DAVAD Terms of Service (Europe)
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
- You must be at least 18 years old to create an account.
- Provide accurate information at signup and keep it current.
- Keep your password secure; you are responsible for activity on your account except where it results from our failure to provide reasonable security.
- Your acceptance of these Terms is recorded with your IP address and timestamp; electronic acceptance is valid under Regulation (EU) No 910/2014 (eIDAS) and applicable national law.
- One person, one account. We may suspend or close accounts that breach these Terms or show patterns of fraud.
3. Placing an order
- Orders form a contract between you and the restaurant or store; Gomiamm provides the technology platform, dispatch, and (for delivery) connects you with an independent driver.
- The restaurant sets its own menu and prices. The price shown at checkout is the price you pay, plus any delivery fee, service fee, applicable VAT, and the tip you choose.
- We make reasonable efforts to dispatch the closest available driver and keep ETAs accurate, but ETAs are estimates and not guaranteed.
4. Price, payment, and VAT
- Payment is processed by our PCI-DSS payment provider when you confirm the order. We never see or store your full card number or CVC; we receive only the last four digits, brand, and expiry.
- Prices are shown inclusive of value added tax (VAT / TVA) at the rate applicable in your country. A VAT receipt is available on request.
- If a payment is declined, the order is not confirmed until a valid payment method is provided.
- Promotional credits are non-transferable, expire on their stated date, and cannot be exchanged for cash.
5. Right of withdrawal
6. Defective orders and refunds (legal guarantee of conformity)
- You are entitled to the legal guarantee of conformity under Directive (EU) 2019/771 and your national law (e.g. Arts. L217-3 et seq. of the French Consumer Code). If an order is missing items, incorrect, or not as described, you may request a remedy through the in-app support flow.
- Substantiated issues (missing or wrong items, quality problems with photo evidence, or a driver no-show) are refunded to the original payment method; allow a few business days for your bank to process.
- Larger or contested refunds go through human review, which we aim to resolve within 24 hours.
- Please report issues within a reasonable time after delivery so we can investigate effectively.
7. Tips
8. Prohibited uses
- Placing fraudulent orders or abusing refunds.
- Ordering items restricted by law in your country without the required verification.
- Harassing, threatening, or discriminating against drivers, restaurant staff, or other users.
- Reverse-engineering the apps, scraping the Services, or building a competing product from them.
- Bypassing security or rate-limiting controls, or using the Services other than through our official apps and websites.
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
- You may delete your account at any time from the Profile screen.
- We may suspend or close your account for material breach (fraud, abuse, prohibited uses) or where required by law; for non-material issues we will give notice and a reasonable opportunity to cure.
- After deletion we retain only the records we are legally required to keep, per the retention schedule in the Privacy Policy.
13. Complaints and dispute resolution
- Contact us first. Please write to support@gomiamm.com so we can try to resolve your complaint directly.
- Consumer mediation. If we cannot resolve it, EU/EEA consumers may refer the dispute, free of charge, to a consumer mediator ("médiateur de la consommation") in accordance with Articles L611-1 et seq. of the French Consumer Code. We will provide the competent mediator's details on request.
- Courts. Recourse to mediation is optional and does not prevent you from bringing the matter before the competent courts. As a consumer you may bring proceedings in the courts of your country of residence.
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
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Gomiamm regarding the Services.
- Severability. If any provision is held unenforceable, the remainder stays in force.
- No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets, without reducing your rights.
- Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control.
17. Contact
Gomiamm
Support: support@gomiamm.com
Legal notices: legal@gomiamm.com
Registered office: 66 Avenue des Champs-Élysées, 75008 Paris, France