“TANKYOU” refers to the simplified joint stock company “TANKYOU”, with a share capital of 44,189 euros, with its registered office at 128 rue La Boétie, 75008 PARIS, registered in the Paris Trade and Companies Register, under the number 820 854 370.
“Application” refers to a downloadable program developed to be installed on mobile devices and executable from the operating system of a mobile terminal, such as a smartphone or a tablet.
“Customer” refers to any natural or legal person wishing to acquire, as a consumer, Services marketed by TANKYOU or its Partners.
“Order” refers to the order form sent by TANKYOU summarizing the Customer's requests.
“Customer Account” refers to the strictly personal space created by TANKYOU on the Site or the Application, also referred to as the “Dashboard”.
“Conditions” refers to these general terms and conditions of sale of Services.
“Special Conditions” has the meaning referred to in Article 2 below.
“Contract” has the meaning referred to in Article 2 below.
“Decision maker” refers to the person authorized by the Customer to place or modify an order with TANKYOU on behalf of the Customer.
“Data” refers to any compilation of data collected by TANKYOU as part of the provision of the Services.
“Onboarding” refers to the email sent by TANK YOU to the Customer, following the creation by the latter of his Customer Account.
“Delivery” refers to the delivery of fuel, electric recharge or maintenance services by TANKYOU in accordance with Orders placed by Customers.
“Services” refers to the services marketed by TANKYOU and likely to be the subject of an Order by a Customer and in particular the delivery of fuels, electric recharges or maintenance services to the locations indicated by the Customer.
“Site” refers to the TANKYOU website: www.tankyou.com.
“Solution” refers to the interface including in particular the Site and the Application, developed by TANKYOU and made available to Customers as part of the provision of the Service.
These Conditions apply to any purchase of a Service and are concluded between TANKYOU on the one hand and any individual or professional Customer on the other hand, wishing to proceed with the purchase of a Service. The list of Services appears on the Application and on the Site. The Services are available exclusively in mainland France, under certain conditions, and in the list of municipalities appearing in the tab dedicated to this purpose on the Site and on the Application.
The Conditions aim to define the contractual relationships between TANKYOU and the Customer and prevail over any general or particular purchase condition, unless prior written and express derogation is granted. The Conditions are available on the Site and will be applicable as soon as they are posted online. The documents constituting the contract concluded between TANKYOU and the Customer are these Conditions and the special conditions concluded between the parties and appearing in the Order (hereinafter the “Special Conditions”). The Contract thus constituted expresses the entire agreement between the parties and replaces any other previous document issued by the parties. In case of contradiction between the Conditions and the Special Conditions, the latter prevail over the Conditions.
Any Order implies full and unreserved acceptance of these Conditions by the Customer. The Customer undertakes to read the Conditions and to accept them, before placing the Order. The Customer thus acknowledges having read and understood these Conditions.
The fact that TANKYOU does not invoke any of the clauses contained in the Conditions at a given time cannot be interpreted as a waiver of the right to rely on any of these Conditions at a later date.
TANKYOU reserves the right to modify these Conditions at any time. The applicable Conditions are those in force on the date of the Order placed by the Customer.
The Customer acknowledges having been provided, prior to the placing and acceptance of his Order, of these Conditions and of all the information listed in article L. 221-5 of the Consumer Code.
The following information is sent to the Customer, in a clear and understandable manner on his Customer Space:
The use of the Services requires the Customer to open a Customer Account, via the Site or the Application. Registration requires personal information (names, first names, address, the information necessary to identify one's vehicle (s), etc.) as well as the Customer's bank details. The Customer can unsubscribe at any time by closing his Customer Account. To do this, all he has to do is click on the dedicated option in the settings of said Customer Account.
In order to access the Application and the Site and to benefit from all of its functionalities, the Customer must have computer or mobile equipment, namely a computer and/or a smartphone and/or an electronic tablet. He must use an adequate Internet browser and have access to the Internet at an appropriate speed. The Customer has access to the Site and the Application by connecting using the identifiers communicated to him by TANKYOU. Identifiers are personal and confidential. They can only be changed at the request of Customers or at the initiative of TANKYOU provided that Customers are informed in advance. The Customer is responsible for the protection and any use of his identifiers and is responsible for all the consequences that may result for him, TANKYOU or third parties. If the Customer is aware of an unauthorized use of his identifiers and/or his Customer Account, he shall inform TANKYOU without delay. By connecting to his Customer Account, the Customer has access to his personal information, to Orders made or in progress.
After completing the first information relating to his registration, TANK YOU sends the Customer an Onboarding email to the address provided by the latter, requesting communication:
Upon receipt of these elements by TANK YOU, a link is then sent to the Customer, allowing him to be redirected to his online space, in order to provide information on:
Once the Customer has entered this information into his Customer Account, TANK YOU delegates an operational manager to contact the Customer in order to agree on the terms of the Order.
An Order can be placed via the Site, the application, the hotline, by SMS, by email or by any instant messaging system and includes:
one or more contacts on site that can be reached at the desired Delivery times as well as their identities and telephone numbers;
The Customer has the possibility of appointing a Decision Maker, who will be the only one capable of placing Orders with TANKYOU and of modifying these Orders upon written request.
Upon receipt of this information, TANKYOU automatically establishes an Order confirmation, sent to the Customer by email to the address provided when registering on the Site, which is made available on the Customer Account. This Order confirmation includes in particular:
All of these elements constitute the Special Conditions of the Order.
The sale of the Service will be considered final after TANKYOU has sent the Customer confirmation of acceptance of the Special Conditions by email.
If the Order is not accepted within seventy-two (72) hours, TANKYOU reserves the right not to perform the Service. Any Order accepted by the Customer is irrevocable as of its receipt by TANKYOU, unless cancellation or modification accepted in writing from TANKYOU. Any condition that deviates from the provisions of these Conditions (such as a special guarantee, penalty for late performance of the Services, particular payment method, etc.) must be formulated by the Customer at the time of acceptance of the Order and must be accepted by TANKYOU.
The benefit of the Order is personal to the Customer and cannot be transferred without the agreement of TANKYOU. TANKYOU reserves the right to refuse a request for a Delivery of less than ten liters. An Order may be cancelled at any time up to twenty-four (24) business hours prior to Delivery. In such a case, the Customer will be fully reimbursed. Otherwise, a penalty equivalent to the service fees will be retained and fully collected by TANKYOU, in the amount of €70 excluding VAT.
After payment of the price, TANKYOU sends an invoice by email to the Customer or makes it available on its Customer Area.
The computerized records, kept in TANKYOU's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between TANKYOU and the Customer. Orders and invoices are archived on a reliable and durable medium that can be produced as proof.
The Contract relating to the provision of Services has a duration defined in the Special Conditions, depending on the Service chosen by the Customer. If necessary, the Contract may be tacitly renewed for a period identical to the initial term, such renewal having to be renewed by the signing of new Special Conditions. Each party reserves the right to terminate the Contract relating to the performance of a Service at any time in the event of non-compliance by the other party with any of its obligations under the Contract, without prejudice to any damages and interests that may be claimed from the defaulting party. For this purpose, the Contract will end ten (10) days after the requesting party has sent a registered letter with acknowledgement of receipt stating the reason for the termination, provided that the defaulting party has not remedied the situation within the period of ten (10) days.
An estimated price is communicated to the Customer when the Customer places the Order. The Customer nevertheless expressly acknowledges the indicative nature of such a price insofar as it depends in particular on the quantity of fuel that will actually be delivered to him and on the price per liter of fuel on the day of Delivery. The prices of the Services are those listed in the Special Conditions. These are prices in euros expressed including all taxes. They do not take into account the service fees invoiced in addition and indicated before the validation of the Order, in the commercial proposal sent by email to the address provided by the Customer when registering. Payment of the full price must be made after acceptance of the Order.
TANKYOU does not charge the cost of accessing the parking area of the vehicle concerned by carrying out the Service. However, in the event of an additional cost borne by TANKYOU (payment for private parking, access to a market, etc.) during the execution of the Service, the corresponding additional cost will be invoiced to the Customer.
To pay for his Order, the Customer has at his choice all the payment methods referred to in the Special Conditions. The Customer guarantees TANKYOU that it has the authorizations that may be necessary to use the payment method referred to in the Special Conditions. TANKYOU reserves the right to suspend all Order management and Delivery in the event of refusal of authorization of payment by bank card from banking institutions. TANKYOU reserves the right to refuse or cancel any Order from a Customer with whom there is a dispute relating to the payment of a previous Order, without the latter being able to claim any compensation. In case of rejection of payment by direct debit, a rejection fee of €15 excluding VAT will be invoiced to the Customer. TANKYOU reserves the right to ask the Customer to pay a security deposit, corresponding to the estimated amount of the services ordered by the Customer over a given period, and the amount of which will be determined by mutual agreement with the Customer.
After termination of the contract, the security deposit will be paid to the Customer only under the condition that all outstanding invoices have been paid. No discount is given for early payment. Any sum not paid by its due date may automatically give rise to the application of late payment penalties equal to three times the legal interest rate in force, in addition to a fixed compensation for recovery costs in the amount of €40, payable the day following the payment date on the invoice, without a reminder being necessary, on any sum not paid by its due date.
In the event that the recovery costs incurred are greater than the amount of this fixed compensation, TANKYOU may request additional compensation upon justification from the Customer.
The Services ordered by the Customer will be carried out within the period agreed between the Parties in the Special Conditions. The period starts from the acceptance of the Order by the Customer. TANKYOU provides its Services from Monday to Saturday, 24 hours a day. The place of Delivery and the delivery times are indicated in the Special Conditions and are confirmed by the Customer who connects to his Customer Account, at the latest twenty-four (24) hours before the Delivery date. The Service is carried out by a TANKYOU driver. TANKYOU cannot be responsible for delivery delays due to traffic conditions or for delays whose causes are beyond the control of TANKYOU. The Customer also undertakes to provide TANKYOU with all the necessary means in order to access the Place of Delivery and to carry out said Delivery safely. To this end, he undertakes in particular to specify to TANKYOU all the access details (and in particular code, direction, parking indications) necessary for the delivery person to access the exact location of the Delivery and to communicate to TANKYOU as soon as possible any change relating to access to the site or to the fleet. The Customer certifies that the Place of Delivery meets all requirements in terms of accessibility and security and that TANKYOU is authorized to deliver to that location; as such, it guarantees TANKYOU against any third party claim alleged against it. TANKYOU cannot be held responsible in the event of erroneous, missing or inaccurate information preventing it from making Delivery within the time slot defined in the Special Conditions.
At the time of the Order, the Customer also undertakes to describe precisely the location where the vehicles on which the Delivery must be carried out are parked. The Customer undertakes to ensure that all of these vehicles are parked in a location provided for this purpose and that their fuel hatches are accessible by TANKYOU at the time indicated for Delivery. Finally, the Customer undertakes to provide TANKYOU with the identity and telephone number of a person who can be reached and present at the time of Delivery. This person will be solely responsible for managing the keys of the vehicles on which the delivery must be carried out and for their movement. As such, TANKYOU staff cannot receive the keys to these vehicles, whether for the Delivery or for the movement of said vehicles and TANKYOU cannot be held liable in this respect. For the perfect information to the Customer, TANKYOU proposes to indicate to him any defect noticed on his vehicles during the execution of the Delivery (in particular missing tank cap or liquid sheet), without, however, his responsibility being incurred in this respect.
In the event that the fuel hatches of the vehicle on which the Delivery must be made are not visible or accessible by TANKYOU at the time of Delivery, the Order will be considered cancelled by the Customer and will give rise to the cancellation costs provided for in Article 5. In the event that the indicated Place of Delivery is inaccessible, TANKYOU will then contact the person whose identity has been communicated to it by the Customer. In the absence of being able to contact this person, the Order will be considered cancelled due to force majeure within the meaning of Article 13.
Finally, it is specified that TANKYOU staff is free to leave the Delivery Location as soon as the time limit defined for Delivery is reached. After each Delivery, a delivery note is sent to the Customer at the email address provided by the Customer when placing the Order. Acceptance of the Delivery involves the verification by the Customer of the nature, quantity and volume delivered. Any complaint relating to the quantity of product delivered or relating to a defect in the product during Delivery, to be admitted, must be formulated within a maximum of 48 hours from the receipt by the Customer of the delivery note by email. In the absence of a dispute within this period, the Delivery will be deemed to have been perfectly carried out by TANKYOU.
In the event that the volume delivered is greater than the volume initially provided for in the Order, the price is defined as being that corresponding to the volume actually delivered adjusted, where appropriate, by the evolution of the corresponding rate. In the event that the volume delivered is less than the volume initially provided for in the Order, the price is defined as being that corresponding to the volume actually delivered adjusted, if applicable, by the corresponding price change.
Given the nature of the Services provided and the method of Delivery, and by way of derogation from Article L. 221-18 of the Consumer Code, the right of withdrawal of fourteen (14) days cannot be exercised on the sale.
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered to be causes for exemption from the parties' obligations and lead to their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Any facts or circumstances that are irresistible, external to the parties, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonable efforts, will be considered as force majeure. Expressly, are considered to be cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals: (i) the blocking of means of transport or supplies, (ii) earthquakes, fires, storms, storms, storms, storms, storms, storms, storms, floods, storms, storms, floods, lightning, (iii) the stopping of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the Contract will be continued. If the case of force majeure lasts longer than three months, these Conditions may be terminated by the injured party.
TANKYOU is expressly subject to an obligation of means in order to perform its service. TANKYOU does not assume any responsibility for financial or commercial damages that may result from a breach of its obligations, in particular (and without limitation) loss of profit, damage to image, loss of profit, customers or expected savings, nor for any other indirect damages whatsoever.
Subject to the preceding provisions, if TANKYOU's pecuniary liability were to be retained under the Contract, it would be strictly limited to the amount actually received by TANKYOU for the Services in question.
The “TANKYOU” brand is and will remain the exclusive property of TANKYOU. Any total or partial reproduction, modification or use of these brands and related illustrations, images and logos, for any reason and on any medium whatsoever, without the express and prior agreement of TANKYOU, is strictly prohibited.
All technical documents delivered to the Customer directly or through the Application or the Site remain the exclusive property of TANKYOU, the sole holder of the intellectual property rights on these documents, and must be returned to him at his request. The Customer undertakes not to make any use of these documents, which may infringe TANKYOU's industrial or intellectual property rights and undertakes not to disclose them to any third party without the express agreement of TANKYOU.
Subject to the preceding provisions, if TANKYOU's pecuniary liability were to be retained under the Contract, it would be strictly limited to the amount actually received by TANKYOU for the Services in question.
TANKYOU retains the exclusive ownership of the techniques, methods, know-how, tools, materials and software that it would have developed and/or made available to the Customer as part of the provision of the Services.
The Customer explicitly authorizes TANKYOU to use its name, logo and brand image in the context of communication on the Site. For the purposes of providing the Services, the Customer also authorizes TANKYOU to keep the data collected concerning the consumption, brand and license plates of the vehicles on which Deliveries are made.
The Data collected and/or processed on behalf of the Customer in the context of the provision of the Services are the exclusive property of the Customer. TANKYOU, as responsible for the processing of personal data provided by Customers, undertakes to strictly comply with the provisions of Law No. 78-17 of 6 January 1978 as well as the European Regulation 2016/679 of 27 April 2016 relating to the protection of natural persons with regard to the processing of personal data with regard to the processing of personal data and the free movement of such data and any other applicable regulations in this area that would later supplement or replace them..
Personal data is intended for TANKYOU, the legal persons in its group and its partners and subcontractors. The data is used only for the purposes of processing, payment, and delivery of Orders and Services to the Customer, for which they are necessary.
The information collected may be transferred, stored and processed in any country or territory in which TANKYOU, the legal entities of its group and its partners and subcontractors are located; it being specified that these countries are located in the European Union and, if this were not the case, appropriate guarantees within the meaning of article 46 and following of the aforesaid European regulation would be implemented. TANKYOU strictly requires legal persons in its group, partners and subcontractors to use Customers' personal data only to manage the services entrusted to them. These service providers are also required to always act in accordance with applicable laws and regulations concerning the protection of personal data and to pay particular attention to the confidentiality and security of this data. TANKYOU may also use the Customer's data for its legitimate interest in commercial development, technical improvement of its systems and the knowledge of its Customers.
The Customer's personal data may finally be communicated in application of a law, a regulation, a decision of a regulatory or judicial authority and finally, if necessary for TANKYOU in order to preserve its rights and interests. TANKYOU is committed to implementing and enforcing the security measures it deems necessary in order to ensure the confidentiality of the data collected during the period of their processing.
The Customer's personal data is kept for a period of 3 years from the receipt of the Order placed by the Customer. This data is kept for commercial purposes as well as for purposes of evidence and accounting obligations. For the entire period of conservation of the Customer's personal data, their archiving is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy. The Customer has rights to access, rectify and delete personal data concerning him, as well as a right to limit the processing and to the portability of his data. He also has the right to oppose the processing of his personal data for legitimate reasons as well as the right to oppose the processing of his data for prospecting purposes.
The Customer can exercise his rights at any time by contacting customer service:
Any request made by mail must be signed and accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the response must be sent. A response will then be sent to the Customer within two months following receipt of the request. Finally, the Customer has the right to file a complaint with the CNIL at the following address: Commission Nationale de l'Informatique et des Libertés, 3, Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07.
If one or more provisions of these Terms are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions will remain in full force and effect.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
These Conditions are subject to the application of French law. In the event of a dispute or complaint, the Customer will first contact TANKYOU to obtain an amicable solution. If they are not successful, all disputes to which the purchase and sale transactions concluded pursuant to these Terms may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved between TANKYOU and the Customer and which could not have been resolved between TANKYOU and the Customer will be submitted to the Paris Commercial Court. The Customer is informed that he may in any event use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies or any alternative dispute resolution method in the event of a dispute.
Lorem Ipsum is simply dummy text of the printing and typing industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of “de Finibus Bonorum et Malorum” (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, “Lorem Ipsum dolor sit amet.. “, comes from a line in section 1.10.32.
The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from “de Finibus Bonorum et Malorum” by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.
Lorem Ipsum is simply dummy text of the printing and typing industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of “de Finibus Bonorum et Malorum” (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, “Lorem Ipsum dolor sit amet.. “, comes from a line in section 1.10.32.
Lorem Ipsum is simply dummy text of the printing and typing industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of “de Finibus Bonorum et Malorum” (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, “Lorem Ipsum dolor sit amet.. “, comes from a line in section 1.10.32.
Lorem Ipsum is simply dummy text of the printing and typing industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Vehicle by vehicle, on your deposit. 24 hours a day, 6 days a week.
Save on your fuel, reduce your carbon footprint, and simplify the daily life of your employees.
