General Terms and Conditions of Use (GTCU)
1. Object
Buystep is a platform accessible at www.buystep.com offering several services for professional sellers (hereinafter "the Suppliers") and consumer or professional customers ("the Customers") (hereinafter, together, the "Users").
These GTCU, concluded between, on the one hand, the Company BUYSTEP SAS with a capital of 10000 euros, registered in the Trade and Companies Register of Strasbourg under the number 938 362 902 0018, whose registered office is located at 3 rue des Cigognes 67960 ENTZHEIM (email address : info@buystep.com ) (hereinafter referred to as "Buystep" or the "Operator" or the "Platform") and the User on the other hand (hereinafter referred to collectively as "the Parties") are intended to set out the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the Platform and all the Services offered therein.
Except in the case where Buystep publishes and distributes its own online content, it is reminded that Buystep only acts as a host of offers from third party Suppliers and as a technical intermediary making it possible to put a Supplier and a Buyer in contact. Buystep cannot be considered as a reseller of the Products referenced by the Suppliers. Any sale made through the Services Platform is governed by the general terms and conditions of each Supplier, Buystep being at no time party to this sale contract. As host, Buystep reserves the right to remove any content that has been reported to Buystep and that Buystep considers illegal. The notification of illegal content by a User or any other third party must be done by :
- Send an e-mail to info@buystep.com
- The contact form available on the Platform.
For more details, please refer to article 11.2 of these GTC.
2. Definitions
The terms mentioned below have the following meaning in these General Terms and Conditions of Use:
- "Back-Office": means the interface enabling the Supplier to access its personal space from which it can, in particular, manage its personal information, password, Profile, Product Catalogue, Orders, stocks and correspondence with the Operator and Customers.
- "Catalogue": means the Supplier's catalogue of Products offered for sale via the Platform.
- "Consumer Customer": refers to any person who guarantees that they are a consumer as defined by French law and jurisprudence, who accesses the Platform and places an Order for Products. In this respect, it is expressly stipulated that the Consumer Customer is a natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
- "Professional Customer": refers to any individual or legal entity acting for purposes relating to its commercial, industrial, craft, liberal or agricultural activity.
- "Customer": refers to both a professional Customer and a consumer Customer.
- "Order": refers to the purchase of Products by a Customer on the Platform from the Supplier of their choice.
- "Account": refers to the interface hosted on the Platform in which all the data provided by the Customer is grouped together.
- "General Terms and Conditions of Services" or "GTS": refers to the contractual terms and conditions governing the provision of Platform services by the Operator to Suppliers.
- "Supplier's General Terms and Conditions of Sale" or "Supplier's GTCS": means the Supplier's specific general terms and conditions of sale which the Supplier has uploaded onto the Platform to govern, by default, the sales of its Products concluded via the Platform with Customers.
- "General Terms and Conditions of Use" or "GTCU": refers to the present contractual terms and conditions made available on the Platform's homepage governing the use of the Platform and which all Users of the Platform must accept when registering on the Platform, whether they are Suppliers or Customers.
- "Content": refers to all the information, text, logos, trademarks, animations, drawings and models, photographs, images, data and, in general, all the elements and content of Users published on the Platform in accordance with the terms, form and conditions offered as part of the Services.
- "Product Sheet": refers to the commercial offer linked to a Product, which must provide all the essential information required by law.
- "Identifiers": refers to the User's identifier and the password chosen by the User when registering (or modified when using the Platform).
- "Parties": in the plural, refers together to the Operator and the User. In the singular, refers to only one of the two Parties.
- "Platform": refers to the online Platform accessible at the following address: www.buystep.com. The Platform comprises all the web pages, Services and functionalities offered to Users.
- "Payment Service Provider" or "PSP": refers to the company holding a banking licence which, through the Operator, provides its payment services to Suppliers to enable them to collect payments from Customers. The Operator's PSP is STRIPE (www.stripe.com).
- "Products": refers to any product that may be sold or presented on the Platform by a Supplier.
- "Profile": refers to the Supplier's presentation form enabling it to describe its activity and present its Product Catalogue.
- "Services": refers to all the services offered by the Operator to Users via the Platform.
- "User": refers to any person accessing and browsing the Platform, whether a Supplier, Customer or ordinary Internet user.
- "Supplier": refers to any natural or legal person who guarantees to have the status of a professional as defined by French law and jurisprudence and who accesses the Platform in order to be able to market their Products to Customers. In this respect, it is expressly stipulated that the Supplier is an individual or legal entity, public or private, acting for purposes falling within the scope of its commercial, industrial, craft, liberal or agricultural activity.
- "Username": refers to the display name chosen by a User to post a review about a Product or a Supplier. The User may choose to use their first name, a pseudonym, or post a review anonymously if this option is available.
3. Acceptance of the general conditions of use
Use of the features of the Platform and the Services implies acceptance of these GTCU by ticking a box. The User therefore undertakes to read these GTCU carefully when accessing the Platform and is invited to download, print and keep a copy. These GTCU are available in the footer of the Platform by means of a hypertext link and may be consulted at any time.
4. Technical specifications
By using the Platform, the User acknowledges that he/she has the necessary means and skills to use the functions offered on the Platform. The equipment required to access and use the Platform is at the User's expense, as are any telecommunications costs incurred by its use.
The User agrees to comply with the technical specifications relating to the uploading or insertion of Content on the Platform, in particular any weight, size, dimension, character, formatting or other limit relating to the Content that he/she intends to upload on the Platform for any reason whatsoever.
5. Role of the Operator
5.1. Content of the Operator's intervention
The Platform published by the Operator consists of putting Suppliers and Customers in contact electronically with a view to providing the following Services:
- Step #1: Audit & Private label
- Step #2: Marketplace
- Step #3: Freemium directory of local businesses
For details of Buystep's commercial offer, please refer to our dedicated pages on our Website.
The Operator has no control over the presentation of Products and the execution of Product sales and does not intervene in the transaction between the Supplier and the Customer.
The Supplier's GTCS are therefore concluded between the Customer and the Supplier, with the Operator acting as a mere technical intermediary.
The indications on the prices and descriptions of the Products, as well as the Product Sheets, are determined by the Suppliers.
The Operator is remunerated by the payment of a monthly subscription by the Suppliers. The Operator does not receive any commission on sales made on the Platform.
Under no circumstances do these GTCU confer on Users the status of employee, agent or representative of the Operator.
5.2. General pre-contractual information requirements: fairness, clarity and transparency
As the Operator of a marketplace (marketplace on Step 2), Buystep is transparent about the tax and social security obligations incumbent on Users who carry out transactions through its intermediary.
To this end, the Operator is required to comply with the obligations described below:
(i) Obligations under article 242 bis of the French General Tax Code
In accordance with Article 242 bis of the French General Tax Code, the Operator undertakes to provide, at the time of each transaction, information on the tax and social security obligations incumbent on persons who carry out commercial transactions via the Platform.
As part of this obligation, the Operator mentions in Appendix 1 of these GTCU the electronic links to the sites of the authorities enabling these Users to comply with their tax and social security obligations.
(ii) Obligations arising from Articles 1649 ter A of the General Tax Code:
Where transactions carried out by Suppliers via the Platform (Orders for Products falling within the scope of Articles 1649 ter A et seq. of the General Tax Code), the Operator undertakes to :
- Register with the tax authorities to obtain an individual registration number;
File a declaration with the tax authorities concerning transactions carried out through its intermediary and provide all the information requested.
In order for the Operator to comply with its obligations, Suppliers undertake to provide the Operator with all the information referred to in these texts. In the event of non-compliance with this obligation, the Supplier is expressly informed that its Back-Office may be closed under the conditions specified in the GTS.
Each Supplier concerned by this declaration will be provided with the information sent to the tax authorities concerning it, no later than 31 January of the year following that in which the transactions covered by the declaration were carried out.
This data may also be communicated, where appropriate and in compliance with the applicable rules, to the tax authorities of another Member State of the European Union or of a State or territory that has signed an agreement with France allowing for the automatic exchange of such information.
For further information, Suppliers are invited to refer to the General Terms and Conditions of Services.
6. Online notices
The Operator offers the Customer the opportunity to publish "online reviews" on the Platform.
6.1. Fairness of notices
In the context of the publication of online notices on the Platform, the Operator hereby expressly undertakes to provide Users with fair, clear and transparent information on the methods of publication and processing of notices placed online. In particular, the Operator undertakes to display the date of the notice and any updates. In this respect, the Customer is advised that :
- The User is informed that their review will be published with the Username they have chosen. If no choice is made, a default identifier may be assigned.
- The User may request the modification or deletion of their review by contacting the Operator at info@buystep.com or through their personal account if they have one.
- The Operator guarantees that reviews are published without alteration, except for any removals justified by non-compliance with the Terms of Use or legal obligations.
- The Operator does not moderate opinions in advance.
- However, in the event of checks being carried out on notices, the Operator undertakes to ensure that the processing of personal data carried out in this context complies with law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as amended, and with the RGPD.
- All Users can then view all notices relating to Products and Suppliers.
- Suppliers can also monitor notices concerning themselves from their Back-Office.
6.2. How can I report a problem with a published notice?
The Operator provides a free function that allows any User to report a problem with a notice.
Any User wishing to write to the Operator about a particular notice should do so at the following address:info@buystep.com.
A posteriori, and in the event of a relevant report, the Operator undertakes to delete a notice insofar as it :
- Does not comply with these General Terms and Conditions of Use;
- Contains content that is defamatory, abusive, insulting, malicious, incites violence or hatred, racist, unlawful, discriminatory, infringes privacy or image rights or is inappropriate in any way whatsoever.
6.3. Review Management and Right to Modification
The User may request at any time:
- The modification of their review by providing a valid justification and complying with the Operator's transparency policy.
- The deletion of their review, provided they submit the request via info@buystep.com and verify their identity.
The Operator commits to processing these requests within 30 days.
In the event of a Customer Account deletion, the reviews published by the User may be anonymized or removed at the Operator's discretion.
7. Conditions of access and registration
Any User may access the Platform, consult the Products offered and benefit from the Services described in these GTCU. Users wishing to become Customers or Suppliers are invited to follow the steps described below:
7.1. Registration as a
In order to be listed on the Platform as a Supplier and to benefit from a Profile and a Back-Office, a User must contact the Operator by completing the contact form accessible on the Platform or by e-mail to the following address info@buystep.com .
In addition, in order to be recruited and listed on the Platform as a Supplier, the User must in particular:
- Acting as a professional ;
- Accept these GTCU and the GTCS which are accessible on Buystep and which are communicated to him by the Operator by e-mail;
- Accept and abide by these GTCU for the entire duration;
- Provide and keep up to date all information requested by the Operator and the PSP;
- Communicate all of the Content that must appear on its Product Sheets and Product Catalogue.
- For further information, in particular concerning the conditions of registration and recruitment of Suppliers, Users are invited to refer to the GTS.
- If the Operator refuses to register the User as a Supplier, the Operator will inform the Supplier by e-mail.
- In any event, the GTS shall come into force subject to the Operator's acceptance of the Supplier's registration.
7.2. Registering as a Customer
7.2.1. Registration procedures
Any User wishing to have access to all the features offered by the Platform must first create an Account in order to become a Customer.
Registration on the Platform as a Customer is free of charge.
To create an Account, the User is asked to provide all the required information and to create his/her Identifiers.
The User wishing to become a Customer undertakes to provide the Operator with accurate, fair and up-to-date information, which does not infringe the rights of third parties in any way whatsoever, and to provide the Operator with any necessary updates to the information provided at the time of registration.
Finally, the User must accept these GTCU before finalising their registration.
The Customer undertakes to create a single Account on the Platform. The Operator accepts no responsibility for any harmful consequences that may result from the use of multiple Accounts for a single Customer.
The User is entirely responsible for the accuracy and updating of the data communicated when opening and managing his/her Account.
7.2.2. Identifiers
The Customer is solely responsible for the use of his Identifiers or actions taken via his Account.
If a Customer discloses or uses his Identifiers in a manner contrary to their intended purpose, the Operator may cancel the Account without notice or compensation.
Except in the event of proven fault on its part, the Operator may not be held liable in the event of usurpation of a Customer's identity. All access and actions carried out from a Customer's Account shall be presumed to have been carried out by that Customer, insofar as the Operator is not obliged to and does not have the technical means to ensure the identity of persons accessing the Platform from an Account.
Any loss, misappropriation or unauthorised use of a Customer's Identifiers and the consequences thereof shall, in principle, be the responsibility of the Customer, who shall be required to notify the Operator without delay by e-mail to the following address info@buystep.com .
7.2.3. Deregistration
Customers may close their Account at any time by sending an e-mail to info@buystep.com, provided they have no Orders in progress.
The Operator shall deactivate the Account as soon as possible and shall send the Customer an e-mail confirming the closure of the Account and the definitive deletion of all its elements on the Platform.
8. Product Searches
8.1. Search by category and sub-category
The User will be able to access the Products listed in the form of categories and sub-categories.
By clicking on the category and sub-category of their choice, Users will be able to access all the corresponding Products and Suppliers presented and/or marketed via the Platform.
Apart from any filters applied in these categories and sub-categories, Products will be sorted in alphabetical order.
8.2. Search by search engine
The User can use the search engine to look for a specific Product.
In this case, the results corresponding to the User's search will be presented by default to the User according to a criterion of relevance determined as follows: priority is given to Products whose title, description or Product File contain the most links with the keywords used by the User.
8.3. Search by filter
When searching for Products on the Platform, Users can refine their queries using the filters provided, in particular by :
- Date of publication ;
- Rising price ;
9. Marketplace services (Step 2)
By creating an Account in accordance with article 7.2 of these GTCU, any User who becomes a Customer will be able to access the following functions:
9.1. Product orders
Any User who has created an Account may place an Order for Products offered by Suppliers via the Platform.
All Orders for Products shall be governed by the Supplier's General Terms and Conditions of Sale.
9.2. Payment for Products
Customers can pay for their Products online on the Platform using the payment methods offered, i.e. by bank card.
When they choose their payment method, Customers will be redirected to a secure area corresponding to this choice in order to make the payment. The Customer declares that he/she is aware that all payments on the Platform are made via the Payment Service Provider, which manages the financial flows.
9.3. Order Management
By creating an Account, the Customer will be able to track and manage their Orders in progress, access the history of all their Orders, place an identical Order, obtain the invoices relating to their Orders, exercise their right of withdrawal where applicable or make a complaint to the Supplier.
9.4. Information and promotional messages
All Customers may, when registering on the Platform and via their Account, subscribe to the Operator's newsletters, informing them of new features on the Platform or promotions. These newsletters may be sent to the e-mail address provided by the Customer and/or by SMS, at the Customer's discretion.
The Customer may unsubscribe from newsletters at any time by clicking on the link provided for this purpose in each communication sent by the Operator.
9.5. Online notices
In accordance with article 6 hereof, the Operator may make available to Customers means enabling them to evaluate Products and Suppliers as well as opinions left by other Customers.
9.6. Services available to any User registered as a Supplier
If the Operator accepts the Supplier's registration in accordance with article 7.1 of these GTCU, any User who becomes a Supplier may benefit from a Back-Office and a Profile from which it may publish its Product Catalogue, present its Products and/or offer its Products for sale to Customers in accordance with the terms specified in the General Terms and Conditions of Services.
10. Obligations of the parties
10.1. Obligations of Users
When using the Platform, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GTCU.
Each User must :
- Behave in a fair and reasonable manner towards the Operator and third parties;
- Be honest and sincere in the information provided to the Operator and, where applicable, to other Users;
- Use the Platform in accordance with its purpose as described in these GTCU;
- Not to misuse the Platform to commit crimes, offences or contraventions punishable under the Criminal Code or any other legal or regulatory provision;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Respect the Operator's intellectual property rights relating to the elements of the Platform and, where applicable, the intellectual property rights of other Users;
- Not to seek to undermine, within the meaning of Articles 323-1 et seq. of the French Criminal Code, the automated data processing systems implemented on the Platform, in particular through practices such as web-scraping;
- Do not modify information posted online by the Operator or by another User;
- Not to use the Platform to send unsolicited mass messages (advertising or other);
- Not to disseminate data that has the effect of reducing, disorganising, slowing down or interrupting the normal operation of the Platform.
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In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1881 relating to freedom of the press, the User undertakes not to disseminate any message or information :
- Constitute wrongful denigration aimed at the Operator or Users of the Platform;
- Contrary to public order and morality ;
- Of an abusive, defamatory, racist, xenophobic or revisionist nature, or damaging to the honour or reputation of others;
- Inciting discrimination or hatred of a person or group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- Threatening a person or group of people;
- Of a paedophile nature;
- Inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;
- Inciting suicide;
- Allowing third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and the security of persons and property to be infringed;
10.2. Obligations of the Operator
The Operator's general obligation is an obligation of means. The Operator is under no obligation of result or reinforced means of any kind.
The Operator undertakes to do everything in its power to ensure continuity of access to and use of the Platform 7 days a week, 24 hours a day.
However, the Operator wishes to draw Users' attention to the fact that current Internet communication protocols do not allow the transmission of electronic exchanges (messages, documents, identity of sender or recipient) to be guaranteed with certainty and continuity.
Furthermore, in accordance with the provisions of Articles L 111-7 et seq. of the French Consumer Code, as an online platform operator, the Operator undertakes to provide clear, transparent and fair information on the terms and conditions of its services.
11. Liability
11.1. General principles
Subject to the public policy provisions applicable to consumers, in a relationship with professionals, the Operator declines all responsibility, in particular:
- In the event of temporary inaccessibility of the Platform for technical maintenance or updating of the information published. Users acknowledge that the Operator may not be held liable in the event of malfunctions or interruptions in the said transmission networks;
- In the event of viral attacks or unlawful intrusion into an automated data processing system;
- In the event of abnormal use or illicit exploitation of the Platform by a User or a third party;
- With regard to the content of third-party websites to which hypertext links on the Platform refer ;
- In the event of non-compliance with these GTCU attributable to Users ;
- In the event of delay or non-performance of its obligations, where the cause of the delay or non-performance is linked to a case of force majeure as defined in article 10 hereof;
- In the event of an external cause not attributable to the Operator ;
- In the event of unlawful conduct by a Supplier, or breach of contract by a Supplier ;
- Any problems encountered in the performance of the Order by the Supplier.
- In the event of abnormal use or unlawful exploitation of the Platform, the User shall be solely liable for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.
11.2. Hosting status and reporting illegal content
Users acknowledge that the Operator is a hosting provider within the meaning of the EUROPEAN REGULATION ON DIGITAL SERVICES OF 19 OCTOBER 2022 (DSR).
In this respect, the Operator reserves the right to remove any content that has been reported to it and that it considers to be unlawful.
Users or any other third parties must report illegal content by :
- Send an e-mail to info@buystep.com or ;
- Using the contact form available on the Platform .
The User's notification must include the following information:
- A sufficiently substantiated explanation of why the individual or entity alleges that the information in question is unlawful content;
- A clear indication of the exact electronic location of this information, such as the exact URL(s), and, where appropriate, additional information to identify the illegal content according to the type of content and the specific type of hosting service;
- The name and e-mail address of the individual or entity submitting the notification,
- A statement confirming that the individual or entity submitting the notification believes, in good faith, that the information and allegations contained therein are accurate and complete.
11.3. Disputes between Customers and
It is specified that any dispute arising between a Customer and a Supplier shall be dealt with between them, the Supplier being the sole seller of the Products and solely responsible for the Products ordered via the Platform on the basis of its own GTCS.
Where the Customer contacts the Operator by email at info@buystep.com in order to make a complaint about the Supplier, the Operator shall pass on the complaint without delay by email to the Supplier concerned, who shall be solely responsible for dealing with the dispute concerning the Products ordered.
In any event, the Party concerned by the User's complaint undertakes to respond to this complaint as soon as possible.
Out of concern for the image of the Platform, the Operator invites the parties to make their best efforts to resolve any dispute in which they are involved.
It is nevertheless specified that Users may refer the matter to the Operator as mediator in order to find a solution to the dispute by contacting info@buystep.com .
12. Force majeure
The Operator may not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCU is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the GTCU were concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the GTCU. If the impediment is definitive, the GTCU shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In the event of an event having the characteristics of force majeure, the Operator shall endeavour to inform the User as soon as possible.
13. Intellectual property rights
13.1. Ownership of Users' intellectual property rights
When using the Platform, Users may present texts, images, photographs, trademarks, logos, drawings and other models belonging to them or to third parties.
Any User submitting Content via the Platform warrants that it has the necessary economic rights to represent or reproduce all Content and shall hold the Operator harmless.
In any event, the Operator may not under any circumstances be held liable for any act of infringement, given its simple capacity as host of Content published by Users.
With a view to the performance of these GTCU, all Users hereby grant a free and non-exclusive licence to the Operator to use, reproduce, represent, adapt and make available to the public the said Content, including in particular Content protected by copyright and any other visible distinctive sign with a view to the performance of these GTCU. This licence shall be valid for the entire duration of the use of the Platform hereunder and throughout the world.
This licence does not imply any right to sub-licence to a third party. However, the Operator may not be held liable for the copying of Content by any User browsing the Platform in breach of its General Terms and Conditions of Use.
13.2. Ownership of the Operator's intellectual property rights
The User acknowledges the Operator's intellectual property rights in the Platform, its components and related content and waives any right to contest these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Platform, with the exception of Content published by Users, are the exclusive intellectual property of the Operator and may not be reproduced, used or represented without the Operator's express authorisation, failing which the Operator shall be liable to prosecution.
Any representation or reproduction, in whole or in part, of the Platform and its content, by any process whatsoever, without the express prior authorisation of the Operator, is prohibited and shall constitute an infringement punishable by articles L 335-2 et seq. and L 713-1 et seq. of the French Intellectual Property Code.
In particular, as a producer of databases, the Operator expressly prohibits :
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database onto another medium, by any means and in any form whatsoever;
- Re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form;
- Reproducing, extracting or re-using, by any means, including methods similar to scrapping, the content (photographs, descriptions, etc.) published by the Operator.
- Acceptance of these GTCU implies recognition by Users of the Operator's intellectual property rights and an undertaking to respect them.
The Operator grants a personal, non-exclusive and non-transferable licence to Users authorising them to use the Platform and the information it contains in accordance with these GTCU.
Any other use of the Platform and its content is excluded from the scope of this licence and may not be made without the Operator's express prior authorisation.
14. Protection of personal data
The entire policy relating to the processing of personal data by the Operator is detailed in the Platform's Privacy Policy, which is available here: Privacy Policy.
Reviews posted on the Platform involve the processing of the User's personal data (Username, publication date, review content). This data is processed in accordance with the Privacy Policy and GDPR requirements.
15. User Service
Any questions or complaints regarding the use or operation of the Platform may be submitted as follows:
- E-mail to info@buystep.com ;
- Using the contact form available on the Platform;
16. Validity of the GTCU
If any one of the stipulations of these GTCU is declared null and void by virtue of a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses, which will remain fully applicable. Such a modification or decision does not in any way authorise Users to disregard these GTCU.
17. Modification of the GTCU
These GTCU apply to all Users browsing the Platform.
The Operator may amend and update the TOU at any time, in particular to adapt to changes in legislation or regulations.
The applicable GTCU are :
- For Users not registered on the Platform: those in force at the time of browsing the Platform;
- For all Users registered on the Platform: those accepted by them on the Platform (at the time of their registration on the Platform or at the time of their last connection in the event of a change).
18. General provisions
The fact that one of the Parties has not demanded the application of any clause of these GTCU, whether permanently or temporarily, may under no circumstances be considered as a waiver of the said clause.
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
19. Jurisdiction and applicable law
THESE GGU AND THE RELATIONSHIP BETWEEN THE USER AND THE OPERATOR ARE GOVERNED BY FRENCH LAW.
IF THE USER IS A CONSUMER RESIDING IN THE EUROPEAN UNION, HE MAY APPLY HIS NATIONAL LAW IF IT IS MORE FAVOURABLE TO HIM.
In the event of a dispute arising between the Operator and a User concerning the interpretation, performance or termination of these GTCU, the Parties will endeavour to resolve it amicably. In such a case, the User is first invited to contact the Operator's User Service under the conditions set out in article 15 - User Service.
19.1. With regard to Consumer Users (Consumer Customers)
In the event that no amicable agreement can be 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 in the event of any dispute arising in connection with this contract, including those relating to its validity.
Pursuant to Article L 616-1 of the Consumer Code, the User who is a consumer within the meaning of the introductory article of the Consumer Code may, in order to initiate the mediation procedure, have recourse to the European online dispute resolution platform accessible at the following address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements relevant to the dispute and/or its understanding.
Since mediation is not compulsory, the Consumer User or the Operator 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 REFERRED TO THE COMPETENT COURT.
19.2. With regard to Professional Users (Suppliers & Professional Customers)
The Parties will endeavour to settle amicably any dispute that may arise between them concerning the interpretation, performance or termination of these GTCU.
IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN ONE (1) MONTH FROM THE DATE OF REFERRAL BY ONE OF THE PARTIES, THE DISPUTE MAY BE SUBMITTED TO THE COMPETENT COURTS IN STRASBOURG, WHICH ARE EXPRESSLY GIVEN JURISDICTION TO SETTLE THE DISPUTE.
Appendix 1 - Information on civil and obligations
Online platform operators are obliged to inform any User who generates income on their Platform of their civil and tax obligations.
All the relevant information is set out in a series of factsheets setting out the rules for declaring income and paying social security contributions.
This information can be found at the following addresses:
- For information on tax obligations, see the link below:
- For information on social obligations, see the link below:
With regard to VAT payments, Suppliers are invited to consult the information documents made available to them by the French authorities: https://www.impots.gouv.fr/professionnel/je-recherche-les-regles-de-territorialite-tva-page-en-cours-de-creation.
The following information sheets for Suppliers are also available at the following addresses:
- https://www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_other_income/eco-collabo-tax-sales-goods.pdf
- https://www.economie.gouv.fr/files/files/PDF/cotisations_sociales_services.pdf
In terms of social protection, this income must be eligible for health insurance or pension rights. The same applies to taxation: the income generated must be subject to tax.
We remind you that these explanations are given for information purposes only and that they do not replace the reading of legislative texts, administrative comments and case law. We would also like to emphasise that the rules set out above are subject to change (in particular the various thresholds, which are re-evaluated each year) and that each Platform User is solely responsible for fulfilling his or her legal obligations.
In addition, the tax authorities and social security funds are able to supplement this basic information and answer any questions you may have.
The Operator therefore recommends that all Users contact their tax office, their social security fund or a specialist adviser if they have any doubts.
Contact information
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