General Conditions of Sale and Use

General Terms and Conditions of Sale and Use - Texime

ARTICLE.1 – CONTACT DETAILS

The company TEXIME

SAS PROBOBINAGE with a share capital of 5000.00 €

Whose registered office is located at 78 Rue Henri Barbusse, 59224 THIANT (France)

Registered with the Valenciennes Trade and Companies Register under number 801 683 822

NAF/APE code 3314Z

VAT number: FR13801683822

Contact address: web@texime.com

Telephone number: 03.27.21.18.51

TEXIME allows itself and Third-Party Sellers to list and sell their Products on texime.com. TEXIME, as a hosting provider, facilitates transactions carried out on the website, TEXIME is neither the buyer nor the Seller of the Products of the Third Party Sellers.

TEXIME also provides a meeting place and therefore serves as an intermediary between Consumer Buyers – Professional Buyers and Third-Party Sellers.


Accordingly, for the sale of these Third-Party Seller Products, a sales contract is formed between the Consumer Buyer – the Professional Buyer and the Third-Party Seller.

 

ARTICLE.2 – DEFINITIONS

The terms mentioned below have the following meanings in these General Terms and Conditions of Sale:

"The Operator" "Host Site" "Website" "TEXIME": refers to the company TEXIME: the Seller e-commerce site itself and serving as an intermediary between Buyers and Third-Party Sellers.

"Back-Office": refers to the interface allowing TEXIME and Third-Party Sellers to access their personal space from which they can manage their Product catalogue, their Orders, the monitoring of their activity and their correspondence with each other and with and/or their Customers.

"Third-Party Sellers", "Third-Party Seller", "Third-Party Seller 1", "Third-Party Seller 2", "Third-Party Seller 3", etc.: refers to third-party companies (other than TEXIME) that offer their Products for sale on the Website.

"Sellers" "Seller": refers to the Third-Party Sellers and TEXIME.

"Consumer Buyer", "Consumer Customer": refers to any natural person acting as a consumer within the meaning of French legislation and case law, accessing the hosting site and purchasing Products from the Sellers.

"Professional Buyer", "Professional Customer": refers to any company or any person acting on behalf of its company, capable of making its own decisions, purchasing the products that the company needs, accessing the hosting site and purchasing Products from a Seller.

"Buyer", "Buyers", "Customer", "Customers": refers to professionals and private consumers accessing the hosting site and purchasing Products from a Seller.

"Product", "Products": refers to any good that may be offered by the Sellers to the Client via the hosting site.

"Order": refers to any purchase of a Product by a Buyer from one or more Sellers through the hosting site.

"T&Cs" "General Terms and Conditions of Sale": define the contractual relations with consumer Customers or Professional Customers. They report on the commercial policy of the Sellers. Each Seller has agreed to harmonize their respective T&Cs to establish this page of the T&Cs.

"General Terms and Conditions of Use" or "T&Cs": refers to these contractual terms and conditions made available on the hosting site, in order to provide a framework for its use by any User.

"User": refers to any person who accesses and browses the hosting site.

"Sales Contract": refers to the contract between the Sellers and the Client governing the sale of a Product, consisting of the T&Cs.

"Customer Account" or "Personal Account" "Personal Space": refers to the interface hosted on the hosting site in which all the data provided by the Customer is grouped together and allowing him to manage his Orders, his returns, etc. Access to the Customer account is done through the Identifiers.

The Client Account is different depending on the category of Client: professional or individual. The professional will fill in mandatory data to clearly identify his company and his activity: in particular the SIRET number, NAF/APE code, VAT number, etc...

"Identifiers": refers to the Client's e-mail address and the password generated by the latter, which are necessary for access to the Client's Account on the Website.

"Offer": refers to the Commercial Offer relating to a Product, which a Seller publishes on the hosting site.

"Services": refers to all the services offered by the hosting site to Users.

"Product Sheet": refers to the description sheet of each Product marketed within the hosting site on the basis of the photographs, texts, illustrations, images and/or videos, etc. transmitted by each Seller.

"Shopping Cart": refers to the location where the User can add Products for an Order. It can be consulted at any time.


ARTICLE.3 – SCOPE

The Sellers have expressed their will and have agreed to combine their general terms and conditions of sale into a single document. These General Terms and Conditions of Sale are therefore valid for all Sellers.

The General Terms and Conditions of Sale, also known as the "T&Cs", define the contractual relations with consumer Customers or Professional Customers, hereinafter referred to as "Buyers", "Buyers" and, when necessary in order to differentiate the category of Customers: "Professional Buyer" "Consumer Buyer" or "Professional Customer" "Consumer Customer". They reflect the company's commercial policy.

Within the meaning of the Consumer Code, a consumer is "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity".

The purpose of these General Terms and Conditions of Sale is to define and establish the rights and obligations of the parties in the context of the sale, here online, of Sellers' Products.

They are applicable between the Sellers and the Buyer without restriction or reservation to all sales concluded by each of the Sellers with the Buyer, regardless of the clauses that may appear on the Client's documents, possibly its General Terms and Conditions of Purchase.

The Sellers reserve the right to adapt or modify these T&Cs at any time. On the day of the Order placed by the Buyer, the amended General Terms and Conditions of Sale will be applied, communicated and those in force.

In compliance with the law in force, these General Terms and Conditions of Sale are automatically communicated to the Buyer before the conclusion of the sale and to the Buyer who requests them in order to allow him to place the Order.

During the online Order process, any purchase of Products implies, on the part of the Buyer, the unreserved acceptance of these General Terms and Conditions of Sale and Use of the hosting site and its Sellers. By clicking on the Order confirmation, the Buyer acknowledges that he or she has read, understood and accepted the General Terms and Conditions of Sale and Use in force without limitation or condition.

The information and offers of the Sellers present on the website are reviewable and modifiable at any time when this action is necessary.

The Sellers invite the Buyer to carefully read, download and print the General Terms and Conditions of Sale and Use on the hosting site and to keep a copy of them.

In compliance with the regulations in force, the Sellers reserve the right and in this case, are required to establish categorical General Terms and Conditions of Sale, i.e. to match the General Terms and Conditions of Sale according to the type of customer considered and determined on the basis of objective criteria established by the Third-Party Sellers and the Operator. In this situation, the Categorical Terms and Conditions of Sale are applicable to any Buyer who meets these criteria.

These General Terms and Conditions of Sale and the information relating to the contract of sale have been communicated in a visible and clear manner to the Buyer.

The website may, at any time, display errors, inaccuracies, or omissions related to its content, technical malfunctions, or issues beyond our control. Given that the site is still new, adjustments and improvements may still be necessary.

While we strive to ensure the quality and proper functioning of the site, we cannot be held responsible for any inconvenience or damage resulting from such errors or interruptions. Users acknowledge that they use the site at their own risk, and no liability can be incurred in this regard. 

ARTICLE.4 – INFORMATION ON THE PRODUCTS OFFERED FOR SALE

The Products offered by TEXIME and the Third-Party Sellers for sale online on the hosting site and any commercial support are each the subject of an essential, indicative and approximate description detailing the technical characteristics, the price, if applicable, the conditions of use and the specific conditions of sale of the Product established by the Seller.

Unless otherwise specified, TEXIME is not an authorized reseller of any of the original manufacturers of surplus, refurbished, new and used products that TEXIME resells. Thus, by accepting these T&Cs, any Buyer becomes aware of this information and the responsibility of TEXIME and the Third-Party Sellers will not be engaged. Any Buyer will not be able to request a refund, a return on this ground.

The Product and Price offers by the Sellers are valid as long as they are visible on the hosting site and within the limit of their available stocks.

The necessary information concerning the Products offered by the Sellers for sale online on the hosting site is communicated and thus known to the Buyer, who certifies that he is aware of the conditions of use.

The aspects of the Products ordered and received and its colors are not considered essential characteristics and do not engage the responsibility of the Sellers as long as the textual characteristics are accurate.

The Sellers reserve the right, without notice, at any time, to abandon any Product or to make changes to any Product as part of the improvement of the hosting site and the online catalog. In the event that the Product is withdrawn from online sale, it will be removed from the website as soon as possible, without the possibility of complaint for the Buyer.

 

ARTICLE.5 – ORDERING PROCESS

5.1 – APPLIED LANGUAGES

All contractual and commercial documents, etc., are written in French, the language that mainly governs relationships.

Under no reason and under no circumstances may TEXIME and the Third-Party Sellers be held liable for any difficulty or misinterpretation or misunderstanding of the French language by the Buyer.

Nevertheless, the Operator offers the Buyer a version of the hosting site in English, the major official language in the European Union, in order to guarantee a better customer experience.

5.2 – ORDER STEPS

It is only possible to place an Order on the hosting site. No Order sent by mail, fax, etc. may be taken into account by TEXIME and the Third-Party Sellers unless agreed.

 

1) PURCHASE OF PRODUCTS ON THE HOSTING SITE

The acceptance, processing and confirmation of the Buyer's Order is confirmed by the entry of important and necessary data to clearly identify and deliver any Buyer.

The Buyer wishing to place an Order must be at least 18 years old and have the legal capacity to enter into a contract.

 

2) PERSONAL ACCOUNT

Before being able to place and confirm their Order, the Buyer must create and open a personal account on the hosting site.

The Buyer must fill in a certain amount of necessary information and fill in all the mandatory fields (*) for the processing of his Order and to benefit from specific rates if he is a Professional Customer.

This requested and necessary information allows the identification of the Buyer for the purposes of sending confirmation and processing of the Order, invoicing, reminders, tracking of Order(s), quotes, return(s).

This personal information is modifiable and can be consulted at any time by the Buyer.

The Buyer's Personal Account is secured, in particular through the creation of a strong and personal password chosen by the Buyer.  The unauthorized use of the Buyer's personal account by a third party who has had access to its username and password does not engage the liability of the Operator or the Third-Party Sellers and engages the negligence of the Buyer.

In their Personal Space, the Buyer can change their password at any time and the Sellers strongly advise the Buyer to do so. It is recommended that the Buyer change his password regularly.

The Buyer's Personal Account may be terminated or suspended as a result of non-payment, partial or late payment (if excess), also as a result of any act or failure that may cause prejudice to the Sellers.

3) ORDER

In order to place an Order, the Buyer must follow the steps described below. Please note that depending on the Buyer's start page, the steps may be slightly different.

·          The Buyer must select the Product(s) of his choice and by clicking on the desired quantities and then click on the add to cart button.

·         The selected Product(s) are placed in the Buyer's shopping cart when the Buyer has clicked on the add to cart button. The Buyer may then select and add as many other Product(s) as he wishes. 

·         When the Buyer has selected and placed all the Products he wants in his shopping cart, the latter must click on the shopping cart and check that the content of his Order corresponds to his needs. This is the Summary of his Order with Product(s), quantity and price. The Buyer must click on validate cart and continue to the payment.

·         After validating their basket and continuing to the payment, if the Buyer has not created or registered with their Personal Account, the latter will be invited to do so.

·         Once the cart has been validated and the connection or registration has been made, the Buyer is at the delivery stage. He will then have to indicate the delivery address and the billing address. He will have to fill in the requested and mandatory information. 

Once completed, the Buyer must select his choice of delivery method. The delivery price will be communicated and written. At the end of this step, the Buyer will have to validate and confirm the elements filled in to continue with the payment.

·         After completing the delivery stage, the Buyer has arrived at the payment stage. They must then enter their means of payment as well as all the necessary and mandatory information for the processing of the Order, such as for payment by credit card: name of the bank card holder, their number, their expiry date, their cryptogram, etc. In order to access the confirmation of the payment stage, the Buyer will be asked to read the General Terms and Conditions of Sale and Use and to fully accept them, by ticking the box dedicated to this purpose. 

This validation implies acceptance of the entire General Terms and Conditions of Sale and Use and constitutes proof of the sales contract.

·         The taking into account of the Order and the acceptance of it are confirmed by sending an email and subject to the availability of stocks of the Sellers. Validation of the Order is conditional on the correct payment of the latter.

 

5.3 – LEGITIMATE REFUSAL OF SALE

In accordance with the provisions of Article L.121-11 of the Consumer Code, the Sellers will have the option for the Consumer Buyer to refuse the Order by invoking a legitimate reason. It is already specified (case law) that the following elements will be qualified as legitimate reasons:

·         Abnormal or illegal nature of the application - Abnormal consumer behaviour;

Refusal of payment;

Late payment for previous Orders;

Unavailability of Products;

Bad faith of the Buyer;

Existence of a previous dispute;

Incivility towards the company's employees.

The refusal of sale between Sellers and Professional Buyers is authorized by law under the following legitimate reasons, already specified:

Refusal of payment;

Late payment for previous Orders;

Abnormal or illegal nature of the request - Abnormal behavior;

Unavailability of Products;

Bad faith of the Buyer;

Existence of a previous dispute;

Incivility towards the company's employees.

 

Sellers therefore reserve the right to refuse one or more Orders with any Buyer, whether payment has been received or not, by giving notice of non-acceptance to the Buyer by any means made available to him: e-mail, fax, post, etc., within a reasonable period of time following receipt of the Buyer's Order. 

In addition, Sellers reserve the right to cancel Orders that have been accepted by giving notice of such cancellation to the Buyer also by the means made available to the Buyer to contact him, within a reasonable period of time following the receipt of the Order by the Sellers. 

If the Sellers reject or cancel one or more Orders for which payment has been made, they contact the Operator (clarification: TEXIME, itself the Seller, there is no need to put them in touch since TEXIME is also the Operator) for the reimbursement of the amount to the Buyer within a reasonable period of time.

 

ARTICLE.6 – PRICING CONDITIONS

6.1 THE PRODUCT PRICE OF THE PROFESSIONAL BUYER

The prices of the Products sold by the Sellers on the hosting site for the Professional Buyer will always be indicated in euros prices excluding taxes, excluding participation in preparation and delivery costs and are valid as long as they are present on the Product sheet.

6.2 THE CONSUMER BUYER'S PRODUCT PRICE

The prices of the Products sold by the Sellers on the hosting site for the Consumer Buyer will always be indicated in euros, all taxes included, excluding participation in preparation and delivery costs, and are valid as long as they are present on the Product sheet.

6.3 PREPARATION AND DELIVERY COSTS

The preparation and delivery costs will be indicated at the time of validation of the Order at the delivery stage. They vary according to the method and delivery time.

Deliveries within the European Union may be subject to specific conditions of which the Buyer will be informed, before the validation of his Purchase Order. Sellers may not be able to make specific deliveries related to the delivery location. In this case, the Buyer will be notified in advance.

The amount of the delivery costs is determined by the weight, the total volume of the delivery and the place of delivery according to the rates charged by the carrier. This contribution covers the costs of preparing the Order and its specific packaging. The amount of this participation will be indicated in the summary of the Order.

6.4 PRICES

The prices of the Products are those indicated on the hosting site and are established by the Sellers. Sellers reserve the right to change the prices of their Products without notice and at any time. Taking into account the General Terms and Conditions of Sale in force at the time of reading, the Buyer is informed that the prices and Products of the Sellers appearing on the hosting site are subject to change without notice and at any time.

The execution of one-off promotional operations may result in a fluctuation in the price of one or more prizes for an indefinite and/or limited period of time and will be indicated on the hosting site. These price fluctuations will not entitle you to any refund for Orders placed outside the promotional period or without the use of the relevant promotional code.

All Sellers' prices on the hosting site are given subject to any typographical error that can be justified or malfunctioning of the calculation algorithms.

In the event of an error(s), the Sellers will contact the Buyer to alert him of these possible errors on the hosting site and they will remind him that the Order will be invoiced under the corrected conditions. However, if the Buyer refuses to accept the price correction, it will be free to cancel the corrected Order without penalty. This cancellation must be declared and expressed clearly and unambiguously to the Sellers by email or post.

The Products remain the property of the Sellers until full payment of the price.

6.5 CUSTOMS DUTIES

Sellers make deliveries only within the European Union (EU). As a result, no customs duties have to be paid when goods are transported from one EU country to another.

ARTICLE.7 – PAYMENT TERMS

The currency used on the hosting site is the euro. The Order will be processed and shipped on the condition that payment for the Order is received from the funds in the Operator's bank account.

The Buyer pays for his Orders directly with the hosting site, according to the available means of payment.

Payment for Orders placed via the hosting site is made to the Operator or payment providers, who collect the funds on behalf of the Third-Party Sellers.

7.1 MEANS OF PAYMENT

1) PAYMENT BY CREDIT CARD 

Payment by credit card is a cash payment.

Payment for the Buyer's Order is thus made immediately upon Ordering.

The Buyer can make the online payment of his Order on the hosting site by credit card. The Operator accepts the following credit cards:

·         VISA

·         MASTERCARD

·         Credit card

·         Etc...

2) PAYMENT BY BANK TRANSFER – PROFESSIONAL BUYER 

The Operator accepts payment by bank transfer only according to the criteria established by a third party and the Third Party Sellers for the Professional Buyer. For this means of payment, the Professional Buyer's Order is only validated and shipped from the receipt of the funds in the Operator's bank account.

The Sellers reserve the right not to proceed with the sale and delivery of the Products that the Professional Buyer has ordered, if the latter does not pay the price to the Operator under the conditions and in accordance with the terms and conditions indicated.

3) 30 DAY PAYMENT INVOICE DATE GRANTED – PROFESSIONAL BUYER

If the Sellers have not granted a payment within 30 days of the invoice date to the Professional Buyer, the payment terms are either in cash at the time of the Order by credit card or by bank transfer.

Payment terms within 30 days of invoice date may be granted, subject to satisfactory references and at the absolute discretion of the Third Party Sellers and TEXIME. If this means of payment is granted, it can only be set up from the 2nd Order of the Professional Buyer. 

For the Professional Buyer, if payment within 30 days of the invoice date has been granted by the Sellers, they will issue the Professional Buyer with an invoice at the time of delivery of his Order. This invoice will be emailed in PDF format to the Business Buyer. The Business Buyer must pay the invoice price within 30 days of the invoice date. All payments must be made without any set-off and/or deduction. 

The criteria for the Professional Buyer are established by the Sellers. As a result, the Professional Buyer will be contacted to inform him of his eligibility for this means of payment. The Professional Buyer may also contact the Operator and the Third-Party Sellers in order to discuss the matter, to grant or not this means of payment.

4) PAYMENT INCIDENT – PROFESSIONAL BUYER

In the event that an amount is not paid by the due date of payment, for payment within 30 days of the invoice date, then, without prejudice to any other right or remedy:

·         All sums due by the Professional Buyer shall become immediately due and payable, even if such sums are not due until a later date;

·         For any amount not paid by the due date, the Sellers will automatically be entitled to enforce late payment penalties payable by operation of law on the day following the payment date appearing on the invoice. These penalties are calculated at the legal interest rate in force. The sums due will therefore be increased by an interest rate representing 3 times the legal interest rate in force. That is, Sellers may charge the Professional Buyer interest from the due date until full payment (before and after any judgment) on the unpaid amount at an interest rate representing 3 times the prevailing legal interest rate.

In the second half of 2024, the interest rate = 3 X 4.92 (current legal interest rate) = 14.76%

Calculation of late payment penalties: Late payment interest = unpaid amount X interest rate X number of days late / 365; 

·         In the event of total or partial non-payment or total or partial late payment of an invoice that has fallen due, the Sellers reserve the right (cumulative options), after sending a simple registered letter with acknowledgement of receipt informing the Buyer, to:

- Suspend or cancel the delivery of current and/or future Orders from the Professional Buyer,

- Review any special conditions that may be granted to the Professional Buyer,

- Immediately demand the payment of the outstanding debt of the Professional Buyer, without the latter being able to claim any compensation or oppose it.

The Sellers reserve the right to immediately take back the Products. Return shipping costs are the responsibility of the Professional Buyer.

·         AND pursuant to Article L 441-6 paragraph 12 of the French Commercial Code, any delay in payment shall automatically make payable a lump sum compensation for recovery costs in the amount of €40 excluding VAT (Article D 441-5 of the French Commercial Code) as of the first day following the date of payment appearing on the invoice.

The costs of collection as well as any fees or legal costs arising therefrom will be borne by the Professional Buyer.

7.2 DECLINED PAYMENT TERMS

Sellers refuse the following payment methods from the Buyer:

·         Cheques

·         Cash

·         Virtual currencies

The Sellers do not discount the Sellers.

ARTICLE.8 – TERMS OF DELIVERY

8.1 PLACE OF DELIVERY

The Product(s) ordered are delivered to the delivery address that the Buyer will have indicated during the Order process with all the requested and mandatory elements, provided that it is located in the geographical area specified in these General Terms and Conditions of Sale and accepted by the Sellers.

The delivery address must be a physical and valid address.

The Buyer is required to take delivery of the Products at the time when the Sellers deliver them or have them delivered to him, or as the case may be at the time when they are made available to him.

All deliveries will be the subject of a delivery note that the Buyer must sign upon receipt of the products. The signature of this transport receipt constitutes an unreserved acceptance of the goods.

It is the responsibility of the Buyer to check the products at the time of delivery.

In the event of an input error, in particular an incorrect or incomplete delivery address, the Third-Party Sellers and the Operator shall not be held liable for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of the Products due to an input error by the Buyer will be the sole responsibility of the latter.

 

8.2 DELIVERY TERMS

Each Seller makes their own delivery of their own Products from the Orders.

Except in special cases or unavailability of one or more Products from a Third Party Seller, the Products of each Third Party Seller ordered will be delivered in one go. As soon as the Order has been validated and payment has been validated, the Sellers prepare the Order: destocking the Products, issuing the delivery note and packaging the package, etc. Delivery is made from the Sellers' warehouse (located in different locations).

If an Order is for several Products from different Sellers, the packages will be separate, so there will be several packages: for example, TEXIME ships such a package with such and such Product(s), Seller Tier 1 ships such and such a package with such and such Product(s), Seller Tier 2 ships such and such a package with such and such Product(s), Seller Tier 3 ships such and such a package with such and such Product(s)...

Subject to cancellation, replacement or non-performance, etc., of Buyer's Orders, Sellers will deliver the Products specified in Buyer's Order.

The choice of delivery method by the Buyer is made during the Order process. The Buyer must select his choice of delivery method with the carrier and the corresponding costs. The costs of delivery are in addition to those of the Products ordered. The amount of the delivery costs is determined by the weight, the total volume of the delivery and the place of delivery, according to the rates charged by the carrier.

8.3 DELIVERY TIMES

The times announced are times after the Sellers' warehouse (located in different locations).

The average delivery times for each delivery method and by carrier are indicated when choosing the delivery method.

The delivery times quoted are only approximate and the Third Party Seller and the Operator cannot be held responsible for the consequences of any delay in delivery. The stated delivery time is not an essential condition of the sales contract. In this case, a specified delivery date never constitutes a definitive deadline.

In the event of public holidays, periods of high activity such as sales, promotional operations, bad weather, exceptional closures or traffic bans/problems, etc., processing and delivery times may be extended (non-exhaustive list).

Delivery deadlines may never give rise to damages, or to the cancellation of current Orders, or to the total or partial suspension of payment for an Order, the Third-Party Seller and the Operator being in no way liable for failure to comply with the delivery deadlines indicated, which the Buyer expressly acknowledges and accepts.

Lost Package: If the Buyer has not received their package within 30 days of the stated delivery time or any updated estimated delivery date and their tracking indicates that it is still not delivered, the Buyer must contact the Seller by email and telephone to let them know. When the Seller is notified by the Buyer of the lost package, the Seller opens an investigation with the carrier and if the package has not been found and delivered, the Operator (precision: TEXIME, itself the Seller, no need to be put in touch since TEXIME is also the Operator) with the agreement of the Third-Party Seller reimburses the Buyer.

 

8.4 RECEIPT OF PRODUCTS

The Buyer is invited to check the condition of the Products upon receipt in order to confirm their conformity with the Order.

In the event of non-conformity or apparent deterioration of the package, when the package is delivered in person to the Buyer and when verification of the Product is possible at the time of delivery, the Buyer must immediately express reservations about the condition of the package and the Product to the carrier, if the Product or its packaging has been damaged during transport.

ARTICLE.9 – TRANSFER OF OWNERSHIP AND RISKS

If the Buyer refuses to take delivery or fails to provide the information or instructions necessary for delivery, the Sellers are entitled to take back and store the Products at the Buyer's expense and risk.

Until the Buyer has paid the price in full, the Sellers reserve a right of ownership over the Products sold, allowing the Buyer to repossess the said Products.

In respect of Products ordered to be delivered to the Buyer's property, the risk of loss or damage-deterioration of the Products passes to the Buyer upon delivery, unless the Buyer wrongfully fails to take delivery of the Products, in which case such risk passes to the Buyer at the time the Sellers attempted to deliver the Products.

In the case of Products that Buyer orders for collection from Sellers' warehouse, the risk of loss or damage-deterioration of the Products passes to Buyer at the time of collection.

Ownership of any Product shall not pass to the Buyer until full payment of the price of its Order and all other amounts due to the Operator (the Operator transfers the funds to the Third Party Sellers and as a reminder, the Operator is itself a Seller) has been made (within the accepted payment terms).

In the case of payment 30 days, invoice date granted by Sellers to the Business Buyer, if the Business Buyer is in arrears in the payment of any sums due to the Sellers, they have the right to immediately return all Products whose ownership has not been transferred to the Business Buyer. The Professional Buyer authorizes the Sellers and its agents to collect such Products in such circumstances and to enter the premises of the Professional Buyer for this purpose.

The request or collection of the Products by the Sellers does not in itself release the Professional Buyer from its obligation to pay the full price and to take delivery of the Products.

Return shipping costs are the responsibility of the Buyer.

ARTICLE.10 – BUYER-CONSUMER RIGHT OF WITHDRAWAL

10.1 GENERAL

In accordance with the legal provisions in force, the Consumer Buyer has a withdrawal period of 14 days from receipt of the Products (if the Consumer Buyer's Order relates to several products delivered separately, the starting point of the withdrawal period is upon receipt of the last Product) to exercise their right of withdrawal by indicating the reason on the return slip.

To exercise this right, the Consumer Buyer may notify the Sellers of their decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail – with acknowledgement of receipt) to the Seller's address that will be indicated to you.

The Consumer Buyer may also use the standard withdrawal form available 

In order for the withdrawal period to be respected, it is sufficient for the consumer Buyer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

In the event of withdrawal on the part of the Consumer Buyer, the Third-Party Seller with the Operator or the Operator alone – itself the Seller and therefore no connection, depending on the initial means of payment, undertakes to reimburse the full amount paid, without delivery costs, without undue delay and, in any event.

 

10.2 RETURN CONDITIONS

The Consumer Buyer must indicate his return request on his Customer Account. From there, the Buyer will receive a return voucher and must return the Products with it, to the Seller's address indicated, TEXIME - SAS PROBOBINAGE, 78 Rue Henri Barbusse 59224 Thiant (France), without undue delay and, in any case, no later than 14 days after the Consumer Buyer has communicated his decision to withdraw. This withdrawal period is deemed to have been respected if the Consumer Buyer returns the Products before the expiry of the 14-day period.

The cost of returning the Products shall be borne by the Buyer. Once the products have been received and inspected, if we accept your return, you will be refunded for the products.

Only the return of Products in their original, complete packaging (accessories, instructions, etc.), in the same condition as when they were received, unused, unwashed, undamaged, unworn, and accompanied by the return label received (to be glued/taped to the box of the package) as well as the return slip requested on the site and carefully completed, will be accepted.

Each refund will be made through the Operator in agreement with the Third-Party Seller for credit card payments. For bank transfer payments and payments granted within 30 days of invoice date, the refund will be made by the Third Party Sellers. Each refund will be made as soon as possible upon receipt of the returned products and verification of their compliant condition and using the same means of payment as the Consumer Buyer used for the initial transaction, unless the Consumer Buyer expressly agrees on a different means with the Third-Party Seller and the Operator

No refunds will be given for defects or non-conformities resulting from improper use of the Product, modifications made by the consumer Purchaser, or negligence.

Unless otherwise specified, TEXIME is not an authorized reseller of any of the original manufacturers of surplus, refurbished, new and used products that TEXIME resells. Thus, by accepting these T&Cs, any Buyer becomes aware of this information and the responsibility of TEXIME and the Third-Party Sellers will not be engaged. Any Buyer will not be able to request a refund, a return on this ground.

 

ARTICLE.11 – RIGHT OF WITHDRAWAL FOR PROFESSIONAL BUYERS

11.1 GENERAL

Under the legislation in force, the right of withdrawal is applicable exclusively to the Consumer Buyer, defined as natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity.

Consequently, these General Terms and Conditions of Sale do not provide for a right of withdrawal for the Professional Buyer.

Orders placed by any Business Customer are considered firm and final. The customer must ensure that the products he orders are suitable for the purposes for which he intends to use them.

 

11.2 RETURN CONDITIONS

Returns of Products by the Professional Buyer will only be accepted in the event of manufacturing defects or non-conformity of the Products delivered in relation to the Order.

Claims for defects or non-conformity must be reported within 7 days of receipt of the goods.

Any return request must be submitted to the address of TEXIME - SAS PROBOBINAGE, 78 Rue Henri Barbusse 59224 Thiant (France). This may be different if it is an Order for several Products from different Sellers. In this case, each package with the Product(s) sold by the Seller must be returned to the address indicated by the same.

Only the return of Products in their original, complete packaging (accessories, instructions, etc.), in the same condition as when they were received, unused, unwashed, undamaged, unworn, and accompanied by the return label received (to be glued/taped to the box of the package) as well as the return slip requested on the site and carefully completed, will be accepted.

If the defect or non-conformity is confirmed, the refund will be made within 14 days of the confirmation and according to the terms and conditions agreed between the parties

No refunds will be given for defects or non-conformities resulting from improper use of the product, modifications made by the Professional Buyer, or negligence.

By purchasing and confirming the Product(s) in his basket, the Professional Buyer is aware of and expressly accepts the terms of use of this Product(s) ordered and its limits.

Unless otherwise specified, TEXIME is not an authorized reseller of any of the original manufacturers of surplus, refurbished, new and used products that TEXIME resells. Thus, by accepting these T&Cs, any Buyer becomes aware of this information and the responsibility of TEXIME and the Third-Party Sellers will not be engaged. Any Buyer will not be able to request a refund, a return on this ground.

11.3 RETURN POLICY FOR FREE PRODUCTS / PROMOTIONAL GIFTS

When an order includes a free gift, no product returns will be accepted, whether for a refund or an exchange.

The benefit of a free product implies the customer's express acceptance of this condition.

No return requests can therefore be accepted for orders including a gift, regardless of the reason given.

As part of certain commercial or promotional offers, a gift may be offered with an order.

Gifts are offered while stocks last and are strictly limited to one gift per order, regardless of the order amount.

ARTICLE.12 – AVAILABILITY AND UNAVAILABILITY

All Products sold by each Seller on the hosting site are accompanied by a Product sheet in which the availability of the Product is correctly indicated except in the event of an unintentional error in the back office of the website. The Operator itself Seller and Third Party Sellers will not be held liable. 

In the event that a Product is unavailable after an Order has been placed, the Sellers will inform the Buyer concerned by e-mail. Unless the Buyer, by return email, does not wish to provide a replacement solution for equivalent equipment within the limit of available stocks, the Order will be automatically cancelled and the Sellers will then proceed to refund the product within 30 days and using the same means of payment as the one used by the Buyer for the initial transaction,  unless Buyer expressly agrees to a different means with the other party.

 

ARTICLE 13 – GUARANTEES

13.1 WARRANTIES

The Sellers guarantee that the Products supplied comply with the specifications indicated on the site at the time of the Order, except in the case of unintentional errors related to the back office. The warranties apply in compliance with the normal conditions of use and maintenance of the Products.

13.2 LEGAL WARRANTIES

In accordance with the legislation in force, the Sellers will respect the legal guarantees relating to the conformity of the Products and hidden defects.

The guarantees described below are limited to the reimbursement of non-compliant or defective Products or to replacement within the limits of available stocks.

Replacement of the Products will not extend the duration of the warranties set out below.

In order to assert its rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Sellers concerned of the existence of the defects, by registered letter with acknowledgement of receipt or by any means making the date of communication certain and within the time limits set for doing so.

 

13.3 WARRANTY AGAINST LATENT DEFECTS

The warranty against latent defects applies to all professional Buyers and Consumer Buyers.

Under articles 1641 et seq. of the Civil Code, the Seller is liable for hidden defects in the Product sold, whether new or used.

"The Seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them." Article 1641 of the Civil Code.

Sellers are not liable for apparent defects.

To avail himself of this warranty, the Buyer must demonstrate the existence of a redhibitory defect, serious enough to render the thing, in this case, the Product(s) unfit for use, a latent defect and a defect prior to the sale.

The Buyer has a legal period of 2 years from the discovery of the defect to claim this warranty. (Article 1648 of the Civil Code)

The warranty against hidden defects does not apply to defects resulting from abnormal or inappropriate use, accident resulting from impact, fall, negligence, deterioration, lack of supervision or maintenance, unauthorized modifications, intervention by a third party on the product without having been previously authorized by the Seller or any other cause for which the Company is responsible.

13.4 LEGAL GUARANTEE OF CONFORMITY

The legal guarantee of conformity applies to any consumer Buyer and does not apply to any professional Buyer.

In accordance with the legal provisions in force, the warranty does not apply in the event of a sale between 2 individuals or between 2 professionals.

Compliance is used for new or used products in the following situations:

A product fit for the usual use expected of a similar Product and, where applicable:

Product as described by the Seller

Product possessing the qualities advertised by the Seller or agreed with the consumer Buyer

Product with the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the consumer Buyer, brought to the attention of the Seller and accepted by the latter. 

The legal guarantee of conformity does not apply in the following cases:

The Consumer Buyer was aware of a defect at the time of purchase

The Consumer Buyer could not have been unaware of the defect at the time of purchase (e.g., if the Seller informed him of it)

The defect results from materials that the Consumer Buyer has supplied or added (for example, if the Consumer Buyer puts another non-conforming Product in the Product ordered and received).

The Products ordered and delivered to the Consumer Buyer benefit from a legal guarantee of conformity for a period of 2 years from the date of delivery.

13.5 SOLICITATION OF THE WARRANTY

The assumption of warranty is accepted on the condition that an expert report is carried out on the cause of the non-conformity or the alleged defect.

Depending on the situation, this analysis will be carried out by the Sellers accompanied by experts on the condition that the Product(s) are returned by the Buyer.

In the event of non-conformity or proven apparent defect, the return costs are at the expense of the Buyer.

No replacement loan is granted by the Sellers to the Buyer during the period of immobilization of the products concerned for warranty expertise.

Only the return of Products in their original, complete packaging (accessories, instructions, etc.), in the same condition as when they were received, unused, unwashed, undamaged, unworn, and accompanied by the return label (to be glued/taped to the box of the package) as well as the carefully completed return slip will be accepted.

In the event of acceptance of warranty coverage, the Third-Party Seller or the Operator, depending on the initial means of payment and depending on the Product ordered and the expertise, will reimburse the Product(s) within a maximum period of 30 days following the date of confirmation of the defect.

13.6 DISCLAIMER OF WARRANTY

The warranties do not cover damage resulting from abnormal, improper use, accident resulting from impact, fall, neglect, deterioration, lack of supervision or maintenance, unauthorized modifications, intervention by a third party on the product without having been previously authorized by the Seller or any other cause not within the responsibility of the Third Party Seller and the Operator (Seller).

The Products sold by Sellers must be assembled and used by a competent person and under his or her sole responsibility. Thus, the Sellers will not be held responsible for the consequences of improper dismantling and assembly, the use of an unsuitable Product on a machine or other and direct or indirect damage caused to a thing or a person. The Buyer will be held solely responsible.

Cases of exclusions from coverage:

Normal wear and tear of a product

Defects and their consequences related to the Buyer's choice of a non-conforming Product, not adapted to the manufacturer's specifications

Defects and their consequences related to assembly or installation that does not comply with the rules specific to the machine on which the Product is mounted.

Defects and their consequences related to an error on the part of the Buyer resulting from use or installation not in accordance with the manufacturer's specifications or storage harmful to the proper conservation of the Product

Defects and their consequences related to the abnormal use of the Product(s) for the purpose for which it is intended

Damage resulting from an external cause (accident, lightning, current fluctuation, etc.).

Defects related to the Products that the Buyer has modified, repaired, integrated or added,

Products whose defect is the result of damage related to transport.


In all these cases, the Third-Party Sellers and TEXIME will not be held responsible for the defect of the Product and any damage caused.

THE BUYER ACKNOWLEDGES THAT IT IS HIS RESPONSIBILITY TO ENSURE THAT THE PRODUCTS HE ORDERS ARE SUITABLE FOR THE PURPOSES FOR WHICH HE INTENDS TO USE THEM.

 

ARTICLE 14 – RESPONSIBILITIES

The liability of the Third-Party Sellers as well as that of TEXIME cannot be engaged in the event of non-performance or poor performance of the contract due either to the act of the Buyer or a third party to the contract, or to a case of force majeure.


The Sellers cannot be held liable for non-compliance of the Product with the legislation of the Buyer's country, which is responsible for verifying, in particular, whether the Product(s) are not prohibited from sale in its country.

The photographs and graphics or other visual elements appearing on the website are given for information purposes only and do not constitute a contractual commitment on the part of TEXIME and the Third-Party Sellers guaranteeing a perfect similarity between the Product ordered and the Product represented.

As such, TEXIME and the Third-Party Sellers will not be held liable for any discrepancy between the Product photographed on the product sheets and the Product(s) delivered.

The responsibility of TEXIME but also that of the Third-Party Sellers cannot be engaged for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure.

In addition, the Third-Party Sellers and TEXIME cannot be held liable in the event that the Order does not succeed or if it is prevented from complying with any of its obligations in a case of force majeure and in particular in the event of bad weather, public holidays, periods of high activity such as sales, promotional operations, etc.  exceptional closures or bans/traffic problems (non-exhaustive list) preventing the delivery of the Order.

Any deterioration of the product during transport is the responsibility of the carrier only, the Buyer waiving any recourse against the Third-Party Sellers and TEXIME in this respect.

In order to relocate an Order, one or more Products to a country other than mainland France, the Buyer becomes the importer of the Product(s) concerned.

Customs duties, local taxes, import duties or state taxes, etc., may be charged under his responsibility.

The Buyer must therefore check with the local authorities the possibilities of importing and using the Products that he intends to send and make any corresponding declaration and/or payment to the competent bodies.

He must also ensure that the manufacturer's own technical specifications comply with the legislation in force in the country concerned.

If the Buyer does not comply with the legislation of the country in force where it has introduced the Products, the Third-Party Sellers and TEXIME cannot be held liable.

The Third-Party Sellers and TEXIME therefore invite the Buyer to refer to the description of each product to find out its precise characteristics.

In case of doubt or if the Buyer wishes additional information, the Third-Party Sellers and TEXIME invite the Buyer to contact them by email or telephone.

The Buyer is solely responsible for the reception, storage and use of the Product(s) in conditions that comply with and in accordance with the regulations.

It is the responsibility of the Buyer, under his own responsibility, to check and verify that the Product(s) ordered take into account the general rules applicable to the planned performance and the specific conditions of use.

The Third-Party Sellers and TEXIME shall not be held liable under any circumstances, either to the Buyer or to a third party, for any indirect damage, in particular operating loss, loss of customers, commercial damage, damage to the brand image, or any inconvenience resulting from the execution of the operations referred to in the T&Cs. In any event, except in the case of gross negligence, in no case may the liability of the Third-Party Sellers and TEXIME exceed the amount paid by the Buyer in consideration of its obligations.

As the Operator of this site, TEXIME also acts as an intermediary between Third-Party Sellers and Customers.

Pursuant to Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (hereinafter the "LCEN"), in its capacity as a hosting provider, TEXIME cannot be held civilly liable for the activities or information stored within the hosting site if it does not have actual knowledge of their illegal nature or of facts and circumstances showing this nature or if,  from the moment it became aware of it, under the conditions provided for in the LCEN, it acted promptly to remove this data or make access to it impossible.

Consequently, the Operator cannot be held liable due to:

The Product Sheets and Third-Party Sellers' Listings of these Third-Party Sellers, and more broadly all the content and/or information provided by the Third-Party Sellers on the characteristics of the Products, their condition, their price, etc., the Third-Party Sellers being solely responsible for the proper performance of their legal obligations to provide pre-contractual information to the Buyers as well as for the veracity,  the completeness and updating of the information and content it provides, except in the case of proven fault on the part of the Operator;

Reviews published by Buyers following their Orders; 

In addition, the Operator is not subject to a general obligation to monitor the information transmitted by Third-Party Sellers and stored within the hosting site on their behalf.

Finally, it is recalled that:

The Products marketed by Third-Party Sellers within the hosting site are under their sole responsibility;

The Operator is not a party to the sales contract concluded between the Buyers and the Third-Party Sellers when placing the Order.

Consequently, the Operator cannot be held liable for any disputes between these two parties above (Buyer and Third Party Sellers) in connection with Orders placed through the hosting site, unless there is proven fault.

 

TEXIME declines all responsibility:

In the event of deletion, impossibility of storage, incorrect transmission or inappropriate transmission of information or data contained within the hosting site or resulting from the Services;

In the event of damage caused to the User related to the performance or non-performance of the Services of the hosting site;

In the event of damage that may result from the downloading or use of information or data available on the Internet via the Services of the hosting site, such as damage caused to computer systems, loss of data.

·         In the event of non-verification by the Professional Buyer that the Product(s) Ordered are suitable for the purposes for which it intends to use them. 

Unless otherwise specified, TEXIME is not an authorized reseller of any of the original manufacturers of surplus, refurbished, new and used products that TEXIME resells. Thus, by accepting these T&Cs, any Buyer becomes aware of this information and the responsibility of TEXIME and the Third-Party Sellers will not be engaged. Any Buyer will not be able to request a refund, a return on this ground.

 

ARTICLE 15 – INTELLECTUAL PROPERTY

The Buyer acknowledges that the Operator owns intellectual property rights in its website, its content, and that their reproduction, in whole or in part, without the prior written consent of the Operator is prohibited. The elements of the site are and remain the intellectual and exclusive property of the Operator and the Third-Party Sellers, in particular the texts, comments, works, illustrations and images reproduced on this site and relating to the Products.

Buyer is not permitted to make any changes to the Products and the Site.

The Operator and the Third Party Sellers do not warrant or give any assurance to the Buyer that the products supplied do not infringe the intellectual property rights of any third party.

Offers made by Third Party Sellers remain their property.

Our company is neither affiliated nor an official distributor of the brands whose products we resell. The logos, names and trademarks mentioned on our site or our communication materials remain the exclusive property of their respective owners.

We do not manufacture or trade counterfeit products. The visuals and graphic elements used on our site are original creations and are not intended to imitate or reproduce the official logos of the brands.

ARTICLE 16 – DATA PROTECTION

The Operator reserves the right to collect data on the Site User and any Buyer, in particular through the use of cookies. Cookies are small text files recorded by the browser of your device (computer, tablet or smartphone, etc.) that allow user data to be stored in order to facilitate navigation and enable certain functionalities. The Operator recommends accepting its use to fully enjoy your browsing.

The site may contain outgoing hypertext links, however the web pages to which these links lead do not engage the responsibility of the Operator and the Third-Party Sellers who do not have control over these links.

The User therefore refrains from engaging the responsibility of the Operator and the Third-Party Sellers concerning the content and resources relating to these outgoing hypertext links.

The processing of personal data by the Operator and the Third-Party Sellers complies with the provisions of the French Data Protection Act of 6 January 1978 in its current version, and complies with the recommendations of the Commission Nationale de l'Informatique et des Libertés concerning the duration of data retention and archiving.

The information requested on the hosting site is necessary for the creation of a personal account necessary for the act of purchase.

However, browsing the website is in no way conditional on the creation of the said personal account.

The Operator and the Third Party Vendors take care of your personal data and are committed to ensuring its confidentiality and security.

All data is collected for a specific purpose, which is called purposes and is necessary for the management and monitoring of the website and the relationship with any Buyer.

In accordance with the law of 6 January 1978 relating to information technology, files and freedoms, you have the right to access, modify, rectify and delete data concerning you. We offer you the possibility of exercising these rights by contacting us at the address indicated on the website and in these General Terms and Conditions of Sale.

For more information on how the Operator and Third-Party Vendors process and collect your personal data as well as its purposes, etc., please refer to our available privacy policy. By accepting these General Terms and Conditions of Sale and Use, by browsing and using the website, by making purchases and interacting with the hosting site, you have become aware of these General Terms and Conditions of Sale and Use, the Cookies Policy, the Legal Notice and the Privacy Policy.

 

ARTICLE.17 – CONTRACT LAW

By placing an Order on the hosting site, any Buyer, whether consumer or professional, accepts these General Terms and Conditions of Sale and Use and concludes a (distance) sales contract with the Sellers.

ARTICLE.18 – TERMINATION OF THE CONTRACT

The Sellers reserve the right to cancel the accepted Order without notice, by registered letter with acknowledgement of receipt:

- In the event of total or partial non-performance by the Buyer of its obligations, in particular the obligation to pay.

- In the event of an unfavourable change in the financial or commercial situation of the Buyer, which may lead to a default of payment.

- In the event of non-compliance with these General Terms and Conditions of Sale and Use

- Or for any legitimate reason

 

In the event of termination of the contract, the Third-Party Seller will be released from its obligation to deliver. In the event of termination of the contract, the parties will be released from their respective obligations, subject to the rights and obligations arising from the termination.

The Third-Party Seller and TEXIME following the original payment method will refund to the Buyer any payment received for the relevant Products within a reasonable period of time. The refund will be made using the same payment method used by the Buyer for the original transaction, unless expressly agreed by the Buyer for a different method.

In the event of termination of the contract, the Buyer is obliged to return the relevant Products in accordance with the instructions provided by the Sellers.

ARTICLE 19 – APPLICABLE LAW

The law applicable to the contract is French law. This contract and the General Terms and Conditions of Sale are subject to French law.

ARTICLE 20 – DISPUTE RESOLUTION

It is specified that any dispute arising between a Client and a Seller must be dealt with as a priority between them, the Seller remaining solely responsible for the execution of the Product sale made and the customer relationship via the hosting site.

Disputes concerning the hosting site itself must be handled between the User and the Operator.

In the event of disputes, the parties will seek, before any litigation action, an amicable agreement and will communicate to each other all the necessary information for this purpose.

In the event of a dispute, not resolved amicably, of any kind or a dispute relating to the formation or execution of the sale, the courts of the registered office of the Sellers, concerning disputes with the hosting site itself, the court of its registered office, with the exception of sales of the consumer Buyer whose disputes will be within the jurisdiction of the place of their domicile, will have sole jurisdiction.

Any dispute or so-called consumer dispute, subject to Article L612-2 of the Consumer Code, may be settled amicably by mediation with:

·         FEVAD, French Federation of E-commerce and Distance Selling https://www.mediateurfevad.fr/index.php/la-mediation/#mediateur-fevad 

mediateurduecommerce@fevad.com

https://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-9

Consumer Mediator FEVAD BP 20015 – 75362 PARIS CEDEX 8 –

For any request for mediation, the Buyer must be able to justify that he has previously tried to resolve his dispute directly with the Seller by means of a written complaint and that he has not obtained a satisfactory response (for disputes involving the formation or execution of the sale) and directly from the Operator (for disputes with the hosting site itself).

The Buyer also has the option of using the European online dispute resolution platform, which allows, via the European Commission's website "Online Dispute Resolution", to seek an amicable solution with the parties (located within the European Union) by choosing the competent consumer mediator (Article L.616-2 of the Consumer Code):  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR 

The parties to the contract remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.

 

ARTICLE 21 – PRE-CONTRACTUAL INFORMATION

As a Buyer on the hosting site, before any purchase and after purchase, these General Terms and Conditions of Sale and Use have been communicated to you and you have accepted them.

ARTICLE.22 – MAJOR FORCE-SALE

The Third-Party Sellers and TEXIME will not be held responsible (has no control) for any breach of contract if such non-performance is the direct or indirect effect of a case of force majeure such as: the occurrence of any natural disaster, pandemics, epidemics, crises, government measures, traffic jams, interruption of any external line, blockage of communication routes, war,  riot, attack, extreme cold or heat, flood, fire, strikes, both at the Third Party Seller and TEXIME as well as at its service providers, suppliers, public services, post office, imperative injunction from the public authorities (prohibition of import, export, etc.), supply disruption, shortages of raw materials (non-exhaustive list).

If Sellers are prevented or limited in performing all or part of its obligations under these Terms and Conditions of Sale due to a force majeure event, Sellers are released from its obligations during the period in which the event continues and are not liable for any delay or failure in the performance of its obligations during that period. If the force majeure event continues for a period of more than 60 days, Sellers may cancel the relevant Order, without any liability to the Buyer.

ARTICLE 23 – EVIDENCE AND ARCHIVING

In accordance with the provisions of the law of 13 March 2000, the online provision of the credit card number and the final verification of the Order will be deemed to be proof of the entirety of the said Order and will be deemed to be due for the sums incurred in the selection of the Product(s) appearing on the Order form.

The archiving of communications, Orders and invoices is carried out on a reliable and durable medium in order to constitute a reliable copy in accordance with Article 1348 of the Civil Code. Such communications, purchase orders and invoices may be produced as proof of the contract.

Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties. The invoices issued will be kept in accordance with Article L. 213-1 of the Consumer Code.

Any contract concluded with the Consumer Buyer corresponding to an Order for an amount greater than 120 euros including VAT will be archived by the Sellers for a period of 10 years in accordance with Article L. 134-2 of the Consumer Code.

Sellers agree to archive this information in order to track transactions and produce a copy of the contract at Buyer's request.

Invoicing, purchase order, delivery or receipt data must be kept for 10 years in accordance with the French Commercial Code, even if the person concerned is no longer a customer.

The National Commission for Information Technology and Civil Liberties (CNIL) has imposed by a deliberation, the deletion of data once the online payment transaction is completed. Thus, in principle, the Third-Party Seller and TEXIME cannot keep this data.

However, the retention of this data is possible to facilitate future purchases. To do so, it is necessary to obtain the consent of the person concerned, i.e. the Buyer. Consent should not be presumed and its conditions must be respected. Therefore, consent must be free, specific, informed and unequivocal.

Without activity, the data in a Customer Account will be deleted after 3 years. 

ARTICLE 24 – SECURITY

The hosting site is subject to a security system, the SSL encryption process, and has reinforced all the scrambling and encryption processes to protect all sensitive data related to payment methods as effectively as possible.

ARTICLE 25 – ENTIRETY

In the event that one of the clauses of the General Terms and Conditions of Sale is declared null and void following a change in legislation, regulations or by a court decision, this shall in no way affect the validity and compliance with these General Terms and Conditions of Sale.

 

General Terms and Conditions of Use TEXIME

ARTICLE.1 – CONTACT DETAILS

TEXIME allows itself and Third-Party Sellers to list and sell their Products on texime.com. TEXIME, as a hosting provider, facilitates transactions carried out on the website, TEXIME is neither the buyer nor the Seller of the Products of the Third Party Sellers. TEXIME also provides a meeting place and therefore serves as an intermediary between Consumer Buyers – Professional Buyers and Third-Party Sellers. Accordingly, for the sale of these Third-Party Sellers' Products, a sales contract is formed between the Consumer Buyer – the Professional Buyer and the Third-Party Seller.

ARTICLE.2 – DEFINITIONS

The terms mentioned below have the following meanings in these General Terms and Conditions of Sale:

"The Operator" "Host Site" "Website" "TEXIME": refers to the company TEXIME: the Seller e-commerce site itself and serving as an intermediary between Buyers and Third-Party Sellers.

"Back-Office": refers to the interface allowing TEXIME and Third-Party Sellers to access their personal space from which they can manage their Product catalogue, their Orders, the monitoring of their activity and their correspondence with each other and with and/or their Customers.

"Third-Party Sellers", "Third-Party Seller", "Third-Party Seller 1", "Third-Party Seller 2", "Third-Party Seller 3", etc.: refers to third-party companies (other than TEXIME) that offer their Products for sale on the Website.

"Sellers" "Seller": refers to the Third-Party Sellers and TEXIME.

"Consumer Buyer", "Consumer Customer": refers to any natural person acting as a consumer within the meaning of French legislation and case law, accessing the hosting site and purchasing Products from the Sellers.

"Professional Buyer", "Professional Customer": refers to any company or any person acting on behalf of its company, capable of making its own decisions, purchasing the products that the company needs, accessing the hosting site and purchasing Products from a Seller.

"Buyer", "Buyers", "Customer", "Customers": refers to professionals and private consumers accessing the hosting site and purchasing Products from a Seller.

"Product", "Products": refers to any good that may be offered by the Sellers to the Client via the hosting site.

"Order": refers to any purchase of a Product by a Buyer from one or more Sellers through the hosting site.

"T&Cs" "General Terms and Conditions of Sale": define the contractual relations with consumer Customers or Professional Customers. They report on the commercial policy of the Sellers. Each Seller has agreed to harmonize their respective T&Cs to establish this page of the T&Cs.

"General Terms and Conditions of Use" or "T&Cs": refers to these contractual terms and conditions made available on the hosting site, in order to provide a framework for its use by any User.

"User": refers to any person who accesses and browses the hosting site.

"Sales Contract": refers to the contract between the Sellers and the Client governing the sale of a Product, consisting of the T&Cs.

"Customer Account" or "Personal Account" "Personal Space": refers to the interface hosted on the hosting site in which all the data provided by the Customer is grouped together and allowing him to manage his Orders, his returns, etc. Access to the Customer account is done through the Identifiers.

The Client Account is different depending on the category of Client: professional or individual. The professional will fill in mandatory data to clearly identify his company and his activity: in particular the SIRET number, NAF/APE code, VAT number, etc...

"Identifiers": refers to the Client's e-mail address and the password generated by the latter, which are necessary for access to the Client's Account on the Website.

"Offer": refers to the Commercial Offer relating to a Product, which a Seller publishes on the hosting site.

"Services": refers to all the services offered by the hosting site to Users.

"Product Sheet": refers to the description sheet of each Product marketed within the hosting site on the basis of the photographs, texts, illustrations, images and/or videos, etc. transmitted by each Seller.

"Shopping Cart": refers to the location where the User can add Products for an Order. It can be consulted at any time.

ARTICLE.3 – PURPOSE

The purpose of these General Terms and Conditions of Use concluded between the Operator and the User is to set out the contractual provisions relating to the respective rights and obligations in the context of the use of the hosting site and all the Services offered therein. 

The sale of products to Customers itself is governed by the Sales Agreement.

It is recalled that the Operator also acts as an intermediary and is in no way a reseller of the Products offered by the Third-Party Sellers within the hosting site.

 

ARTICLE.4 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE

Any use made for any reason whatsoever of the hosting site and the Services necessarily implies the unreserved acceptance, by the User, of these T&Cs.

Thus, the User undertakes to read these General Terms and Conditions of Use carefully when accessing the hosting site and is invited to download, print and keep a copy of them.

It is specified that these T&Cs are available at the bottom of each page of the hosting site and can therefore be consulted at any time.

 

ARTICLE.5 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE

The Operator reserves the right, at any time, to unilaterally refuse access to the site, without prior notification, to any User who does not comply with these T&Cs.

The User is informed that the T&Cs of the hosting site may be modified at any time, unilaterally by the hosting site in order to comply with any changes to its Services or any legal, jurisprudential, editorial and/or technical developments. The Operator undertakes to inform the User of changes made to the Services and/or the T&Cs by email or by any means made available to him.

The T&Cs applicable to each Order placed on the hosting site are those accessible online at the time of acceptance of the Order by the User and attached to the Order confirmation email received by the Buyer.


The User is reminded that it is his responsibility to consult the latest version of the T&Cs accessible at the bottom of each page of the hosting site before any new Order.

ARTICLE.6 – TECHNICAL SPECIFICATIONS

By using the hosting site, the User acknowledges that he or she has the means and skills necessary to use the features offered on the hosting site.

The equipment necessary for access to and use of the hosting site is the responsibility of the User, as well as any telecommunication costs that may be incurred by their use.

The User must have access to the internet. He is solely responsible for the proper functioning of his computer equipment and his access to the internet.

ARTICLE.7 – COMMUNICATIONS

When the User uses any service on the hosting site, communicates personal data (telephone number, e-mail, postal address, etc.) or sends e-mails, SMS or other communications from his fixed or mobile equipment, he communicates with the Operator. 

The Operator will communicate with the User by various means made available to him/her, such as by e-mail, SMS, postal mail, etc. or by posting e-mails or communications on the Website or through other possible services. The User accepts.

ARTICLE.8 – TERMS AND CONDITIONS OF ACCESS TO THE PLATFORM

8.1 GENERAL

The hosting site is accessible free of charge to any User at the following URL address: texime.com. The User must have access to the internet.

The purchase of Products from Sellers on the hosting site is a contract of sale. All orders must be made by payment.

To be able to purchase Products on the hosting site, the Buyer, as a natural person, must be at least 18 years old and have the capacity to contract.

The Sellers put their Products on sale on the hosting site and are intended for professional Customers and consumer Customers.

 

8.2 CREATION OF A PERSONAL ACCOUNT

In order to be able to purchase Products on the website, the Customer must create a personal account.

The creation of a Personal Account mainly allows Clients to:

·         Manage personal information (postal address, email address, password, etc.)

·         Create your profile

·         Placing an Order for Products on the Website

·         Obtain the details and information of your Order

The Client Account is created at any time.

The information requested and necessary allows the identification of the Buyer for the purposes of sending confirmation and processing of the Order, invoicing, reminders, follow-up of Order(s), quotes, return(s), etc.

This personal information is modifiable and can be consulted at any time by the Buyer.

The Buyer's personal account is secured, in particular through the creation of a strong and personal password chosen by the Buyer.  The unauthorized use of the Buyer's personal account by a third party who has had access to its username and password does not engage the liability of the Operator or the Third-Party Sellers and engages the negligence of the Buyer.

In their personal space, the Buyer can change their password at any time and the Buyer is strongly advised to change it regularly.

The Buyer's personal account may be terminated or suspended as a result of non-payment, partial or late payment (if excess), also as a result of any act or omission that may cause prejudice to the Operator and the Third-Party Sellers.

The Client undertakes to create only one Personal Account on the website. The Operator declines all responsibility for the harmful consequences that the use of multiple Personal Spaces may have for a single Customer.

The Client is fully responsible for the accuracy and updating of the data communicated in the context of the opening and management of his Personal Space.

Any loss, misappropriation, or unauthorized use of a Customer's Identifiers and their consequences are the sole responsibility of the User, who is required to notify the Operator, without delay, by email.

 

            8.2.1 PERSONAL CONSUMER ACCOUNT

To create their Personal Account, the Consumer Customer must fill in the mandatory fields mentioned with "*":

·         Valid email address

·         Strong, personal password that does not infringe the rights of third parties. He undertakes to keep his password confidential.

·         Name and surname

·         Mailing address

·         Phone Number

 

           8.2.2 PERSONAL BUSINESS ACCOUNT

To create their Personal Account, the Business Client must also fill in the required fields (*):

·         Company Name

·         SIRET number

·         Valid email address

·         Strong, personal, confidential password

·         Mailing address

·         Phone Number

 

The natural person who acts on behalf of his or her company can provide his or her first and last name, email address and telephone number as well as the position he or she holds in the company.

The Professional Client benefits from specific tariffs and conditions, unlike the Consumer Client.

 

8.3 REFUSAL OF ACCESS TO THE HOSTING SITE

Generally, when creating their Personal Account, the Client undertakes to enter the data that allows their identification under their full responsibility, control and direction and also undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party, nor to hide or change their age.

 

The Client also undertakes to:

·         Provide authentic, accurate and complete information about their identity, coordinated for both the legal entity and the natural person, address, and other data necessary for access to the hosting site, so as not to mislead the Operator and the Third-Party Sellers or any third parties 

·         Update any changes to this information

·         Not to access a Personal Account belonging to another Customer

·         Take all necessary measures and precautions to protect your Identifiers and your own data against any breach

·         Not to disclose or use their login details and Personal Account in a manner contrary to their intended purpose

The Operator reserves the right to suspend or refuse access, without notice or compensation, temporarily or permanently, to all or part of the website, and/or its Services and content in the event of serious and/or repeated breach(es) by the User, the Client of the provisions of these T&Cs, in particular, and without this list being exhaustive,  in the event of false, inaccurate, incomplete or outdated information, or in the event of payment fraud, attempted fraud or any other criminal offence.

8.4 AVAILABILITY OF THE WEBSITE

The Operator makes every effort to ensure the availability of the website. TEXIME does not guarantee that the website will function in any operating environment and that it will be usable at all times, without interruption or error, nor that all errors can be corrected. The availability of the website is subject to a simple obligation of means.

As the website is constantly evolving, it is subject to occasional changes and/or temporary or permanent interruptions without notice, in particular for maintenance reasons. TEXIME and the Third-Party Sellers cannot be held liable in any way in the event of the unavailability of the website due to these changes.

In this context, TEXIME reserves the right to interrupt, temporarily suspend or modify access to all or part of the website without notice, in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

ARTICLE.9 – ROLE OF THE HOSTING SITE

The hosting site consists of putting the Third-Party Sellers in contact with the Seller and the Customers with a view to the online sale of Products.

TEXIME allows itself and Third-Party Sellers to list and sell their Products on texime.com. This is stated on the respective Product detail sheet. TEXIME, as a hosting provider, facilitates transactions carried out on the website, TEXIME is neither the buyer nor the seller of the Products of the Third-Party Sellers. 

TEXIME also provides a meeting place and therefore serves as an intermediary in which Consumer Buyers – Professional Buyers and Third-Party Sellers complete and finalize their transactions. 

Accordingly, for the sale of these Third-Party Seller Products, a contract of sale is formed solely between the Consumer Buyer – the Professional Buyer and the Third-Party Seller. 

The hosting site acts in a neutral, clear and transparent manner.

No capital link or legal dependence with any of the Third-Party Sellers referenced on the hosting site influences the ranking or referencing of the Products.

ARTICLE.10 – THIRD-PARTY SELLERS

Third-Party Sellers are professional companies that offer their products for sale on the hosting site as part of their commercial or professional activities.

The Third-Party Seller is responsible for the sales of its Products, their prices, descriptions, deliveries, customer relationship and claims or any other issues arising out of or related to the sales contract between it and the Buyer.

 

ARTICLE.11 – RESPONSIBILITIES OF THE PARTIES

11.1 USER RESPONSIBILITIES

In the context of the use of the website, each User undertakes not to violate public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&Cs.

The User declares and acknowledges that all information, data, texts, messages or all other content that he or she communicates within the site are under his or her full and sole responsibility.

 

The User shall refrain from:

·         Disseminating information contrary to public order or morality

·         To misuse the purpose of the website and/or Services to commit crimes, offences or contraventions punishable by the Criminal Code or by any other law

·         To publish illegal information of a commercial, advertising, personal nature, etc

·         To publish information that contravenes the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their surname, postal and/or email address, telephone, photograph, sound or audiovisual recording, or to collect and store personal data relating to other Users, 

·         Fraudulently accessing the website and services, as indicated in the website's T&Cs

·         To transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality of the website

·         To provide information referring to other sites (whether by creating hypertext links or by simply providing information) whose content is likely to contravene any law or regulation in force, and in particular is likely to infringe the rights of persons and property and/or intellectual property rights.

·         To make threatening, insulting, defamatory, disrespectful remarks towards TEXIME and/or its employees and/or Third-Party Sellers 

·         To infringe the intellectual property rights of third parties and the website

 

The User undertakes to:

·         Behave fairly and lawfully towards the Operator and third parties

·         Be honest and sincere in the information provided to the Operator and on the website and, where applicable, to third parties

·         Use the website in accordance with its purpose and therefore not divert it

·         Respect the privacy of third parties and the confidentiality of exchanges

·         To respect the intellectual property rights of TEXIME relating to the elements of the hosting site and, where applicable, the intellectual property rights of third parties

·         Not to seek to infringe, within the meaning of Articles 323-1 et seq. of the Criminal Code, the automated data processing systems implemented on the website

·         Do not modify the information put online by the hosting site

·         Do not use the website to send unsolicited messages (advertising or otherwise)

·         Not to disseminate data that has the effect of diminishing, disrupting, slowing down or interrupting the normal operation of the website

 

In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1881 on the freedom of the press, the User undertakes not to disseminate any message or information:

·         Constituting wrongful disparagement against the hosting site, the Operator or the Users of the website

·         Contrary to public order and morality

·         Insulting, defamatory, racist, xenophobic, revisionist, etc., or damaging the honour or reputation of others

·         Incitement to discrimination, hatred of a person or group of persons on the basis of their origin or their membership or non-membership of a specific ethnic group, nation, race or religion

·         Threatening a person or group of people

·         Incitement to commit an offence, crime or act of terrorism or glorifying war crimes or crimes against humanity

·         Inciting suicide

·         Allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software or other tool allowing to infringe the rights of others and the safety of people and property

·         Commercial (prospecting, solicitation, etc.)

·         Illegal

The User undertakes, as soon as he/she is subject to tax obligations, to comply with all his/her tax obligations.

Any User who acts in fraud of these General Terms and Conditions of Use is liable to civil and criminal proceedings. Proceedings may be initiated by the hosting site against the User who does not comply with these provisions.

 

11.2 OPERATOR RESPONSIBILITIES

In its dealings with professionals, the Operator is not liable for losses that were not caused by fault on its part, or for commercial losses (including loss of profit, profit, contracts, expected savings, data, goodwill or superfluous expenses), or any indirect or consequential loss that was not foreseeable by the User and the Operator when the User started using the Website Service.

The Operator shall not be liable for any delays or the User's inability to comply with its obligations under these terms if the delay or impossibility results from a cause beyond the reasonable control of the website. This condition does not affect the Customer's legal right to receive the Products sent and the services provided within a reasonable time or to receive a refund if the products or services ordered cannot be delivered within a reasonable time due to a cause beyond the reasonable control of the Operator.

The laws of some countries do not allow for some of the limitations listed above.

Nothing in these terms is intended to limit or exclude the Operator's liability for fraud, death or personal injury caused by its negligence or gross negligence.

The Operator declines all liability in particular:

In the event of temporary impossibility to access the website for technical maintenance operations or updating of the information published. Users acknowledge that the hosting site cannot be held liable in the event of malfunctions or interruptions of the said transmission networks;

In the event of virus attacks, unlawful intrusion into an automated data processing system

In the event of abnormal use or unlawful exploitation of the website by a User or a third party

Regarding the content of third-party websites to which hypertext links on the website refer

In the event of non-compliance with these T&Cs attributable to Users;

In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in Article 12 of these T&Cs

In the event of an extraneous cause not attributable to the hosting site

In the event of unlawful action by a Third-Party Seller, or a breach of contract by a Third-Party Seller in connection with the sale of a Product

Any problems encountered during the execution of the Order by the Third Party Seller.

In the event of abnormal use or unlawful exploitation of the website, the User is then solely responsible for the damage caused to third parties and the consequences of any claims or actions that may arise therefrom.

Pursuant to Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, hereinafter the "LCEN", in its capacity as a hosting provider, the Operator cannot be held civilly liable for the activities or information stored within the hosting site if it is not effectively aware of their illegal nature or of facts and circumstances showing this nature or if,  from the moment it became aware of it, under the conditions provided for in the LCEN, it acted promptly to remove this data or make access to it impossible.

Consequently, the Operator cannot be held liable due to:

The Product Sheets of the Third-Party Sellers and, more broadly, all the content and/or information provided by the Third-Party Sellers, both on the characteristics of the Products, their condition or their price, etc., the Third-Party Sellers being solely responsible for the proper performance of their legal obligations to provide pre-contractual information to the Buyers as well as for the veracity,  the completeness and updating of the information and content it provides, except in the case of proven fault on the part of the Operator;

Reviews posted by Buyers following their Orders;

Advice given through the website by Third Party Sellers.

In addition, the Operator is not subject to a general obligation to monitor the information transmitted by Third-Party Sellers and stored within the website on their behalf.

Finally, it is recalled that the Products are marketed by the Sellers within the hosting site under their sole responsibility.

Consequently, the Operator cannot be held liable for any disputes related to Orders placed with Third-Party Sellers through the website, unless there is proven fault. 

ARTICLE 12 – MAJOR FORCE

The Operator and the Third-Party Sellers cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

Force majeure exists in contractual matters when an event beyond the control of the Operator and the Third-Party Sellers, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation.

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

As such, TEXIME and the Third-Party Sellers cannot be held liable, in particular in the event of an attack by hackers, the unavailability of equipment, supplies, spare parts, personal equipment or others; and interruption, suspension, reduction or disruption of electricity or other or any interruptions of electronic communications networks, etc., as well as in the event of the occurrence of any circumstance or event beyond the control of the hosting site occurring after the conclusion of the T&Cs and preventing performance under normal conditions.

It is specified that, in such a situation, the User cannot claim the payment of any compensation and cannot take any action against the hosting site and the Third-Party Sellers.

In the event of the occurrence of any of the above-mentioned events, TEXIME and the Third-Party Sellers will endeavour to inform the User as soon as possible.

 

ARTICLE 13 – PROTECTION OF PERSONAL DATA

13.1 PROCESSING – HOSTING SITE

As part of the operation of the website, the hosting site and its Operator may collect personal data.

TEXIME reserves the right to collect data on the user of the website and any Buyer, in particular through the use of cookies. Cookies are small text files recorded by the browser of your device (computer, tablet or smartphone, etc.) that allow user data to be stored in order to facilitate navigation and enable certain functionalities. The hosting site recommends accepting its use to fully enjoy your browsing.

The website may contain outgoing hypertext links, however the web pages to which these links lead do not engage the responsibility of the Operator, who does not have control over these links.

The User therefore refrains from engaging the site's responsibility for the content and resources relating to these outgoing hypertext links.

The processing of personal data by the hosting site complies with the provisions of the French Data Protection Act of 6 January 1978 in its current version, and complies with the recommendations of the Commission Nationale de l'Informatique et des Libertés concerning the duration of data retention and archiving.

The information requested on the website is necessary for the creation of a personal account necessary for the act of purchase.

However, browsing the website is in no way conditional on the creation of the said personal account.

The Operator and its Third Party Vendors take care of your personal data and are committed to ensuring its confidentiality and security.

All data is collected for a specific purpose, which is called purposes and is necessary for the management and monitoring of the website and the relationship with any User and Buyer.

In accordance with the law of 6 January 1978 relating to information technology, files and freedoms, you have the right to access, modify, rectify and delete data concerning you. We offer you the possibility to exercise these rights by contacting us at the address indicated on the site.

For more information on how the hosting site processes and collects your personal data as well as their purposes, etc., please refer to our privacy policy available here [PUT PAGE LINK]. 

By accepting these Terms and Conditions of Use, browsing and using the Website, making purchases and interacting with the Website, you are aware of these Terms and Conditions of Sale and Use, the Cookies Policy, the Legal Notice and the Privacy Policy. 

13.2 PROCESSING – THIRD-PARTY VENDORS

The Third-Party Seller is required to collect and process the personal data of the Website Customers for the sale and delivery of the Products sold, the management of the relationship with the Customers, etc. As such, the Third-Party Seller guarantees the Operator that it processes this data in compliance with the rights and obligations arising from the law of 6 January 1978 relating to information technology, files and freedoms and the GDPR. 

ARTICLE 14 – INTELLECTUAL PROPERTY

All content present or made available through the website, such as texts, graphics, logos, buttons, images, music tracks, digital downloads, and data compilations, etc., is the property of the hosting site and is protected by French and international intellectual property law,  and database protection. The compilation of all content present or made available through the website is the exclusive property of the hosting site and is protected by French and international intellectual property law and database protection.

Any User must not systematically extract and/or reuse parts of the content of the entire website without the express written authorisation of the hosting site. Any User must not use a data extraction robot, or any other similar data collection or extraction tool to extract, in one or more times, to reuse a substantial part of any service of the website, without the express written consent of the hosting site. Any User must also not create and/or publish his or her own databases that would include substantial parts of a service of the website without the express written consent of the hosting site.

 

ARTICLE.15 – APPLICABLE LAW AND DISPUTE RESOLUTION

It is specified that any dispute arising between a Client and a Third-Party Seller must be treated as a priority between them, the Third-Party Seller remaining solely responsible for the execution of the Product sale made and the customer relationship via the hosting site.

Disputes concerning the hosting site itself must be handled between the User and the Operator.

These General Terms and Conditions of Use as well as the relationship between the User and the hosting site are governed by French law.

In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

In the event of a dispute arising between the hosting site and the User regarding the interpretation, execution or termination of these Terms and Conditions, the Parties will endeavour to settle it amicably.

If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement when any dispute relating to this contract arises, including relating to its validity.

Pursuant to Article L. 616-1 of the Consumer Code, the hosting site provides the Consumer Client with the contact details of the consumer mediator to which it reports. The User may thus contact:

 

·         FEVAD, French Federation of E-commerce and Distance Selling https://www.mediateurfevad.fr/index.php/la-mediation/#mediateur-fevad 

mediateurduecommerce@fevad.com

https://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-9

Médiateur de la consommation FEVAD BP 20015 – 75362 PARIS CEDEX 8

The European Commission provides consumers in the European Union with an online dispute resolution platform. Consumers can make a complaint here: http://ec.europa.eu/consumers/odr/

The party wishing to implement the mediation process must inform the other party in advance by registered letter with acknowledgement of receipt, indicating the elements of the dispute.

As mediation is not mandatory, the Consumer User or the hosting site may withdraw from the process at any time.

In the event that mediation fails or is not envisaged, the dispute that may have given rise to mediation will be assigned to the competent court.

The fact that any clause of the General Terms and Conditions of Use becomes null, unenforceable, null and void, illegal or unenforceable due to a law, a regulation or following a court decision, cannot call into question the validity, legality or applicability of the other provisions of the T&Cs and will not exempt the User from the performance of his contractual obligations that are not invalidated.