Premium Subscription is not eligible for it: accessing contact details without spending a Credit, they have no Credit to be restituted to them.

Reporting. The Client reports the Unlock from their account, under the following conditions:

• the report must be made within a period of fourteen days from the Unlock; after that period, it is inadmissible;
• only one report is admissible per Unlock;
• the Client may not make more than two reports per rolling thirty-day period;
• the grounds for reporting are exhaustively the following: invalid telephone number, total absence of response from the Couple, or manifestly bogus Request. No other ground is admissible.

Cross-check. Any admissible report gives rise to an enquiry to the Couple, by email, on a dedicated page:

• if the Couple replies that they are still searching, the report is rejected without restitution: the introduction was effective and the Client is invited to attempt contact again;
• if the Couple replies that they are no longer searching, the Credit is restituted;
• if the Couple does not reply within a period of seventy-two hours, the Credit is restituted automatically.

Manual review. A report of an invalid number relating to a telephone number previously verified by one-time code is subject to a manual examination by PLANNERS before a decision is taken.

The Client is informed of the decision by email. This guarantee is contractual and is in addition to, and does not replace, the rights they hold under the law.

This article describes the main parameters determining the ranking of Listings and their relative importance.

Score. Each Client is assigned an internal score, recalculated daily. This score is communicated neither to the Client nor to the public. It results from a profile rating, adjusted by a responsiveness coefficient.

Parameters of the profile rating, set out in decreasing order of importance, the completeness of the Listing being the first:

• the completeness of the Listing: information filled in, areas of operation, services described;
• the richness of the content: quality and quantity of the texts and of the photographs;
• the freshness of the Listing: how long ago it was last updated;
• the Client's active Subscription, under the conditions described below.

A discovery bonus, tapering over the first sixty days, is granted to newly published Listings in order to give them initial visibility.

Responsiveness coefficient. The profile rating is multiplied by a coefficient which depends on the proportion of Requests processed by the Client within seven days of their receipt, assessed over a rolling window of ninety days. This coefficient may reduce the score by half at most: it is, on that account, the most powerful lever available to the Client, ahead of the completeness of the Listing.

Effects of remuneration on the ranking. In accordance with the applicable regulations, PLANNERS sets out these effects without reservation:

• an active Premium Subscription confers the highest effect on the profile rating;
• an active Essentiel Subscription confers an intermediate effect;
• the mere fact of having purchased Credits confers a lesser, but real, effect;
• these effects are not cumulative: only the most favourable is retained, and only for as long as the Subscription is active.

Thus, both the Subscription and the purchase of Credits influence the ranking. No other form of remuneration, direct or indirect, influences it.

Ranking contexts. The ranking does not follow the same rules according to the context:

• geographical directory: Listings are sorted by score;
• keyword search: the relevance of the Listing with regard to the query takes precedence; the score intervenes only to decide between Listings of comparable relevance;
• nearby suggestions: approximately two thirds of the positions go to the highest-ranked Listings, the remaining third being allocated by random rotation. This choice is deliberate: it avoids freezing visibility in favour of the same Clients;
• transmission of Requests: at comparable distance, the Clients in a position to unlock the Request, because they hold a balance of Credits or a Premium Subscription, are presented first.

PLANNERS does not disclose the numerical weighting of these parameters, nor the details of the algorithm, the disclosure of these elements making it possible to manipulate the ranking to the detriment of the Couples and of the other Clients.

The Client accesses, from their account and throughout the term of the contract:

• the data they have themselves provided: identification information, the content of their Listing, the contact details and settings of their account;
• the consultation statistics of their Listing;
• the Requests which have been transmitted to them and their history;
• the history of their Credits: allocations, expenditures and restitutions;
• the invoices for their Subscriptions, in the billing portal mentioned in article 9.

Couples' data. The identity and contact details of the Couple who submitted a Request are accessible to the Client only after Unlock, that is to say after a Credit has been spent or, for a Premium Client, as soon as the Request is consulted under the conditions of article 7. Before Unlock, the Client accesses the content of the Request and the indication that the Couple's telephone number has been verified, to the exclusion of any identification data.

Data to which the Client does not have access. The Client accesses neither the data of other Clients, nor the Requests which have not been transmitted to them, nor the aggregated data of the Platform.

Absence of export. PLANNERS offers no export feature for the Client's data, either during or after the contract. It is for the Client to keep, on their side, during the contract, the information they need, in particular the contact details of the Couples they have unlocked.

After the end of the contract. The end of the contract entails the closure of access to the account and the withdrawal of the Listing from the Platform. PLANNERS retains the Client's data only within the limits set out in the Privacy Policy and makes it available in no way after the end of the contract. This paragraph is without prejudice to the rights which the Client holds under the personal data regulations.

The Client is responsible for the accuracy, the sincerity and the completeness of the information they provide. They update it without delay in the event of a change.

The Client warrants that they carry on a duly declared professional activity. The Client established in France must be registered with the Registre national des entreprises (French National Business Register) and provide a valid identification number: failing this, their Listing may not be published or appear in the results of the Platform.

The Client shall refrain from using the Platform:

• in a way which would cause, or would be liable to cause, an interruption, damage or impairment to the Platform or to its services;
• for a fraudulent purpose, or in connection with an offence or an unlawful activity;
• for the purpose of causing disturbance or nuisance to PLANNERS, to the Couples or to the other Clients;
• to collect, extract or reuse in an automated manner the content of the Platform or the data of other Clients.

The Client is solely responsible for the relationship they enter into with the Couples, for the contracts they conclude with them and for their performance. They use the contact details obtained by Unlock for the sole purpose of responding to the corresponding Request, to the exclusion of any canvassing unrelated to it.

The Client is responsible for all activities carried out from their account.

PLANNERS' rights. PLANNERS remains the holder of all intellectual property rights in the Platform, its structure, its developments, its databases, its trade marks and its distinctive signs. The Client shall refrain from any reproduction or exploitation of these elements without the express, written and prior authorisation of PLANNERS.

The Client's rights. The Client remains the holder of the rights in their Content. These terms entail no assignment of those rights.

Licence granted to PLANNERS. For the sole purposes of operating the Platform and of distributing and promoting the Client's Listing on it, the Client grants PLANNERS a non-exclusive and free-of-charge licence, delimited as follows:

• rights granted: reproduction, representation and adaptation of the Client's Content;
• authorised adaptations: resizing, cropping, compression, change of format and other technical processing necessary for display on any device, as well as the automatic translation of the texts, under the conditions of article 5;
• media and channels: the Platform's sites listed in article 1, the management area, the embeddable directory modules mentioned in article 5, and PLANNERS' communications presenting the Client's Listing;
• territorial scope: worldwide, by reason of the online accessibility of the Platform;
• duration: the duration of publication of the Content on the Platform.

No other use is authorised. In particular, the licence does not allow PLANNERS to exploit the Client's Content for the benefit of a third party outside the presentation of the Listing.

End of the licence. The withdrawal of Content by the Client, or the end of the contract, terminates the licence for the future. The Client is informed that technical copies may temporarily remain in caches and backup copies, until they are renewed or expire.

The Client's warranties. The Client warrants that they hold all of the rights and authorisations necessary for this licence, and in particular:

• that they are the holder of the copyright in the photographs and videos which they publish, or that they have obtained from their authors, in particular from the photographers, an authorisation covering the uses described above;
• that they have obtained the authorisation of the identifiable persons depicted, in respect of image rights;
• that their Content infringes no third-party right and no legal provision.

The Client shall indemnify PLANNERS against any claim, action or order which would result from a breach of these warranties.

PLANNERS provides its services in accordance with the rules of the art and with the descriptions appearing on the Platform. PLANNERS is bound by an obligation of means as regards the accessibility and the operation of the Platform.

PLANNERS guarantees neither a volume of Requests, nor a response rate from the Couples, nor a turnover, nor any other commercial result. The Platform is a shared service, supplied as is to all of its Clients; it is not developed bespoke for a Client.

The Client reports any non-conformity of the services to the address hello@planners.fr, within a reasonable period from their discovery of it, describing it in such a way as to enable it to be examined. PLANNERS implements the appropriate means to remedy it, at its own expense.

PLANNERS' liability may be engaged only in the event of proven fault or negligence. It is limited to direct loss, to the exclusion of any indirect loss of any nature whatsoever, and in particular any loss of opportunity, loss of business, loss of clientele, loss of data or damage to image.

PLANNERS is in no case liable for loss connected with the relations between the Client and the Couples, nor for the quality, the timescales or the performance of the services which the Client supplies to the Couples.

In any event, if PLANNERS' liability were to be established, the compensation would be limited to the total amount of the sums actually paid by the Client to PLANNERS during the twelve months preceding the event giving rise to the damage.

PLANNERS' liability may not be engaged in the event of force majeure, nor in the event of the unforeseeable and insurmountable act of a third party.

These limitations do not apply in the event of wilful misconduct, gross negligence or in the cases where the law prohibits them.

Grounds. PLANNERS may restrict, suspend or terminate the supply of all or part of its services to the Client only on one of the following grounds, set out exhaustively:

• default, failure or rejection of the payment of a sum due;
• identification information which is inaccurate, misleading or out of date, or failure to be registered within the meaning of article 13;
• cessation of the Client's professional activity, or removal from the register to which they are subject;
• Content which is illegal, or which infringes the rights of a third party, or breach of the warranties of article 14;
• breach of one of the prohibitions of article 13;
• harm to the security, the integrity or the operation of the Platform, fraud, or cybersecurity risk;
• use of the account by an unauthorised third party, or identity theft;
• injunction of an administrative or judicial authority, or legal or regulatory obligation requiring the measure.

Statement of reasons. Before the restriction or the suspension takes effect, or at the time it takes effect, PLANNERS communicates to the Client, on a durable medium, the statement of reasons for its decision, indicating the facts or circumstances which led it to take that decision. This statement is not due where a legal or regulatory obligation prohibits it, or where PLANNERS establishes that the Client has repeatedly infringed these terms, resulting in termination.

Termination. The termination of the contract by PLANNERS is notified on a durable medium, with the statement of its reasons, subject to thirty days' notice. This notice is not due where:

• a legal or regulatory obligation requires PLANNERS to terminate without being able to observe that period;
• PLANNERS exercises a right of termination on imperative grounds under national law;
• PLANNERS can demonstrate that the Client has repeatedly infringed these terms.

During the notice period, the current Subscription is not renewed and no new instalment is debited.

Challenge. The Client may challenge the measure by writing to hello@planners.fr, setting out the elements they wish to rely on. PLANNERS re-examines its decision in the light of those elements and informs the Client of the outcome of that re-examination. Where the measure proves to be unfounded, it is lifted without delay.

The effects of the end of the contract on the Credits are those of article 7, and on the data those of article 12.

PLANNERS offers no wedding or event service of its own. PLANNERS does not own, control or operate any of the Clients listed on the Platform, and has with none of them any shareholding or control link.

Consequently, PLANNERS grants no Client more favourable treatment than that resulting from these terms. The only differences in treatment between Clients are those which result from the Subscriptions described in article 8 and from their effects on the ranking, described in article 11.

The Platform's Privacy Policy is the reference document as regards the protection of personal data. It describes the categories of data processed, the purposes, the legal bases, the retention periods, the recipients and the processors. This article is merely a reminder of it and does not replace it.

Within the framework of the contract, PLANNERS processes the Client's data necessary for the creation and management of their account, for the publication of their Listing, for the performance of orders, for invoicing, for the security of the Platform and for the commercial relationship.

No bank card data is collected or stored by PLANNERS: this data is entered and held by the payment provider mentioned in article 9.

The personal data of the Couples obtained by Unlock is processed by the Client under their own responsibility, for the sole purposes of putting the parties in contact, and in compliance with the applicable regulations.

In accordance with the applicable regulations, in particular the European regulation on data protection and French Law no. 78-17 of 6 January 1978 as amended, the Client has the rights of access, rectification, erasure, restriction, objection and portability of the data concerning them, as well as the right to withdraw their consent where the processing is based on it. They exercise these rights by writing to privacy@planners.fr, or from the settings of their account for the data they have entered there.

The Client also has the right to lodge a complaint with the Commission nationale de l'informatique et des libertés.

All disputes to which this contract might give rise, concerning both its validity, its interpretation, its performance, its termination, their consequences and their aftermath, shall be submitted to the competent French courts under the conditions of the general law.

The parties shall endeavour, prior to any action, to resolve their difference amicably. The Client may send any complaint to hello@planners.fr.

By express agreement between the parties, these General Terms and Conditions for the Supply of Services and the operations arising from them are governed by French law.

They are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text is authoritative in the event of a dispute.