Epsilonn 72 rue de la Haie Coq 93300 Aubervilliers France Société à responsabilité limitée de droit français au capital de 10000 euros, Numéro d'identification : 491147799R.C.S. Paris, Numéro de TVA : FR23491147799
Hébergement : 1 & 1 Internet Siège social : 7, place de la Gare - 57200 SARREGUEMINES.
The services offered by the company Epsilonn (the "Company") aim at setting up a sales platform intended to connect Sellers with Customers through a website about fashion related products (“products ").
These General Terms and Conditions are concluded between the Company and any Customer wishing to make a purchase of Product through the Company's sales platform (hereinafter referred to as "the Parties").
By accessing or using one or more of our Services, the Customer agrees to be bound by these terms and conditions (the "Terms and Conditions") and in the event of payment via the Services to which the Customer subscribes as a user. The use of the Services is expressly dependent on the acceptance of all conditions of the General Terms and Conditions. Any Customer may take notice at any time of the Terms and Conditions. The Terms and Conditions may be subject to change under the conditions described in Article 17, the conditions applicable are those in effect on the Website at the date of placing your order.
For the purposes of these General Conditions, the singular implies the plural and conversely, the following definitions apply to the terms used with a capital letter:
Anomaly: refers to any malfunction leading to performance degradation or nonconformity of the Services.
Client: means the contracting partner of the Company, trading or exercising an independent professional activity, justifying the existence of his business and / or professional status by producing an extract Kbis, an extract from the register of professions less than 3 months old or any other document justifying their professional activity valid, residing in a member state of the European Union or in a state party to the European Economic Area and acting within the framework of its activity professional and usual professional regularly declared as such to tax and social organizations. All of these conditions must be fulfilled throughout the contractual relationship with the Company.
Business Day: means a weekday worked from Monday to Friday.
Services: means the provision of all platforms to the Customer by the Company, including a network of websites including the Website and all pages, contents, functions, software, video players and related and related tools offered by the Company and on which the Customer may purchase the Products.
3. DECLARATIONS AND GUARANTEES GIVEN BY THE CUSTOMER
Customer warrants, declares and agrees not to use the Services in a manner that:
(i) would constitute an infringement or a violation of any intellectual property rights or exclusive rights or rights to publicity or confidentiality, or any other rights of any third party;
(ii) constitute an offense against any law, decree, rule, ordinance or regulation;
(iii) constitute an offense against any other contract or obligation that the Customer may have towards any third party;
(iv) is prejudicial, fraudulent, deceptive, threatening, abusive, harassing, harmful, defamatory, vulgar, obscene, aggressive or otherwise offensive;
(v) misrepresent the source or identity of any content;
(vi) involve commercial activities and / or sales without the prior written consent of the Company, for example in the context of contests, sweepstakes, exchanges, advertising or pyramid schemes;
(vii) download, install, build or integrate malware, viruses, worms, Trojan horses or other harmful content or codes;
(viii) impersonate or falsely identify any affiliation with any person or entity, including, without limitation, any employee or representative of the Company.
4. RESTRICTIONS AND ACTIVITIES PROHIBITED
The Client agrees in a general way to, in the context of the use of the Services:
(i) not engage in any fraudulent, abusive or otherwise illegal activity;
(ii) not to publish, transmit, cause the publication or transmission of any communication or solicitation designed or intended to obtain information about passwords, an account or private information from any Client of the Company;
(iii) not to use the Services for the purpose of violating the security of any computer network, obtaining passwords or security encryption codes, transferring or storing illegal items, including those deemed to be threatening or obscene;
(iv) not running a Maillist-type program, Listserv, any form of automatic response program or "spam" on the Services or any process running or activated while you are not connected to the Services or otherwise interfere with proper operation or impose an unreasonable burden on the infrastructure of the Services;
(v) not use any manual or automated software, peripherals or other processes to "infest" or "disseminate" any page or content of the Services;
(vi) not decompile or reverse engineer or otherwise attempt to obtain the source code of the Services;
(vii) not to delete, obscure and modify any notice or link (eg link to the Terms and Conditions) on the Services or in any function or tool or other service;
(viii) not access, post, distribute, or otherwise exploit any comment via any technology or means other than the video playback pages of the Services or the video player.
Failure by the Customer to comply with the rules set out above may result in the termination of the right to access or use the Services.
The Company will cooperate fully with any law enforcement and / or agency in the investigation of any person (s) in breach of the terms of these Terms and Conditions.
5. OTHER CUSTOMER OBLIGATIONS
The Customer is responsible for his activity in relation to the Services. It falls to him:
(i) obtain and maintain any related equipment or service necessary to connect to or access the Services or otherwise use them, including, without limitation, modems, hardware, software and telephone services; long distance or local;
(ii) to ensure that such equipment or related services are compatible with the Services;
(iii) take all necessary and / or reasonable precautions to protect themselves, their computer systems and other property against viruses, worms, Trojan horses and other malicious content or codes.
The Company undertakes to provide all the care and diligence necessary for the provision of Quality Services in accordance with the practices of the profession and the state of the art.
However, and despite the efforts the Company undertakes to deploy, the Company does not guarantee that the Services will be free from operating anomalies (bugs, etc.) or that they will be accessible without interruption.
The Company is only liable for an obligation of means.
Registration for the Services is free, registration of an e-mail address and password is sufficient to access the Services at first.
To benefit from advanced features such as the purchase of a Product, it is necessary to fill in all the information requested in the Customer's account and to obtain the validation of his account by the Company.
The Customer will provide the Company with accurate, complete and up-to-date registration information. It will be the responsibility of the Customer to maintain the confidentiality of his password.
Any connection to the Services using the identifiers and passwords of a Customer is deemed to have been made by the Customer.
In the event of unlawful use, piracy or counterfeiting of the Services, the Company reserves the right to interrupt access to the Services after prior notice to the Client, except in the case of urgency, it being understood that this interruption will not give rise to any compensation from the Customer. Customer and is without prejudice to the sums due under the General Conditions.
The Customer undertakes to update as soon as possible the information provided when registering for the Services. The Customer is solely responsible for the direct or indirect damage that he may suffer in the absence of updating this information.
Any update of the Customer's account information (name, address ...) will change its status "Waiting for validation" and require a new validation of its information by the Company before the Customer can again use the advanced features of the Services, such as the purchase of a Product.
8. ELECTRONIC COMMUNICATIONS
When the Customer uses the Services or sends e-mails to the Company, he communicates with the Company electronically. The Customer therefore agrees that the Company may communicate with him electronically.
These electronic communications may consist of e-mails, notices published on our Services, "urgent" mobile notices and other communications.
The Customer agrees that all contracts, notices, disclosures and other communications that the Company sends electronically satisfy any written communications requirements.
The Company and the Client acknowledge that they are fully aware that all documents, including contractual documents exchanged between them, are the subject of an information and electronic messaging system by the Company, guaranteeing the full compliance of the digitized version with the 'original and ensuring its conservation, in full integrity, in a faithful and lasting way.
They agree that any document exchanged through this system constitutes literal proof as well as any electronic mail exchanged between them.
Unless proven otherwise valid by a court, any document thus scanned and any electronic mail exchanged between the parties is opposable not only between them, but also with respect to any third party beneficiary with the same probative force as a written support paper.
9. NEWSLETTER AND PROSPECTION
Unless expressly objected to, the Customer will receive the Newsletter of the Website in order to be informed of the Company's offers, its events, and new Products.
The Customer has the possibility at any time to modulate the information he wishes to receive or to unsubscribe in the link provided for this purpose in each newsletter or messages sent for prospecting purposes.
10. ORDER PASS
The Customer places his order on the Services and in accordance with the procedure laid down and clarified by the Services: accessible 24/24 and 7/7 permanently, except in case of voluntary interruption or not, especially for maintenance or force needs major.
The order will not be definitively recorded until the last validation of the screen summarizing the payment information. With this last click, the order is considered irrevocable unless canceled or retracted in the conditions provided by the general conditions.
It is expected, from the registration of the order placed, the sending of an email. This email confirms that the Customer's order has been taken into account by the Company and not that the ordered Product is available.
In some cases, including erroneous address or other problem on the Customer's account, the Company reserves the right to block the Customer's order until the problem is solved.
11. TERMS OF PAYMENT
The Company uses PayPal and STRIPE solutions for all payment services denominated in euros.
The payment is made in euros at the Customer's choice:
- by Paypal
- by credit card: Carte Bleue, Visa, Mastercard.
In case of difficulty, the Customer may contact the customer service of the Company dedicated to payment transactions at the following address: firstname.lastname@example.org.
Liability of the Company
The Company makes its best efforts to ensure the availability of the Services. However, due to the nature of the internet, this can not be guaranteed. In addition, Customer access to the Services may occasionally be suspended or limited to allow for repairs, maintenance, or add a new feature or service. The Company endeavors to limit the frequency and duration of these suspensions or limitations.
In the context of its relations with the Clients, the Company is not liable for (i) losses that have not been caused by fault on its part, or (ii) commercial losses (including loss of profit , earnings, contracts, savings, data, customer or redundant expenses), or (iii) any indirect or consequential losses that were not foreseeable at the time the Customer began using the Services.
The Company will not be held responsible for delays or impossibility for the Customer to respect its obligations under the General Conditions if the delay or the impossibility results from a cause beyond its reasonable control.
Nothing in the Terms and Conditions is intended to limit or exclude the liability of the Company in the event of fraud, or in the event of death or personal injury caused by negligence or gross negligence.
In any case, the responsibility of the Company may in no case be incurred for an amount greater than the amount of the order and limited to a maximum of 500,00 euros TTC.
13. HYPERTEXT LINKS
The Services may contain or direct you to websites containing information that some may consider offensive or inappropriate. The Company makes no representations with respect to any Content appearing in or accessible through the Services, and The Company assumes no responsibility for the accuracy, copyright, legality or decency of the material contained in the Content. or accessible via the Services. In no event shall the Company be liable in any way for any Content including, without limitation, any errors or omissions in any Content or any loss or damage whatsoever are incurred in connection with the use or display of any Content posted, sent by e-mail, accessed, transmitted or made available via the Services.
14. INTELLECTUAL PROPERTY
The technology and software underlying the Services are the exclusive property of the Company, as are all photographs taken by the Company itself. Subject to the Customer's compliance with the General Terms and Conditions, the Company grants the Customer a limited, non-exclusive, non-transferable, non-subliceable and revocable license for access and use. personal and non-commercial Services, as well as any underlying software of our Services, solely for the purpose of using the Services, as provided by the Company in accordance with these Terms and Conditions. This license does not include the resale or commercial use of any Service or Content.
Customer agrees not to copy, modify, rent, lease, sell, assign, distribute, reverse engineer, grant any security interest or otherwise transfer any rights in any technology or software. underlying the Services. It agrees not to use modified versions of any software underlying the Services, including, without limitation, for the purpose of gaining unauthorized access to our sites or applications. Customer must not use the Services for any unlawful purpose.
15. PROTECTION OF PERSONAL DATA
The Company and the Customer undertake to respect their respective obligations under the legislation in force regarding the protection of personal data, and in particular to communicate to each other only data that they have processed in accordance with the rights, in particular people concerned by the treatment (s) in question.
The personal data that the Company has to deal with are essential for the management of its commercial relationship with the Customer. They may be communicated to its commercial, marketing and accounting departments, to the Company's agents and to its advice, if any, and to its service providers, for technical reasons.
The Company may transfer personal data outside the European Union, provided that such transfers will only occur in the circumstances permitted by the applicable regulations.
In accordance with the applicable regulations, and subject to not contravening other obligations of the Company, the persons concerned by these treatments may exercise at any time with the Company their right of opposition, if necessary for legitimate reasons. , access, rectification or deletion of any personal data concerning them that would be the subject of treatment, by sending an email to : email@example.com.
16. CONFIDENTIALITY AND SECURITY
To ensure the security and confidentiality of personal data collected by the Company, the Company uses secure data networks.
For the processing of these data, the Company takes all appropriate measures to protect the loss of information, the abuse, the prohibited access, the disclosure, the alteration or the destruction of data.
The Company thus ensures with its subcontractors that they undertake in particular to:
- not to use the data processed for purposes other than those specified by the Company in the contract that binds it to its subcontractor (s);
- not to divulge the data to other persons and to take all measures to avoid any misuse or fraudulent use of this data; or,
- take all security measures, including physical, to ensure the preservation and integrity of the data processed.
17. AMENDMENTS TO THE GENERAL CONDITIONS
The General Conditions applicable to the Customer at the time of registration are those appearing on the Website on the day of registration on the Services.
The Company reserves the right, in its sole discretion, to modify the Terms and Conditions at any time by posting a notice on the Company's website or by sending an email notice. It is Customer's responsibility to read them and become familiar with any such changes.
The use of the Services implies the acceptance by the Customer of the General Conditions as modified.
18. APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
The General Conditions will be governed by and interpreted according to the laws in force in France. Any dispute between the Parties arising in particular as a result of the formation of the interpretation or execution of the General Conditions shall be the subject of an attempt at amicable settlement. Otherwise, the dispute will be brought before the competent court of Paris, even in case of plurality of defendants or warranty.