DAVAD Terms of Service — Europe

DAVAD Terms of Service (Europe)

Effective: 2026-06-16 · Version 1.0 (EU) · Applies to users in the EU, the EEA, the United Kingdom, and Switzerland

1. Who we are and what these Terms cover

Gomiamm ("Gomiamm", "we", "us"), société par actions simplifiée à associé unique au capital de 1 000 euros, immatriculée au RCS de Paris sous le numéro 106 670 201, dont le siège social est situé 66 avenue des Champs-Élysées, 75008 Paris, France, operates the DAVAD consumer app, the DAVAD Livreur courier app, and gomiamm.com (the "Services").

These Terms form a binding agreement between you and Gomiamm. By creating an account, placing an order, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. Nothing in these Terms affects the mandatory consumer-protection rights you have under the law of your country of residence.

2. Account creation

3. Placing an order

4. Price, payment, and VAT

5. Right of withdrawal

Perishable goods exemption. Under Article 16 of Directive 2011/83/EU on consumer rights (and its national transpositions, e.g. Art. L221-28 of the French Consumer Code), the 14-day right of withdrawal does not apply to the supply of food, drinks, or other goods that are liable to deteriorate or expire rapidly, nor to services fully performed with your prior agreement. Prepared-food delivery therefore falls outside the withdrawal right. This does not affect your statutory rights if an order is defective or not as described (Section 6).

6. Defective orders and refunds (legal guarantee of conformity)

7. Tips

100% of every tip goes to the driver. Always. Gomiamm never takes a percentage and never reduces a tip when issuing a refund. If an entire order is refunded because no delivery occurred, the tip is refunded too; a partial refund does not reduce the tip.

8. Prohibited uses

9. Drivers and restaurants are independent

Drivers using the DAVAD Livreur app are independent contractors, not employees of Gomiamm. Restaurants and stores are independent businesses. We facilitate the connection; we do not employ the driver or operate the kitchen.

10. Intellectual property

The Services, including the apps, the website, the DAVAD and Gomiamm names and logos, and our software, are owned by Gomiamm and protected by intellectual-property law. We grant you a limited, revocable, non-exclusive licence to use them to place and receive orders. You may not copy, modify, or redistribute any part except as expressly permitted.

11. Liability

We provide the Services with reasonable skill and care. We are liable for foreseeable loss caused by our breach of these Terms or our negligence. We do not exclude or limit our liability where it would be unlawful to do so — this includes liability for death or personal injury caused by our negligence, for fraud, and for any liability that cannot be limited under applicable consumer law.

Subject to the above, we are not liable for the acts of independent restaurants or drivers except where we have been negligent in screening or supervision, and we are not liable for loss that was not reasonably foreseeable. Your mandatory statutory rights as a consumer are unaffected.

12. Account termination

13. Complaints and dispute resolution

14. Governing law

These Terms are governed by French law. As a consumer, you also benefit from the mandatory protective provisions of the law of your country of habitual residence within the EU/EEA, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I) — these Terms do not deprive you of that protection.

15. Changes to these Terms

We may update these Terms from time to time. The version and effective date at the top reflect the most recent change. Material changes are communicated through the apps and, where we have your email, by email at least 30 days before they take effect.

16. Miscellaneous

17. Contact

Gomiamm
Support: support@gomiamm.com
Legal notices: legal@gomiamm.com
Registered office: 66 Avenue des Champs-Élysées, 75008 Paris, France