KIWIIZ: General Conditions of Sale and Use

Glossary

SERVICE: anything that designates the website kiwiiz.fr, kiwiiz.com and any public communication service that depends on it.

USER: any natural or legal person who registers on the Site www.kiwiiz.fr and/or implements the SERVICES offered by the COMPANY.

COMPANY: SAS Coalize with capital of €205,000 registered under number 978 427 995 00011 whose head office is located at 35 BD du Port 95000 CERGY.

INDIVIDUAL: any natural person or self-employed person.

ANNOUNCEMENT: essential characteristics of the supply or demand for goods or services and, where applicable, the evaluation of the price. Whether in the context of the publication of an offer or a request or whether in response to the publication of another USER.

CONTENT: all information, data, texts, photographs, images, or any other information.

ADVERTISER: any natural or legal person whose set of product and/or service advertisements are distributed by the SERVICE.

1. Purpose of these conditions

The general conditions of use of the SERVICES describe the CONTENT available throughout the SERVICE published by the COMPANY, as well as the rights and obligations of its respective USERS.
Unless expressly provided otherwise, any new feature that modifies one or more existing SERVICES or any new SERVICE launched by the COMPANY will be subject to these conditions.

2. Acceptance of the terms of service

Being a USER implies irrevocable and definitive acceptance of the entirety of the General Conditions of Use and any Special Conditions on the part of each USER.
The commitment will only be deemed concluded upon registration. A durable copy of the general conditions may be sent by email to the USER in the event of their change.
Any breach of these rules may result in the closure of the account and the banning of access to all or part of the SERVICE.
These conditions will prevail over any other general or specific conditions not expressly approved by the COMPANY.
The COMPANY reserves the right to modify its conditions at any time.

3. Description of service

The SERVICE offers to host, store and make accessible, from websites or mobile applications: the publication of one or more ADS as an INDIVIDUAL.
The SERVICE thus allows the connection of USERS offering their objects or services with USERS wishing to benefit from them. USERS are the sole decision-makers regarding the rental, purchase or sale of goods and services.

4. Prerequisites for using the services

The SERVICE is open to all and intended for the general public. However, any USER who wishes to register and access the SERVICE must be at least 18 years old, or authorized to do so by their legal representatives if they are a minor, and must have full legal capacity to contract and offer or benefit from the services in question.
The USER who wishes to use one of the SERVICES offered by the COMPANY must complete the online registration form. The COMPANY reserves the right to cancel the registration in the event of defect and/or inaccuracy of any necessary information and cannot be held responsible for the impossibility in which it may be impossible to honor the registration. The COMPANY reserves the right to cancel any registration of a USER with whom there is a dispute relating to the use of the SERVICE or a previous registration.
When transmitting personal data, the legal representative must complete any form himself or expressly authorize the person he represents to do so. A USER's contact information is not publicly displayed on the SERVICE. On the other hand, as part of the connection, once the reservation request has been made and the amount of the transaction determined, the contact details of the USERS are then reciprocally communicated to both, which the USERS expressly accept.

5. User Engagements

Any USER of the SERVICE undertakes, upon registration or any other request for information necessary for the proper functioning of the SERVICE:

To provide real, accurate, up-to-date and complete information;
To maintain and regularly update your information in order to keep it real, accurate, up-to-date and complete.

In the event that the information provided is false, inaccurate, outdated or incomplete, the COMPANY would be entitled to close the account and immediately and for the future refuse access to all or part of the SERVICE.

The USER is solely responsible for maintaining the confidential nature of his password and for any actions that may be carried out under the identification of the account and/or with the password. Registration implies in particular the obligation to provide an email address which will be used as a means of communication between the USER and the SERVICE. Any message sent by the SERVICE to a USER is deemed to have been received by the USER who is thus deemed to have fully read it.

The USER undertakes:

to immediately inform the SERVICE by email of any theft or loss of his password, any unauthorized use of the account and/or password and any security breach of which he becomes aware. The SERVICE will then replace the password. Reporting loss or theft could result in the outright destruction of stored information and files, without any right to compensation.
to ensure that he logs out at the end of each session.
not to share, communicate or transfer the password to any other person. Each profile and its evaluations or comments are strictly personal, and individual to the USERS.
not to create or use accounts other than the one initially created, whether under your own identity or that of third parties.

Failure to comply with these obligations may result in the immediate closure of the USER's account and all associated services. The COMPANY cannot be held responsible for any loss or damage occurring in this case.

6. Limitations on use of the service

The USER undertakes to use the information concerning the SERVICES mentioned only for its own needs and for the sole purposes referred to in this commitment, as well as not to develop or market the service which is the subject of this contract or services likely to compete with it.
Any reproduction, representation, publication, transmission, use or modification, extraction, of all or part of the elements and in any manner whatsoever, made without the prior written authorization of the COMPANY is illicit. These illegal acts engage the responsibility of their authors and are likely to result in legal proceedings against them, particularly for counterfeiting.
The USER also acknowledges that he must exercise discretion, and bear all related risks, in the use made of the CONTENT and in particular when he relies on the appropriateness, usefulness or completeness of this CONTENT.
Each USER is warned that the CONTENT, whether made known to the public or transmitted privately, is subject to the sole responsibility of the account holder identified as having produced or issued this CONTENT.
The USER undertakes not to use the SERVICE, in any way whatsoever, to propose offers or requests, communicate content contrary to good morals or unauthorized under legislative, regulatory or contractual provisions, or infringing the rights of third parties such as, without this list being exhaustive:

hold, offer or solicit counterfeits within the meaning of the intellectual property code, transmit comments intended to encourage, assist, peddle or propagate in any way rumors and/or violating the private nature of correspondence and therefore, infringing the rights of third parties, intellectual property, private life, image rights;
constitute non-compliance with provisions concerning the concealment of any illegal activity (theft, fraud, breach of trust), the illegal exercise of a regulated activity or subject to authorization of any kind, or which would be offered in violation of selective or exclusive distribution networks. It is particularly emphasized that the use of the SERVICE must in no case lead them to exceed, violate, infringe or undermine in any way and for any reason whatsoever the legal rules applicable to offers and requests for employment subject to the provisions of the labor code relating to provision contracts and temporary employment companies, or even the legislation on personal services...
carry out an activity other than occasional, within the framework of the direct needs and possibilities of the members of the network, and not maintain a regular and intensive activity, likely to constitute an illicit practice, such as a concealed activity, tax evasion, the illegal exercise of a regulated profession, the offense of illicit loan of labor or bargaining...;
transmit by any means any content that is discourteous, inappropriate, illegal, harmful, threatening, abusive, constitutive of harassment, defamatory, insulting, vulgar, obscene, threatening, hateful, racist, invasive of the privacy of others or otherwise objectionable;
transmit by any means any content which could constitute, without the following being limiting, incitement to the commission of crimes and offenses; inciting discrimination, hatred of a person or a group of people in particular because of their origin, whether or not they belong to a specific ethnic group, nation, race or religion or promoting war crimes or crimes against humanity, contrary to public order or good morals; incitement to mistreatment and/or attacks on individuals or animals; false information or lies; an attack on the authority of justice or institutions; information relating to adoption, pending trial, suicide or an individual tax situation; comments inciting suicide or violent actions against the USER himself or others; or even an act endangering people, in particular through the manufacture, transport and dissemination of messages of a violent or pornographic nature or of a nature to seriously harm human dignity...;
forge headers or otherwise manipulate the identifier in order to disguise the origin of the CONTENT transmitted via the SERVICE;
download, display, transmit by any means any CONTENT that violates any patent, registered trademark, manufacturing secret, intellectual property right or any other property right belonging to others, such as image rights;
download, display, transmit by any means any advertising or tany unsolicited or unauthorized promotional material (including engaging in "spam", transmission of "junk mail", chain letters or any other form of solicitation);
commit acts that may jeopardize the computer security of the SERVICE or other USERS such as hindering or disrupting the SERVICE, servers, connected networks, recording or transmitting files and data containing viruses or programs intended to overwrite data in memory or any other contaminating function or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the SERVICE;
violate, intentionally or unintentionally, any national or international law or regulation in force and any other rules having the force of law;
access third-party accounts and not access parts of the SERVICE to which access is reserved;
harass in any way another USER or USERS;
collect and store personal data relating to other USERS.

The USER is warned that carrying out remunerated transactions on a regular basis is likely to constitute a professional activity and in particular result in the application of Consumer law, compulsory affiliation to a social security system, payment of the business property tax and social security contributions. If applicable, the USER registers with the Business Formalities Center and the competent organizations.
In the event of doubt about their status, the USER undertakes to seek legal advice in order to ensure full compliance with the tax and social obligations in force. The COMPANY cannot be held liable due to non-compliance with these by the USER.

7. Content control

The USER is warned that the SERVICE is not required to examine the CONTENT before their distribution and, consequently, does not guarantee the timeliness, probity or quality of the CONTENT.
However, the COMPANY or any person or entity designated by the latter, reserves the right, in its sole discretion (without this constituting an obligation), to refuse or move any CONTENT available via the SERVICE.
Furthermore, COMPANY, or any person or entity designated by COMPANY, shall have the right to delete or remove any CONTENT that violates the terms hereof or is otherwise objectionable.
In addition, the COMPANY reserves the right to refuse to process CONTENT that appears to it to violate the terms hereof or to be objectionable in any other way.
Finally, the USER acknowledges and accepts that if the COMPANY protects the CONTENT against fraudulent access, the COMPANY may nevertheless be required to disclose it, to comply with the laws in force or if, in good faith, the COMPANY believes that such a measure is necessary:

as part of legal proceedings;
to enforce the Conditions of Use of the SERVICE;
to respond to complaints alleging violation of third party rights;
to protect the rights or interests of the COMPANY, its USERS or the public.

The COMPANY cannot be held responsible in the event of a conflict or dispute relating to the CONTENT of the information communicated by USERS on the SERVICE (texts, images, photographs, logos, etc.) as long as the SERVICE, which is only the host of the advertisements published by its USERS or ADVERTISERS, is not notified, under the conditions provided for by law, of the manifestly illicit or illegal nature of the CONTENT present on the SERVICE. This being specified, the SERVICE invites USERS to inform it of any possible abuse observed on the SERVICE. Please note that such a report is only indicative and does not affect the COMPANY in any way, in particular regarding the removal of allegedly abusive or illegal CONTENT. Indeed, any notification of illegal or copyright-protected content to the COMPANY must be made by registered mail with acknowledgment of receipt to the COMPANY's address and indicate the following information:

the date of the notification;
if the notifier is a natural person: their last name, first names, profession, domicile, nationality, date and place of birth;
if the notifier is a legal entity: its form, its name, its registered office and the body which legally represents it;
the name and address of the recipient or, if it is a legal entity, its name and registered office;
the description of the disputed facts and their precise location (with a copy of the precise URL address of the content);
the reasons why the content must be removed, including mention of legal provisions and factual justifications;
a copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted.

It is recalled that the fact, for any person, of presenting CONTENT or an activity as illicit with the aim of obtaining its withdrawal or stopping its distribution, when he or she knows this information to be inaccurate, is likely to be subject to sanctions in accordance with the legislation in force.

8. Limitation of liability

8.1 COMPANY Liability

The COMPANY is not a rental company or a temp agency, nor a dating site, nor a modeling agency nor a consulting company.
Indeed, the COMPANY hosts via its SERVICE only ADS posted online by USERS (texts, images, etc.) or by ADVERTISERS and is only an electronic platform made available to its USERS and ADVERTISERS, with a view to putting them in contact.
The COMPANY does not in any case exercise any control over the quality, security or legality of ADS, the veracity or accuracy of ADS posted online, the ability of USERS to propose transactions nor the ability to benefit from or pay for these transactions. The COMPANY cannot ensure that a USER will actually conclude a transaction. Any security deposit or deposit requested, in whatever form, remains the exclusive responsibility of the USER requesting it. The COMPANY does not under any circumstances take responsibility for such a security deposit in any form whatsoever, nor for checking the exact identity of the owner or tenant.
As the COMPANY does not intervene in transactions between USERS, members release the COMPANY from all liability (as well as its parent company, any subsidiaries and group companies, corporate officers, directors, agents and employees) in the event of a dispute, claim, or any present or future damage, presumed or not, observed or not, resulting directly or indirectly from the use of the COMPANY'S SERVICES.
The COMPANY gives no guarantee relating to the operation or to the hardware and software used whether on the hosted sites, servers or any Internet access and is in no way responsible for the benefits expected or not, real or not resulting from the use of the SERVICE.
The COMPANY cannot under any circumstances be held responsible for direct, incidental, indirect material or immaterial damage, following the use of the SERVICE, even if the parties have been informed of the possibility of such damage and in particular loss or alteration of data, any loss of profit, turnover, time, opportunity or any other indirect damage, whether said loss or damage results from negligence or any other cause.
The USER agrees to defend and indemnify the COMPANY (including attorneys' fees), and any corporate officers, directors, directors, employees, owners, representatives, against any demand or claim made by any third party, caused or resulting from a breach or any other liability due to its breach of any of its representations, warranties or obligations under these conditions or a violation of any law or regulation or right of such third parties, including and without limitation, claims or legal claims such as: violation of intellectual property rights, slander or other defamation, right to privacy, falsehood or deception, etc.

8.2 Responsibility of USERS

The USER is solely responsible for the proper execution of the obligation to inform of the essential characteristics of the ADVERTISEMENT and, where applicable, for the evaluation of the price. He is solely responsible for the description of the ADVERTISEMENT. It guarantees the COMPANY against any claim relating to the CONTENT and the form of said description.
The USER undertakes to carry out all validations, verifications and provide all necessary details so that the description and elements of the offer are accurate and do not mislead the beneficiary. In the event of an error in the description, in the elements of the offer and/or in the evaluation of the price, the USER will be solely responsible for any additional costs and no claim on his part will be admissible in this respect either from the beneficiary or from the COMPANY.
The USER is prohibited, following entering into a relationship, from relying in bad faith on any subsequent modification of his profile to obtain any advantage or escape his obligations.

The USER who offers a good or service is solely responsible for the proper execution of the obligation to provide or deliver the object of the offer.
This USER can freely withdraw as long as the proposal has not been accepted by the 2 USERS requesting a transaction.
If the transaction price has been paid online by the beneficiary USER on the SERVICE, the beneficiary USER is reimbursed for the transaction price blocked by the COMPANY.
When a transaction is confirmed (offer accepted), it is not possible to modify it. To modify a transaction, it is therefore necessary, if both parties agree, to cancel the transaction and then carry out a new one with the USER concerned.

When USERS freely agree, based on the ADS they have published on the SERVICE, on the provision of a good or service, a contract is formed between them to which the COMPANY is in no way a party.
The non-execution or poor execution of this contract between USERS is not the responsibility of the COMPANY, but that of the USER who has not respected the obligations arising from the agreement entered into with his co-contractor.
The COMPANY plays no role other than that of an intermediary for posting ADVERTISINGS online and, as a result, is neither a recruiter, nor an employer, nor a temp agency or temporary employment company, exercises any relationship of subordination with regard to USERS, is in no way mandated by USERS to seek out third parties capable of carrying out or requesting service transactions, nor party to the contract between USERS.
USERS of the SERVICE declare to exonerate the COMPANY from any liability:

relevant to the responses or lack of response obtained following the publication of an ad or profile;
linked to the selection or non-selection of a specific advertisement;
relevant to the smooth running or result of the execution of an offer (for example the fact that a USER does not show up, the quality of service, the service time, etc.);
linked to the control of the quality and progress of the execution of the offer;
or more broadly in the event of conflict or litigation arising between USERS.

USERS are solely responsible for direct or indirect, material or immaterial damage and harm caused to each other, to the COMPANY and/or to any third party and undertake in particular to compensate the COMPANY in the event of a request, claim and/or conviction for damages of which the COMPANY could be threatened or be subject to and/or which could be pronounced against the latter, including reasonable attorneys' fees that the COMPANY may have incurred. to be exposed, since these requests, complaints and/or convictions have the cause, basis or origin of the information communicated by the USERS on the SERVICE or the realization of offers in application of information communicated by the USERS on the SERVICE.

9. Content integrity and confidentiality

The USER acknowledges being fully informed and expressly accepts that the transmission of CONTENT is not protected or encrypted. The COMPANY may apply general rules and limits to the use of the SERVICE, and in particular, without this list being exhaustive, set a maximum memory space which will be allocated on the COMPANY's servers where the CONTENT will be hosted and set a maximum to the number of times the USER can access a SERVICE during a given period (as well as the maximum duration of each access).
COMPANY reserves the right to instantly take all or part of a USER's data offline if it jeopardizes the stability of the server on which USER files are stored, particularly in the event of excessive use of resources. The COMPANY reserves the right to make spelling, grammatical and syntactic modifications to any CONTENT published on the SERVICE without changing the nature of the CONTENT. The COMPANY is not required to notify USERS of these modifications. In addition, the COMPANY reserves the right to temporarily interrupt accessibility to its SERVICES for reasons of maintenance and/or improvement without right to compensation. The USER is also informed that the COMPANY will be free to delete any account that remains unused.
The COMPANY provides no guarantee of proper functioning, durability, good availability, continuity, backup and availability of the CONTENTS transferred to the SERVICE. The COMPANY is exempt from any obligation to correct design defects in the SERVICE, even if these may have resulted in loss of information detrimental to the USER. Due to the characteristics and limitations of the Internet, which the USER declares to be aware of, the COMPANY cannot in any way be held responsible:

Access speeds from other services in the world, slowdowns, or difficulties accessing USER data;
Non-delivery of emails, due to the same limitations and characteristics of the Internet;
In the event of alteration of information or data during transfer by any means of telecommunications or by any other means;
Virus contamination of the USER's data and/or software, the protection of which is the responsibility of the latter;
Malicious intrusions by third parties into the USER's space or hacking of data, despite reasonable security measures in place;
In the event of damage resulting from the loss, alteration or any fraudulent use of data, the accidental transmission of viruses or other harmful elements, the attitude or behavior of a third party, the failure to conclude an operation;
Malicious intrusions by third parties into the USER's space or hacking of the USER's data, despite reasonable security measures in place
Damage that could be suffered by the equipment connected to the server center, this being the entire responsibility of the USER, any damage, direct or indirect, material or immaterial resulting in particular from the consultation and/or use of the SERVICE and in particular from any financial or commercial damage, loss of programs or data in their information system;
Possible misappropriation of passwords, confidential codes, and more generally any information of a sensitive nature for the USER;
The loss of USER data. The SERVICE is an online service for displaying and sharing information and establishing relationships, but does not constitute an archiving or backup platform. This being said, the COMPANY makes every effort to ensure that the system operates in the best possible conditions; the USER undertakes to make and keep a prior copy of the CONTENT before transmitting them to the COMPANY.

As a result of the above, the COMPANY declines all responsibility for indirect losses, loss of profit, loss of profit, loss or alteration of data, due to navigation on the Site or the use of its functionalities and does not guarantee that its platform is permanently accessible and functional.

10. Engagements between users

The commitment is concluded between USERS from payment of the transaction by the beneficiary USER or its acceptance. In the case of a transaction with online payment, the transaction is concluded when the entire price of the transaction is paid by the beneficiary USER; payment of the price by the beneficiary USER constitutes acceptance of said offer. The amount of the price is held in an online account pending the proper execution of the purpose of the offer. The release of the transaction price and its payment into an online account of the USER who proposed the offer will be effective when the beneficiary USER has confirmed the proper execution of the purpose of the offer. The USER who proposed the offer accepts in advance that the release of the transaction price and its payment may be delayed, for reasons relating in particular to banking constraints. In all other cases, the transaction is concluded when the beneficiary communicates to the USER who offers a good or service his acceptance of the offer.
The beneficiary acknowledges that his acceptance of the offer is made in consideration of the description of the offer and that it constitutes a firm commitment to contract with the USER who proposed the offer under the conditions thereof.
As the COMPANY is in no way a party to the transactions carried out, USERS are solely liable for all taxes resulting from the use of the SERVICE and which they undertake to pay. The COMPANY therefore disclaims all liability on this point.

11. Data and user contributions

The USER undertakes to transfer for the benefit of the COMPANY, free of charge, and non-exclusively, all intellectual property rights relating to the various contributions to the COMPANY. This transfer concerns the entire world, for the entire duration of legal protection of intellectual property rights. The rights assigned include:

for the right of reproduction: the right to reproduce, have reproduced or authorize a third party to reproduce, without limitation of number, all or part of the USER'S contributions, on any known or unknown medium, in particular paper, optical, digital or any other computer or electronic medium;
for the right of representation: the right to represent/broadcast, to have represented/broadcast or to authorize a third party to represent/broadcast all or part of the USER'S contributions by any known or unknown means and/or medium, electronic, digital, computerized, telecommunications, to any public and for any telecommunications network;
for the right of distribution: the right to use, personally or for the benefit of third parties, all or part of the USER'S contributions, for the purposes of carrying out any form of processing, for any reason whatsoever.

All of the above rights include, in particular, means of communication and media of any kind, known or unknown, in any form. The rights assigned under this article are themselves assignable to third parties by the COMPANY, which the USER acknowledges accepting. The USER also agrees to be contacted by telephone with a number which may be subject to a surcharge when a secure payment solution is not offered.

In accordance with Law No. 7817 of January 6, 1978, known as the Data Protection and Liberties Law, you have the right to oppose, access, modify, rectify and delete all personal data brought to the attention of the COMPANY when using the SERVICES. This right can be exercised by mail to the COMPANY.
The database of this information has been declared to the C.N.I.L under number 1527631 in the name of KIWIIZ. We undertake not to sell or communicate to third parties the email addresses in our possession without the prior consent of the interested parties.

12. Termination of these conditions

The COMPANY will not be held responsible for any delay or non-performance, when the cause of the delay or non-performance is due to the occurrence of a case of force majeure such as, in addition to those usually recognized by case law, blocking of telecommunications, blocking of the Internet, breakdown of equipment broadcasting the SERVICE, fire, water damage, blocking of means of transport or supply, total or partial strike.
Each party must inform the other as soon as possible in the event of the occurrence of a force majeure event preventing it from performing all or part of its obligations. The event of force majeure suspends the obligations arising from these conditions for the entire duration of its existence. However, if the case of force majeure lasted for more than one (1) consecutive month, it would give rise to the right to automatic termination of these conditions by either party eight (8) days after notification by any means of this decision.

13. Duration and completeness

These conditions apply for the entire duration of the SERVICES being put online. The COMPANY reserves the right to modify these general conditions at its discretion.
In the event that the USER does not accept these conditions, he will be free to terminate his account on the SERVICE, this termination taking effect within a maximum period of 48 hours. In the absence of termination, the new general conditions will therefore be applicable from their date of posting online, the USER agreeing to accept the new general conditions to connect to the SERVICE.
In the event that one or more articles appearing in the General Conditions are considered invalid, valid, illegal, unenforceable or inapplicable or declared as such in application of a law, a regulation or following a legal decision which has become final in a competent court, the other articles of the said General Conditions will remain in force and retain all their force and scope. The titles of the articles are only indicative.
In the event of failure to comply with one of the obligations of these conditions, use of the SERVICE may be terminated. This closure of an account cannot give rise to any compensation, regardless of any possible damage caused by the closure of this account. The member account is personal and non-transferable. The temporary or permanent closure of a member account prevents any use of the SERVICES.
The USER accepts that the rights and obligations arising from these Conditions as well as all the documents incorporated therein by reference may freely and automatically be assigned by the COMPANY to a third party in the event of a merger, acquisition or other event.

14. Proof of transactions

Acceptance of the General Conditions electronically has, between the parties, the same probative value as the agreement on paper. Computerized records, kept in the COMPANY's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.

15. Independence of the parties

The COMPANY and the USERS are independent parties, each acting in its own name and on its own behalf. These Conditions therefore do not create any relationship of subordination, agency, mandate, joint venture, joint venture, employer/employee or franchiser relationship between the COMPANY on the one hand and the USER on the other hand.

16. Applicable laws and jurisdiction

These General Conditions are governed and interpreted in accordance with French law. This is the case for the substantive rules and the formal rules.
USER'S country and/or the country of the member with whom it deals may have laws applicable to their dealings with other USERS independent of any agreements made with COMPANY hereunder or with USER subsequently.
The laws of these countries may differ from the laws applicable to these Terms and Conditions, including laws regarding items that may be legally offered for rental or rented. There may be additional legal obligations such as (for example) the obligation to hold an authorization to make an offer of goods or services or to benefit from such an offer. USERS and members are required to comply at all times with all national and international laws and regulations applicable to the use of the SERVICE and the offers.
All disputes which could arise between a USER and the COMPANY during the interpretation and/or execution of these conditions will be subject, in the absence of an amicable agreement, to the exclusive jurisdiction of the courts according to the legal rules of attribution of jurisdiction in force, that is to say the place of the USER's domicile for a non-professional or the courts within the jurisdiction of the COMPANY's headquarters (Pontoise court) for a PROFESSIONAL USER.
As for disputes which could arise between USERS during the interpretation and/or execution of these conditions in the context of the execution of a transaction between them will be subject, in the absence of amicable agreement, to the exclusive jurisdiction of the courts according to the legal rules of attribution of jurisdiction in force, that is to say the place of domicile of the beneficiary USER or the place of execution of the transaction.
In accordance with article L. 111-1 of the Consumer Code, the USER is informed that he has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between him and the COMPANY.
In cases where a USER intends to offer goods and services as a professional (Self-entrepreneur), the USER must present himself as such to the USER in the context of a transaction, in particular by specifying his SIRET number, his company name and his professional address. The professional must, moreover, be particularly vigilant in respecting the regulations in force and the guarantees granted to USERS who will be qualified as consumers. The professional must also have the necessary authorizations to carry out his services. Under no circumstances will the COMPANY be held responsible for any breach, contractual non-compliance or non-compliance with legislation on the part of the professional. Please note that the professional must comply with the consumer code.

17. Transferability

COMPANY is authorized, in its sole discretion and without notice, to assign this Agreement or any of its rights hereunder to its affiliates.

Menu

Help & support

GENERAL CONDITIONS OF SALE AND USE (CGVU)