Preamble

IPSO-WEB has designed this Place de Marché service to highlight vintage products. It is accessible via 3 domain names for each of the 3 languages ​​available: marche-medieval.com for French, medieval-marketplace.com for English, mercado-medieval.com for español.

This service allows the linking of Sellers and Buyers previously registered on the site. It also allows exchanges and interaction via forums, events and groups in the community space.

All users of the service must read the terms of use and accept them.

1. Definitions

“Marketplace” means the structure and overall function of the website. That is, a site to connect Sellers and Buyers.

“Content (s)”: means any type of content provided by a Member in the Marketplace, for example: Products, descriptive texts, images, prices, profile content, information submitted via the “Wall” “, Information in groups and events, any comment, any evaluation of a Seller or a Product.

“User”: any person, surfer browsing the site and using the features of the Marketplace, without necessarily being a member.

“Member”: any user registered on the site and having a member account.

“Buyer”: means a Member who has carried out one or more procedures for the purchase of products on the Marketplace. Accepting the conditions of the offer proposed by the Seller.

“Seller”: means a Member registered in the Seller offer to open a virtual shop on the Marketplace and so sells its products available to potential Buyer.

“Product”: means a product offered for sale on the Marketplace by a Seller. The publication of a Product by a Seller must comply with the Terms and Conditions.

“Site”: refers to the domain names that users can access to use the Marketplace.

“Service” means the services offered to users to promote the products on the Marketplace.

2. Scope

2.1 The Marketplace is an online sales area whose products published by the Sellers must comply with these Terms and Conditions. The purchase / sale, must respect the legal laws in force on the French territory and these General Conditions.

2.2 IPSO-WEB provides a service to each Seller, allowing them to present their products in a personalized shop in their image. IPSO-WEB offers free community tools for the creation of groups and events, in order to give members the opportunity to interact and exchange information on their passions.

2.3 IPSO-WEB is only an intermediary between Buyer and Seller via a communication tool that is the Marketplace.

IPSO-WEB does not intervene in any transactions or dialogues between Buyers and Sellers. The Seller makes available on the Marketplace his own terms and conditions of sale and delivery. The Buyer is free to accept or not the conditions, it is a contract of sale which concerns him with the Seller of the product.

IPSO-WEB is not a distributor, manufacturer, reseller or owner of Products for sale on the Marketplace. IPSO-WEB does not own or store the Products. IPSO-WEB does not intervene in any way in the chain of manufacture, marketing and / or distribution of the Products. IPSO-WEB therefore has no control over the Products and can not guarantee that the Product sold by the Seller will be in accordance with the description written by the Seller and will correspond to the Buyer. Similarly, IPSO-WEB can not guarantee the Seller that the Product will not be returned in the event of a dispute with the Buyer or that the sale will not be canceled by the Buyer. It is thus agreed that the purchases and sales are under the responsibility of each Seller and Buyer, unless otherwise provided in these Terms and Conditions.

2.4 IPSO-WEB and each member are independent of each other, each acting in their own name. Thus, each member releases IPSO-WEB (including all the group of the company, employees and managers.) From any liability in case of claim, litigation between members, of any present or future damage.

2.5 Noted that IPSO-WEB does not control the information provided by Members and made public on the Marketplace.Information from other Members may be offensive, harmful, inaccurate or misleading. The actual identity of a Member may be different from those presented on the Site. IPSO-WEB therefore recommends to each User to be careful. In case of suspicion of dishonesty of a Seller, each user has the opportunity to report it via the contact form for verification.

2.6 IPSO-WEB can not guarantee the accessibility of the Marketplace at 100%. Maintenance, updates and / or technical improvements to the Marketplace may cause disruption to the site’s display. The technical maintenance work is carried out as far as possible when the attendance is low. IPSO-WEB can not be held responsible if maintenance work disrupts sales or purchases of members or causes a loss of data.

2.7 IPSO-WEB reserves the right to participate in the promotion of the Products posted on the Marketplace and marketed by the Sellers, in particular by setting up partnerships with other Internet sites and / or by publications in the media and / or by sending advertising e-mails in accordance with the applicable legal provisions. Such participation can not deprive him of the status of mere intermediary in exchanges between Sellers and Buyers insofar as IPSO-WEB only promotes the Marketplace and the Products offered as a whole, but does not intervene. in the relationship between Buyer and Seller regarding one or more Products in particular.

3. Member’s commitment

3.1 The visit of the Marketplace is free and free to any user with access to the internet. Access to product pages and shops are without registration. For any other actions, registration is mandatory.

3.2 Registration is only allowed to legal entities, as well as individuals over 16 years of age who can perform legal acts.Minors must obtain prior authorization from their legal representative. The registration of a legal person must only be undertaken by a natural person authorized to represent it, which must be appointed.

3.3 Upon registration, the member undertakes to provide accurate, complete and up-to-date information, and any other data (personal and / or professional) that would be necessary for the completion and maintenance of the registration on the Place de Market, as a valid email address and any additional information necessary to become a Seller or Buyer. Each Member also undertakes to update his account and to make any changes to his account without delay. Each Member shall be solely responsible for the consequences that may result from the provision of false, invalid or inaccurate information to IPSO-WEB and / or another Member.

3.4 During registration, the Member must choose a username (or username) and a password. The Member agrees not to register under a username infringing the rights of a third party. Notably, the Member will not use a username that infringes copyrights, trademarks, corporate names or signs of a third party or another Member, or a user name or pseudo visually or phonetically close to the username or username of another Member.

3.5 IPSO-WEB reserves the right to dispute, disable or rename the name of the user and / or the shop of the Member does not respect the rules here.

3.6 Each Member undertakes to create and use only one account, misuse of services may result in the immediate deletion of accounts.

3.7 The member obtains a profile as a Buyer when it registers by default. If he wishes to act on the Marketplace as a Seller, he must “open a shop” separately in his profile.

3.8 Once the registration procedure has been completed, each Member agrees to comply with these General Terms and Conditions and the applicable laws and / or regulations.

3.9 IPSO-WEB makes sure to identify its members, but can not exclude the possibility that members provide a false identity.

3.10 Each Member is solely responsible for its Content, IPSO-WEB playing only a role of passive technical intermediary for its uploading and not controlling the Content before it is put online. The Member agrees not to provide any Content or more generally to perform any act or act, on all or part of the Marketplace:

  • (i) infringing copyrights, patents, trademarks, designs, trade secrets, the right of disclosure and / or the privacy of others;
  • (ii) defamatory, abusive, denigrating and / or slanderous;
  • (iii) discriminatory and / or inciting racial, religious or ethnic violence or hatred;
  • (iv) obscene and / or pedophile;
  • (v) could be described as embezzlement, fraud, breach of trust or fall under any other criminal offense;
  • (vi) for the purpose of obtaining or attempting to obtain the transfer of money without, in return, the delivery of a Product conforming to these General Conditions of a value equivalent to the sums requested;
  • (vii) likely to damage any computer system or clandestinely intercept any data or nominative information;
  • (viii) inciting or likely to incur the liability of IPSO-WEB or resulting in the loss of the benefit of all or part of the services of IPSO-WEB providers and in particular of its Internet service providers, payment service providers and / or storage providers;
  • (ix) likely to undermine the image and / or the reputation of IPSO-WEB or the Marketplace and / or to constitute acts of unfair or parasitic competition with respect to IPSO-WEB, any other Member and / or third party;
  • (x) in order to hijack or attempt to deflect all or part of the Buyers or to induce all or part of the Buyers not to or no longer buy on the Marketplace or any of the virtual shops present on the Website. Marketplace
  • (xi) potentially unfair, prejudicial, anti-commercial or harmful to IPSO-WEB, the Marketplace, any Member and / or any third party;
  • (xii) inaccurate or misleading;
  • (xiii) who violates or is likely to violate any applicable law or regulation and / or any contractual terms binding the Member.

3.11 In addition, the Member is prohibited from (i) including in his keywords search terms that violate the rights of a third party, including copyrights, trademarks, corporate names or third-party names, or of a Member, or resuming all or part of the pseudonym of another Member, (ii) to include in all Content all or part of a link URL, address or other domain name pointing to a site external to the Market Place, and / or (iii) to circumvent, divert and / or obstruct (or attempt to circumvent, deflect and / or obstruct) unfairly to a service subject to remuneration on the Marketplace.

3.12 By providing Content through the Site, the Member grants to IPSO-WEB (but without obligation to IPSO-WEB) a non-exclusive, non-transferable, sublicensable, and free license for the entire world. and, for the duration of the Member’s registration, to use, reproduce, represent, publish, make available, communicate, modify, adapt, display, on the Site and in any other medium (in particular on any physical medium or digital, in any press release or press kit or financial, presentation support, promotional and / or advertising material, website), by any means, all or part of the Content, without limitation in the number of copies, for internal purposes , storage, advertising, promotion, marketing, communication, public relations and for the purposes of setting up partnerships or sponsors with IPSO-WEB partners.The Member acknowledges that any use of its Content made by IPSO-WEB prior to its unsubscription, the deletion or closure of its account or the termination of these Terms and Conditions may not be challenged by the Member.

By providing Content through the Site, the Member also grants directly to any User a non-exclusive, personal, non-transferable, non-sublicensable license for the entire world, and for the duration of the registration of the User. Member, to reproduce and represent the Content for private non-commercial purposes.

The Member acknowledges that its Content may be viewed on the Site by any User who can access his profile and follow his activity. Deactivation options are available on the Member’s account.

3.13 Each Member agrees to indemnify IPSO-WEB in case of action by a third party against IPSO-WEB as soon as this action is based on, basis or origin any Content provided by him in the Marketplace. Each Member agrees to bear all consequences, including financial consequences, that may result from such action and to compensate IPSO-WEB on first request. IPSO-WEB reserves the right, without compensation, notification or notice, to modify or delete any Content that violates any provision of the Terms and Conditions, as well as to suspend, terminate or delete the Member’s account.

3.14 In the event that a Member notices the offer to sell Prohibited Products on the Site, he undertakes to inform immediately via the IPSO-WEB contact form at the following address: www.marche-medieval.com /contact/.

In the event that IPSO-WEB is aware of any act or act of a Member outside the Marketplace (i) with a view to diverting or attempting to divert all or part of the Buyers from the Marketplace or incite all or part of the Buyers to not or no longer buy on the Marketplace or any of the virtual shops present on the Marketplace, (ii) potentially unfair, prejudicial, anti-commercial, denigrating, defamatory , abusive or harmful to IPSO-WEB, the Marketplace, any Member and / or any third party or (iii) violating IPSO-WEB otherwise applicable regulations, IPSO-WEB reserves the right to terminate these General Conditions under the conditions set out in article 11.2.

The Member has an obligation to act in good faith and with respect in its relations with IPSO-WEB and other Members.

3.15 Suspension and Closing of the Member Account

3.15.1 In the event of suspicion of fraudulent use of the user’s account, IPSO-WEB reserves the right, without any compensation and without notice, to suspend or close the account of the user. IPSO-WEB can not be held responsible for any loss or damage occurring due to the breach of confidentiality obligations incumbent on the user.

3.15.2 In case of breach of the obligations of these general conditions, IPSO-WEB reserves the right, without compensation and without notice to suspend access to all or part of the account until the cause of the suspension has disappeared or even delete the account given the seriousness of the breach. The user acknowledges that IPSO-WEB can not be held responsible towards him or against third parties for the consequences of the closure or the suspension of the account.

In case of suspension of the account, the publications put online from this account will also be suspended.

If the account is closed, the publications posted from this account will be deleted.

3.15.3 In order to respect the legal obligations relating to the storage and the communication of the data making it possible to identify any person who contributed to the creation of a content put on line, IPSO-WEB reserves the possibility of preserving certain elements of identification and a copy of some of the content posted by users.

3.15.4 The member may at any time waive the use of the services and close his account without notice, without costs other than those related to the costs of access to the site and without reason, on the site under the heading “my account”, this which will delete the account and data associated with its account. The closure of the account by the member will automatically result in the termination of these.

3.15.5 In all cases, the member remains responsible for any use of his account prior to the closure of this account.

4. Seller’s commitment

4.1 The objective of IPSO-WEB is clear: to help the Sellers to sell their Products and to develop their activity. For more information on Products prohibited for sale on the Marketplace, the Seller is referred to section 19.

4.2 The Market Place enables the Seller to create his virtual shop through a single account which is associated with an email address, a unique username (or username) and password. The Seller may sell, through each virtual store, only the Authorized Products. In addition, the Seller must offer the Buyer payment by PayPal to allow payment by the Buyer at one time all the Products purchased on several virtual shops (single basket).

4.3 IPSO-WEB also provides Sellers with promotional tools (such as, for example, coupons). The Seller is free to use or not such tools. The use by the Seller of promotional tools made available by IPSO-WEB is carried out under the sole responsibility of the Seller.

4.4 Each Seller is prohibited from listing and / or offering for sale on the Marketplace:

  • (i) not authorized for sale by IPSO-WEB (see the Prohibited Products for sale in section 19). It is therefore recommended that the Seller read this section carefully;
  • (ii) not corresponding or not exactly to a Seller’s Product actually available for purchase or offered for sale;
  • (iii) which the Seller does not have and which he is not able to deliver, in particular within the time indicated in the offer;
  • (iv) contrary or non-compliant with applicable laws and regulations or morality or unauthorized under contractual provisions, including fraudulent Products (in particular Products constituting unlawful concealment or importation), infringing rights of a third party, such as counterfeit goods within the meaning of the provisions of the Intellectual Property Code, sold in violation of selective or exclusive distribution networks, stolen and / or non-compliant with the requirements in force relating to consumer protection , safety and health of persons applicable to certain products (such as foodstuffs, toys, electrical appliances, cosmetics and personal hygiene products, baby care articles, textile articles or leather goods or imitations of leather). IPSO-WEB draws the attention of the Seller to the absolute necessity for the Seller who places a Product on the market and in particular for sale on the Marketplace to ensure that this Product is strictly in compliance with the laws, regulations and other requirements in from its production or manufacture until its purchase by the Purchaser.Accordingly, the Seller undertakes to implement the necessary means to achieve this obligation of legal and regulatory compliance, in particular the establishment of self-checks at all stages of marketing and justification on request of the authorities competent authorities of the checks and controls carried out.

4.5 In the event that IPSO-WEB finds, following an alert of a Member or on its own, the sale of Prohibited Products, IPSO-WEB reserves the right to:

  • (i) withdraw from the sale of such Prohibited Product or any Product contrary to these Terms and Conditions;
  • (ii) block, suspend, terminate or delete the Seller’s account;
  • (iii) communicate to the competent authorities all the information required concerning any offer to sell and / or any purchase of a Prohibited Product, including the nominative information of Members as appropriate, and / or to cooperate with the competent authorities on their request .

4.6 Each Seller agrees to:

  • (i) indicate the complete and exact characteristics and qualities of each Product offered for sale on the Marketplace, the availability, the price of the Product (including all taxes, if any), the shipping time (and when legally required , delivery time) and delivery charges, provide all necessary information and carry out the labeling of each Product, in accordance with the applicable legislation and regulations;
  • (ii) perform all necessary controls and verifications for the manufacture and marketing of the Product and provide all necessary information in the offer for sale of each Product so that the offer is truthful and the Purchaser does not can not be misled. Each Seller is solely responsible for the supply of all elements of the offer for the sale of a Product, including the description, photos, sale price, shipping and delivery charges and deadlines;
  • (iii) put the Product on sale in the appropriate category of the Marketplace, the Seller being solely responsible for the choice of the category in which it refers to its Product, such listing can in no way be construed as a guarantee of IPSO -WEB on the origin, legal conformity or authenticity of this Product;
  • (iv) comply with the quality of service requirements imposed by IPSO-WEB on the Marketplace.

4.7 Each Seller is solely responsible for any Product that it sells on the Marketplace, as well as for compliance with all applicable laws and regulations applicable to the manufacture, marketing and sale of such Products, and will be solely responsible (in particular vis-à-vis a Buyer but also IPSO-WEB) in case of damage caused by its Products or more generally all consequences related to the offer and sale of its Products. IPSO-WEB draws the attention of the Seller to the existence of specific regulations applicable to the manufacture, marketing and sale of certain regulated products, such as, for example, foodstuffs, toys or cosmetic and hygiene products body, electrical appliances, child care articles, textile articles, leather goods or imitations of leather etc. IPSO-WEB can not in any way be held responsible for the nonconformity and the sale of a Product by the Seller that does not conform to the laws and regulations in force. The Seller undertakes to guarantee IPSO-WEB in the event of a complaint, action or claim by a third party against IPSO-WEB related to the non-conformity of a Product to the regulations in force, and to compensate IPSO-WEB for all consequences related to the non-compliance of its Products with the laws and regulations in force. The Seller therefore undertakes to directly pay for all sums, including any convictions, legal fees, attorneys’ fees and other amounts that would be due in this respect (or to repay IPSO-WEB to first request).

4.8 The Seller undertakes to keep the Buyer’s information confidential and not to disclose it. The Seller also undertakes to use the contact details and other data provided by the Buyer only for the strict requirements of the execution of the order concerned and the legal obligations associated with it, and in accordance with these Conditions. general. In particular, the Seller agrees not to offer the Buyer products available outside the Marketplace and not to use the personal data of the Buyer for purposes other than the execution of the order made on Market Square.

4.9 The Seller who is absent for more than 48 business hours agrees to put his virtual shop in vacancy mode, activating the functionality made available by IPSO-WEB on the Marketplace.

4.10 The Seller whose behavior (on the Marketplace or Off Market Place) is likely to harm the image and / or reputation of IPSO-WEB or the Market Place may be subject to its behavior sanctioned by IPSO -WEB according to the article

11.2 of these General Conditions, in particular in case of repeated negative evaluations or consecutive disputes with one or more Buyers.

4.11 Each Seller warrants to hold all the rights necessary to sell any Product offered for sale by him on the Marketplace and warrants IPSO-WEB against any claim regarding the content of an offer to sell a Product and / or the execution of the sale.

4.12 In the event of a dispute between Sellers as a result of the Content published by one of them (for example, in the case of infringement or unfair competition alleged by one of the Sellers), it is up to the Sellers to contact and to settle their dispute between them. IPSO-WEB is not obliged to intervene and will not intervene in the resolution of the dispute. IPSO-WEB therefore reserves the right not to respond to a Seller’s complaint addressed to it in this case, without incurring any liability in this respect. However, the information provided by IPSO-WEB is only indicative and this FAQ is not a substitute for the consultation by the Seller of a lawyer if any.

If a Seller uses its own terms and conditions of sale in the context of his shop, they must not conflict with these terms of use Sellers or other terms of IPSO-WEB previously accepted by the Seller.

4.13 Case of the Professional Seller

4.13.1 It is up to each Seller to determine whether he is acting professionally or not. However, the information provided by IPSO-WEB is only indicative and IPSO-WEB can not be held responsible in this regard. It is up to the Seller to request, at his own expense, any legal assistance necessary to determine his status and to carry out any appropriate formalities in this respect.

4.13.2 IPSO-WEB also reminds the Seller acting in a professional capacity of its obligation to comply with all the rules and obligations incumbent on it as a professional, in terms of the applicable law, including but not limited to the law of consumption (clarity of the offer made to the consumer, information of the consumer, availability of the Products, terms of delivery, right of retraction of the consumer, billing and distance selling, guarantees etc.), company law, social law, law tax, unfair, deceptive or aggressive commercial practices, and balances, which he claims to know

4.13.3 The Seller acting in a professional capacity guarantees IPSO-WEB that he will comply in his professional capacity with all his obligations and will compensate IPSO-WEB for all the consequences related to the Seller’s breach of any of its obligations. as a Professional Salesman. The Professional Seller undertakes therefore to directly pay for all sums, including any possible convictions, court costs, attorneys’ fees and other amounts that would be due in this respect (or to be reimbursed on first request). IPSO-WEB).

5. Buyer’s commitment

5.1 The Buyer can only create one account on the Marketplace. The opening of an account by the Buyer allows him to access the whole of the Market Place.

5.2 The Buyer undertakes to comply with all laws and regulations relating to the acquisition of goods of any kind.

5.3 After having chosen his Product (s), the Purchaser will have to check the details of his order, his price, informed if necessary, according to the mode of payment chosen, the information allowing the payment of the Product and to correct of possible errors before confirming the order to express its acceptance

5.4 As soon as the Buyer has placed an order for Products on the Marketplace, the Buyer agrees that his surname and first name, as well as his delivery address will be communicated to the Seller for the purposes of the order.

5.5 The orders made by the Buyer are independent of each other. If one or more orders are or are not confirmed by the Seller (s) concerned (if this option is open to the Seller), the other orders of the Buyer do not are not void and bind the Buyer. Therefore, the fact that one or more Products ordered from one or more Sellers in the Marketplace is not available (s) is not a reason for the waiver of all Products ordered. , the Buyer being bound by the order of the other Product (s) available (s).

5.6 Failing receipt of the ordered Products, the Buyer shall file a claim with the Seller. If, after 21 days from the date of dispatch of an order, no confirmation or complaint has been received by the Seller, the transaction will be considered perfect between the Seller and the Buyer.

5.7 The Buyer may evaluate the Seller. Any evaluation by the Buyer of a specific Product identified in the evaluation also implies that the transaction is perfect between the Buyer and the Seller.

6. Sales process

6.1 To buy on the Marketplace, you must first register as a Member, or register as a Member at the time of purchase.

6.2 The means of payment available on the Marketplace are as follows: payment via the Seller’s PayPal account (if the Buyer has a PayPal account or not, PayPal allows the purchase by credit card).

6.3 The Buyer may add Products from several virtual shops to his shopping cart and pay for his entire shopping basket at one time. In this case, the Purchaser must pay the amount of his purchases through his PayPal account. At the end of the payment, each Seller will manage the order of its Products in accordance with the stipulations of this article 6 and more generally of these General Conditions.

6.4 The sale is concluded between the Buyer and the Seller as soon as the Buyer has finalized his order on the Market Place.

6.5 The Buyer can not settle his order in 3 times, his payment method is not available on the Marketplace.

6.6 As soon as the Buyer has finalized his order on the Marketplace, a confirmation of the order will be sent to the Buyer and the Seller.

6.7 The Seller is responsible for the shipping and delivery of the order to the Buyer, in accordance with the shipping and delivery times announced to the Buyer at the time of the order and the applicable legal provisions. The details of the Buyer will be available to the Seller after payment. As soon as the Seller is ready to ship his order, he must inform IPSO-WEB and the Buyer, indicating to the latter the delivery date or the deadline for delivery. If the order is sent by courier, the Seller also agrees to indicate the tracking number on his account. The Products ordered are shipped and delivered at the expense and risk of the Seller.

6.8 Upon delivery, the Seller shall confirm receipt of the order by the Buyer.

6.9 The tracking of the order can be made at any time on the Site by the Member, through his account.

6.10 The claims, exercises of the right of withdrawal and refund requests made by the Buyer must be sent to the Seller and will be directly managed between the Buyer and the Seller in accordance with Article 7. The transaction will be deemed closed 14 days after of the Seller’s dispatch of the order, unless the Buyer has made a complaint.

6.11 Once the order has been delivered, the Buyer will be able to evaluate the transaction through the evaluation system available on the Marketplace.

6.12 IPSO-WEB has set up a secure payment system (PayPal) on the Marketplace, allowing the Buyer to pay directly on the Market Place the amount of his order by credit card or via a PayPal account at the moment. of its finalization.Payment by PayPal will be mandatory in all cases specified in these Terms and Conditions.

6.14 In the case of payment via the PayPal secure payment system of the Marketplace, transaction fees will be charged on the amount of the order. These transaction fees, independent of the commission due to IPSO-WEB, amount to approximately 5% of the total amount of the transaction (including delivery charges) and are due by the Seller.

6.15 IPSO-WEB is in no way responsible for the sale and can not provide any guarantee in this regard.

7. Complaints and right of withdrawal

7.1 Claims, right of withdrawal exercises, cancellations and refund requests made by the Buyer must be sent to the Seller and will be directly managed between the Buyer and the Seller from their respective accounts without any intervention of IPSO-WEB unless stipulated contrary to this article. It is up to the Buyer and the Seller to agree. The Buyer and the Seller will each be able to follow the procedure on their respective account and will have a system of alerts in their order tracking.

7.2 The Buyer and the Seller shall act with all due diligence necessary for the proper resolution of the claims, exercises of the right of withdrawal, cancellations and claims for reimbursement. The final decision to reimburse the Buyer belongs to the Seller. However, if the Seller refuses to grant a claim, a request for withdrawal, cancellation or return formulated by the Buyer or does not process this claim or request within 48 hours of it, IPSO-WEB reserves the right to study the claim or request of the Buyer and, in case of refusal or improper non-treatment by the Seller, to refund the Buyer the amount of the order concerned. This amount will be re-invoiced to the Seller and collected under the conditions set out in article 8.3.

7.3 In case of repeated claims against the same Seller or a high cancellation rate from the same Buyer, IPSO-WEB reserves the right to temporarily or permanently suspend and / or close the account of the Member concerned. .

7.4 In the event of a claim related to a non-conforming Product or the exercise of the right of withdrawal, the Buyer undertakes to return the Product to the Seller. In particular, the Buyer undertakes to pack the Product properly and to take all the usual precautions with a view to its transport. Return costs are the responsibility of the Buyer.

7.5 The Buyer who has paid for a Product by credit card via the PayPal secure payment system of the Market Place may be reimbursed to his bank account.

The Buyer has a statutory withdrawal period of fourteen (14) clear days to declare that he wishes to exercise this right of withdrawal, without having to justify his decision.

7.6 If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.

7.7 The right of withdrawal is free of charge and without penalty.

8. Fees and Billing

8.1 Costs of “shop creation”

8.1.1 For each Creation of a virtual shop, IPSO-WEB invoices the Seller for an immediate fee in the form of “Seller Profile Activation Fee”. The amount of these fees is the subject of an agreement between the Seller and IPSO-WEB and is calculated on the basis of the IPSO-WEB pricing visible at the time of subscription.

8.1.2 These fees may be changed in the event of an exceptional promotion. When changing the pricing, Members will be informed.

8.1.3 These fees are in the form of a subscription and are automatically renewable each year.

8.1.4 In the event that the Seller no longer wishes to use the services offered by IPSO-WEB, the latter must cancel its subscription.

8.2 Commission

8.2.1 IPSO-WEB remunerates itself on the connection between the Buyer and the Seller and receives a commission according to the principles described in this article 8.2.

8.2.2 As compensation for the connection service provided by IPSO-WEB, the Seller agrees to pay IPSO-WEB, because of the finalization by the Buyer of the order on the Marketplace, a commission equal to 9% the amount of the order (excluding delivery charges), excluding any fees that may be due in accordance with article 8.3 below and related to the method of payment chosen by the Buyer.

8.2.3 The commission is acquired and due as soon as the Buyer has placed an order on the Marketplace, regardless of the method of payment used.

8.2.4 In the event of reimbursement to the Buyer in accordance with these General Conditions, the commission due to IPSO-WEB may be refunded to the Seller by IPSO-WEB. In this case, the refund will be pro rata the amount refunded to the Buyer and the Seller agrees to pay to IPSO-WEB if necessary the balance of the commission due. It is however specified that IPSO-WEB will not refund the commission to the Seller in the event that (i) the Seller refuses to accept a claim from the Buyer or does not process this claim within 48 hours and IPSO-WEB reimburses the Buyer and (ii) more generally, the Seller does not respect its obligations in accordance with these Terms.

8.2.5 In connection with the implementation by IPSO-WEB of specific operations (such as affiliate programs and / or partnerships with third-party companies and / or websites), the amount of the fees provided for in these General Terms and Conditions can be modified. In this case, IPSO-WEB will inform in advance each Member of the commission applied for such operations.

8.2.6 IPSO-WEB reserves the right, without compensation, to modify its policy relating to the sale of Products on the Marketplace and / or the commission received by IPSO-WEB and will inform Members. In case of reduction of these fees, commissions and tariffs, these modifications will be effective as soon as they are put online on the Site. If the change is temporary (for example, days of special promotion), the duration of this change will also be communicated to Members and posted on the Site. In case of an increase of these fees, commissions and tariffs, IPSO-WEB will inform the Members who will be obliged to accept these new modifications. These changes will be effective at the end of the month following the month in which these changes have been notified to the Sellers, unless the changes have been tested with the Members, in which case the changes will be effective immediately upon completion of the change. the period of tests. If the Member does not accept the new financial conditions applicable, it is free to terminate these Terms and Conditions in accordance with article 11 of these General Conditions, which will result in the termination and closure of his account, under the conditions provided for in Article 11 of these General Conditions.

8.3 Transaction fees

8.3.1 In the case of a payment via the secure PayPal system of the Marketplace, transaction fees will be charged on the amount of the order. These transaction fees, independent of the commission due to IPSO-WEB, range from 1.4% to 5% of the total amount of the transaction (including delivery costs). Transaction fees are not refundable in case of refund to the Buyer of the amount of his order or in case of cancellation of the transaction, except specific case to see with PayPal.

8.4 Additional Service Fees

8.4.1 In addition, IPSO-WEB reserves the right to offer optional additional services for special fees. Fees related to the use of these offers are detailed in the IPSO-WEB price list and clearly indicated when confirming the use of each additional service.

8.5 Method of payment and billing

8.5.1 The commission and any other fees due to IPSO-WEB will be deducted directly in case of payment through the secure IPSO-WEB PayPal system, at the time of confirmation by the Seller of the order.

8.5.2 The remaining amount due will be automatically deducted through PayPal, if necessary the amount must be paid by the Seller by PayPal at any time and not more than 5 working days after the end of each month. In the absence of payment within these deadlines, an interest of delay of a 10% amount on the unpaid amounts could be requested. In addition, if the amount of the commissions owed by the Seller is greater than 10 €, the Seller’s account will automatically be blocked. The Seller’s account will be reactivated as soon as the Seller has corrected the situation with IPSO-WEB.

8.5.3 For now the secure payment system PayPal is the only payment method proposed by IPSO-WEB. Paypal automatically takes into account the commission due to IPSO-WEB.

8.5.4 The Seller will have access to the history of amounts due to IPSO-WEB on its interface.

9. Intellectual property

9.1 The Marketplace, their respective contents, catalogs, texts, illustrations, photographs and images, and all other visual and audio features, including the underlying technology used, are the exclusive property of IPSO-WEB and / or third parties contractually linked to IPSO-WEB, holders of the intellectual property rights relating to the Marketplace.Notwithstanding the foregoing, the Content provided by each Member is and remains the property of each Member, subject to the license granted by the Member to IPSO-WEB and Users in accordance with Articles 3.11 and 3.12 of these Terms and Conditions.

9.2 It is forbidden to reproduce, represent and / or exploit in any other way all or part of the Marketplace, a Site, their contents, catalogs, texts, illustrations, photographs and images and all other visual and sound elements, including the underlying technology used, without the prior authorization of IPSO-WEB. As an exception to the foregoing, the Market Place User is authorized to reproduce (including by downloading or printing all or part of the Market Place) and to represent all or part of the Market Place for any purpose. strictly personal and private and to the exclusion of any commercial or gainful purpose.

9.3 Anyone who publishes a website and wishes to create a direct hyperlink to any of the Sites must request IPSO-WEB’s permission in writing. The authorization of IPSO-WEB will in no case be granted definitively. This link must be removed at the request of IPSO-WEB

9.4 Intellectual property of third parties

9.4.1 Items belonging to third parties, such as trademarks, drawings, models, images, texts, photos, logos without this list being exhaustive, are the exclusive property of their author and are protected by the copyright law. author, trademark law or any other right recognized by the law in force.

9.4.2 The user agrees not to infringe, directly or indirectly, the property rights of third parties, whose contents are present on the site and prohibited from exploiting, in any way whatsoever, the names , trademarks, logos, software, information, databases and all documents communicated to it, in general, in the case of the execution of these terms and conditions.

9.4.3 The user agrees to respect the full rights of third parties, whose content is present on the site and refrains from arousing any analogy in the mind of the public for any purpose whatsoever.

9.4.4 To this end, the user agrees to take all necessary measures to protect the said rights with respect to all third parties and, in particular, will maintain in good condition all the mentions of ownership that will be worn on the whole. data, information and more generally on the items available on the site or made accessible by third parties.

9.4.5 Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.

10. Compliance with the law

10.1 Each Member agrees to comply with the laws, regulations and standards of all kinds in force relating to the use of the services offered via the Marketplace, the offering for sale, the purchase, the solicitation of offers purchase and / or sale of objects.

10.2 In addition, each Member expressly acknowledges that the use of the Marketplace and the services provided by IPSO-WEB through the Marketplace may result in a “trader” qualification within the meaning of Article L121-1. of the Commercial Code and that additional obligations may apply to the Member as a professional.

10.3 If it is authorized to sell on the Internet as an individual or professional, each Seller is obliged to declare his sales to the tax authorities.

As an individual, you must report your earnings from your sales on your tax return in the companion form 2042C in the “non-professional BIC” category. If you would like more information or help completing your tax return and showing the amounts collected on the Marketplace, call 0810 467 687 or visit the website of the public finance directorate.

10.4 As a professional, you only need to report your sales on your tax return as for the rest of your business.

For individuals or professionals, commissions and fees charged by IPSO-WEB must be considered as expenses and therefore excluded from the amount of your turnover excluding tax.

10.5 In case of doubt or question, we advise you to contact directly your tax office or the Chamber of Commerce of your region, or the union of the auto-entrepreneurs if it is the status which you chose.

10.6 In the case of fraudulent fraud (fraudulent copy, concealment, illegal importation, etc.) or upon request, IPSO-WEB will provide all necessary information, including personal information, to the competent services responsible for the repression of such fraud and offenses.

11. Term and Termination of Terms and Conditions

11.1 These General Conditions are concluded for an indefinite period and are terminable at any time by the Member or by IPSO-WEB, without any particular reason, by e-mail or through the Marketplace. Any termination under this Article 11 shall take effect at the end of the month following the month in which the notification was made in accordance with this Article 11.

11.2 Without excluding other remedies, IPSO-WEB reserves the right to issue a warning, to temporarily or permanently suspend the registration and account of a Member, to terminate it, to close its account, to cease to provide services to this Member and / or to terminate these Terms and Conditions, automatically, with immediate effect, in the following cases:

  • (i) in case of violation of all or part of these General Conditions or documents incorporated by reference (including in the cases referred to below);
  • (ii) if IPSO-WEB is unable to verify or authenticate the information provided by the Member, and the Member does not comply with its verification and / or authentication requests;
  • (iii) if the actions of the Member are likely to engage the responsibility of IPSO-WEB, that of the Member or any other Member;
  • (iv) in the event of a Member’s conduct contrary to the quality of service commitments of the Marketplace, which is potentially injurious, prejudicial, and / or unfair to the Marketplace, IPSO-WEB or any Member ;
  • (iv) for any other reason at the discretion of IPSO-WEB

.

11.3 In the event of termination in accordance with article 11.2 automatically resulting in the closure of the account, the account of the Member will be deactivated and the virtual shop of the Seller will become inaccessible and will disappear from the search engine of the Market Place on the effective date of the termination . These General Terms and Conditions will be automatically terminated automatically at the closing date of the account.

12. Inactive Seller Account

12.1 If the Seller’s account is inactive for 3 months or more, orders placed on Seller’s virtual store will be automatically blocked and no purchase will be possible on the Seller’s shop. Buyers will be informed by IPSO-WEB.

12.2 The Seller will be informed of the deactivation of his account which will disappear from the search engine on the Marketplace. The Seller will have a further 9 months to reactivate his account. These General Terms and Conditions will be automatically terminated automatically upon expiry of the aforementioned 9-month period.

13. Community

13.1 Message writers in forums, groups or any other part of the Marketplace are fully responsible for the content of their messages.

Neither the creator of the forum nor IPSO-WEB can be held responsible for messages and their possible consequences.

13.2 Messages contrary to the rules of the Marketplace (insults, racist remarks, off-topic, pornography, political comments … non-exhaustive list), will be edited or deleted as soon as possible.

13.3 Any use of the features of the forums (writing messages, private messaging, membership lists …) for commercial, political, religious (non-exhaustive list) is prohibited.

14. Account deletion

14.1 If a Member wishes to delete his account, he must send his request via the contact form.

IPSO-WEB will delete the account of the Member making the request provided that all orders have been honored, claims, exercises of the right of withdrawal and claims managed and that no other operation is in progress.

This deletion will automatically and automatically lead to the termination of these Terms and Conditions.

15. Liability

15.1 IPSO-WEB is bound to an obligation of means.

15.2 IPSO-WEB will only be liable for direct damages exclusively attributable to a contractual fault committed by IPSO-WEB. Except on his fault, IPSO-WEB can not be held responsible for any damage suffered by a Member or a User for the use of all or part of the Marketplace or a Site or the impossibility to use all or part of the Marketplace or a Site.IPSO-WEB can not be held more responsible for any malfunction, failure, delay or interruption of access to the Internet.

15.3 In its capacity as host of the Contents put on line by the Members, IPSO-WEB can not be held responsible for the Contents published on the Marketplace or any of the Sites by the Members.

15.4 With regard to the Professional Sellers, in case of proven fault committed by IPSO-WEB, the responsibility of IPSO-WEB, for all causes and whatever the circumstances, may not exceed the greater of the following amounts:

  • (i) the total amount of the commissions paid to the Seller during the 12 months preceding the event giving rise to the damage; or
  • (ii) 150 euros.

15.5 Each Member is invited to notify IPSO-WEB in the event of a violation of these General Terms and Conditions, particularly in the event that it finds the offer to sell Prohibited Products via the contact form.

IPSO-WEB can not be held responsible for disputes between Members.

16. Evidence Agreement

16.1 Online acceptance of the terms and conditions electronically has the same probative value between the parties as the paper agreement.

16.2 The parties acknowledge that the production by IPSO-WEB of the recordings on the IPSO-WEB servers relating to the use of the Marketplace, and in particular the nominative access codes of the Members and the connection logs, will be authentic. between the parties.

16.3 The computerized records stored in the computer systems of IPSO-WEB will be kept in reasonable conditions of safety and considered as proof of communications, orders and payments between the parties. They are authentic until proven guilty.

16.4 The archiving of contractual documents, orders and invoices is done on a reliable and durable support that can be produced as evidence.

17. General provisions

17.1 IPSO-WEB reserves the right at any time and in its sole discretion to suspend or interrupt access to the Marketplace or any of the Sites and / or the operation of the Marketplace or any of the Sites, in whole or in part, in particular for maintenance interventions, operational requirements, internal choices or in case of emergency. IPSO-WEB also reserves the right at any time and in its sole discretion to remove or modify any content, in particular for technical, commercial or practical reasons. It is understood that such interventions will in no way engage the responsibility of IPSO-WEB, nor give rise to compensation or damages for the benefit of a Member or a User of the Marketplace.

17.2 Unless expressly stated otherwise in these General Conditions, any notification sent to IPSO-WEB must be sent by e-mail confirmed by post to: IPSO-WEB SARL, 73 avenue de Grasse – 06800 Cagnes-sur-mer

17.3 Any notification addressed to IPSO-WEB but intended for a Member will be sent in principle by e-mail to the address that Member has communicated to IPSO-WEB when registering. Notifications are deemed to have reached a Member 24 hours after sending an e-mail, unless the sender is notified of the invalidity of the e-mail address.

17.4 Notifications can also be sent to members by registered letter with return receipt requested, to the address provided during registration. The 24 hour time limit mentioned above is then brought to 3 days after sending mail.

17.5 These Terms and Conditions, together with the documents cited in the General Conditions which are incorporated by reference, constitute the entire agreement between the parties. IPSO-WEB reserves the right to change the Terms and inform each member by email.

17.6 Subject to the provisions in Article 8 on the amendment of the policy on fees linking and article 8 regarding billing terms, the changes to the Terms will be effective 15 days after having been online. During this 15 day period, each Member may notify IPSO-WEB refusal of these changes, in which case these Terms and Conditions and therefore its right to use the IPSO-WEB services will terminate at the end of the 15 day period in accordance with Article 11.

17.7 In the event that one or more conditions set out in the Conditions would be considered illegal, unenforceable or unenforceable by a court, the remaining provisions of the Terms remain in force, provided that the general economy of Terms do not be upset.

17.8 Each Member agrees that the rights and obligations arising from these Conditions and all documents that are incorporated by reference may freely and legally be transferred by IPSO-WEB to a third party in case of sale of assets, merger or acquisition.

17.8 Tolerance IPSO-WEB to a breach of these Terms by a Member or a third party does not alter the rights and actions against any similar breach and / or later.

17.9 Intellectual property: As host, we have adopted a policy of intellectual property in accordance with law No. 2004-575 of 21 June 2004 on trust in the digital economy (the “LCEN”).

18. Governing Law and Jurisdiction

18.1 These Conditions are governed and interpreted in accordance with French law.

18.2 The French courts will have jurisdiction to rule on any disputes which may arise between the parties relating to the execution hereof. As an exception to the above, any dispute with a member acting as a professional is the exclusive jurisdiction of the Commercial Court fat.

18.3 The disputes arising between Members shall be settled between Members and IPSO-WEB is not required to intervene or settle such dispute.

19. permitted and prohibited for Sale

19.1 The products offered for sale on the Marketplace must comply with our intellectual property policies. These policies are based on Law No. 2004-575 of 21 June 2004 on trust in the digital economy (LCEN).

19.2 and perishable food products are prohibited: food, flowers, candy, tea, or other additives Article Having a deadline for consumption or not.

19.3 The sale of so-called esoteric products is not allowed: all metaphysical promised services or That Suggests a physical modification (weight loss) or mental (love, welfare, etc.) is not allowed, Even If a tangible object is Provided.

19.4 creations pornographic / pedophile is strictly prohibited. We Tolerate nudity if it is not the subject of a reproduction of explicit sexual act (masturbation, foreplay, penetration etc.).

19.5 Products with animal origin forbidden to trade (bones, ivory etc.) and / or using human remains (teeth, hair, etc.).

19.6 The promotional materials for the drug and other drugs is prohibited completely Call. To Some extent, we accept the promoting of alcohol-related products and tobacco.

19.7 The sale of products using dangerous materials is prohibited (flammable materials, explosives, gases, radioactive materials, toxic substances).

19.8 The products calling or glorify hatred whatsoever (discrimination, violence, racial, religious, ethnic or sexual …) sont également prohibited.

19.9 The use of “fake” cards Produced promotional / advertising Purposes highlighting events, general information or offers (discounts) is your shop is not allowed.

19.10 The resumption picture catalog and / or magazine to showcase your products is prohibited.

19.11 It is forbidden to Promote Your other retail or e-commerce sites on the Marketplace (shop and product description, title, video, etc.)

19.12 Any trade recovery related to natural disasters or human tragedies is not allowed.

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