BuyStep Logo

General Terms and Conditions of Services (GTCS)

Last updated: December 13, 2024

The company BUYSTEP SAS, with a capital of 10,000 euros, whose registered office is located at 3 rue des Cigognes 67960 ENTZHEIM, and registered in the Strasbourg Trade and Companies Register under number 938 362 902 0018 (info@buystep.com), (hereinafter the "Operator" or "Buystep"), publishes and operates a Services platform accessible at the following address https://www.buystep.com (hereinafter the "Services Platform").

Preamble

The Supplier, as a professional, wished to benefit from the Services of the Services Platform in order to offer its Products and related Services for sale thereon.

It is in this context that the Parties have come together to enter into this Contract. The Supplier acknowledges that the Operator has provided it with the useful and necessary information in order to assess the suitability of the Services for its needs, that it has answered its questions and carried out any demonstration with regard to the Services described hereinafter in order to enable the Supplier to enter into the Contract in full knowledge of the facts.

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 Service Platform is governed by the general terms and conditions of each Supplier, Buystep being at no time party to this sale contract.

The present contract, which excludes any relationship of subordination, in no way confers on the Supplier the status of employee, representative, agent or representative of the Operator. The Parties further declare that the present contract may under no circumstances be considered as an act constituting a legal person or entity of any kind, and that any form of "affectio societatis" is formally excluded from their relationship.

The purpose of this Contract is to set the terms and conditions for the supply of Services by the Operator to the Supplier, as well as the respective rights and obligations of each of the Parties.

1. Definitions

In the context of this Contract, the terms and expressions listed below, the first letter of which appears in capital letters, have the meanings attributed to them below. These terms shall have the same meaning in the singular and plural.

  • "Buyer": means any natural or legal person placing a Product Order with the Supplier via the Services Platform.
  • "Order": means the act of purchase by a Buyer of a Product sold on the Services Platform by the Supplier.
  • "Supplier Account / Back Office": refers to the interface enabling the Supplier to access his personal space and accessible by means of Identifiers.
  • "General Terms and Conditions of Use (GTCU)": refers to the conditions governing the use of the Services Platform by any user thereof.
  • "General Terms and Conditions of Sale (GTCS)": means the Supplier's own terms and conditions of sale governing the Order.
  • "Contract" or "GTS": includes these General Terms and Conditions of Services and the appendices, as well as any special conditions agreed between the Operator and the Supplier.
  • "Elements": all the information, texts, logos, trademarks, animations, drawings and models, photographs, data, hypertext links and, in general, all the Supplier's content published on the Services Platform in accordance with the terms, form and conditions offered to it as part of the Services.
  • "Product Sheet": refers to the page presenting the characteristics, essential information and photographs attached to a Product.
  • "Working hours: from 9am to 6pm, Monday to Saturday, excluding Sundays and public holidays.
  • "Identifiers": means the Supplier's identifier or e-mail address and password enabling it to access its Back Office.
  • "Confidential Information": refers to all financial, legal, technical, commercial and strategic information, as well as data, documents of any kind, drawings, concepts, manufacturing secrets, know-how, information systems and software, transmitted or brought to the attention of a Party under the terms of the Contract, regardless of the form and/or media used.
  • "Working days: Monday to Saturday from 9am to 6pm, excluding Sundays and public holidays.
  • "Delivery": means the delivery of the Order by the Supplier or any person appointed by the Supplier to the place of delivery specified by the Purchaser. Delivery shall be deemed to have taken place upon confirmation of receipt of the Order by the Purchaser or, in the absence of confirmation by the Purchaser, at the end of a period of 21 days from the delivery date indicated by the Supplier.
  • "Services Platform": means the Services Platform accessible at
  • "Operator": means the company BUYSTEP as identified at the head of the present document.
  • "Parties": refers to the Operator and the Supplier.
  • "Payment Service Provider (PSP)": means the company, which holds a banking licence, providing, via the Operator, payment services to Suppliers to enable them to collect payments from Buyers.
  • The Operator's Payment Service Provider is STRIPE. This includes the ability to provide cross-border services in the European Economic Area.
  • "Related Service": means any service offered by the Supplier in connection with the sale of a Product (such as delivery, assembly, return).
  • "Product": refers to any product listed and authorised on the Services Platform marketed by a Supplier.
  • "Profile": means the file containing a presentation of the Supplier, its Product offers, and the opinions collected from Buyers who have ordered the said Products on the Services Platform.
  • "Services": refers to the Services offered by the Operator to the Supplier as described in article 2.
  • "User": generic term referring to any person browsing the Services Platform.
  • "Supplier": means the Supplier as identified in Appendix 1, who meets the listing criteria and whose Products are listed on the Services Platform.

2. Description of Services

As part of its professional activity, the Services Platform provides the Supplier with a software architecture and technical resources enabling it to present its offers for related Products and to be put in contact with Buyers and thus conclude sales where applicable.

The Services Platform offers 3 Service packages for the Supplier to choose from:

  • 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.

3. Listing process on Buystep

3.1. Listing Criteria

The criteria for referencing on the Platform vary according to the Services subscribed to by the Supplier and appear in the detailed description of each Service. Suppliers undertake to comply with these criteria in order to benefit from the Platform's Services.

The Supplier guarantees the authenticity and veracity of the information it provides to the Services Platform.

Any breach of these obligations may result in the suspension or even termination of the Contract under the conditions set out in Article 17.

The Operator reserves the right to check or have checked all or part of the information provided.

3.2. Request for Referencing

The Supplier must send a request for referencing on the Services Platform together with all the documents and information listed in Appendix 1.

Any request sent by the Supplier does not automatically lead to referencing on the Services Platform, which is decided at the sole discretion of the Operator.

3.3. Acceptance of the General Terms and Conditions (GTC)

Any registration by the Supplier on the Services Platform and the use of the latter imply the Supplier's unreserved acceptance of these general terms and conditions This acceptance takes the form of a tick box with the value of a simple electronic signature.

Unless there is evidence of fraud, the Supplier acknowledges that it is signing this Contract electronically with full knowledge of the technology used and the terms and conditions thereof, and consequently waives the right to challenge, in the context of any claim and/or legal action, the reliability of the said electronic signature solution and/or the expression of its intention to enter into this Contract on this basis.

Their purpose is to specify the conditions under which the Supplier may benefit from the services offered by the Services Platform and its rights and obligations arising from the use thereof.

They may be modified at any time by the Operator. The Supplier shall be notified of any amendment to these terms and conditions 30 days before the amendments come into force. In the event of substantial amendments to these terms and conditions, a distinction must be made between the following situations:

  • Either the Supplier consents to the said substantial modifications, in which case they will automatically come into force on the date specified in the notification.
  • Either the Supplier refuses the substantial modifications, in which case it may terminate the Contract before expiry of the notice period. This termination shall take effect within 30 days following receipt by the Operator of the letter from the Supplier informing it of its decision to terminate the Contract.
  • The Supplier expressly accepts that its silence following the information given concerning the modification of the Contract shall be considered as acceptance of the modifications made.

The Operator shall not be required to observe the aforementioned period of notice if the planned modification results from :

  • Changes in legislation or regulations that have become public policy;
  • The need to protect buyers, Internet users and suppliers against any imminent cyber risk

3.4. Opening an account with the PSP

The Payment Service enabling the Supplier to be paid by the Purchaser is provided by a Payment Service Provider (PSP). It is specified that the opening of a payment account with the PSP is compulsory. Failing this, the Supplier may not be listed on the Services Platform.

The Operator's PSP is STRIPE. In order to benefit from the Payment Services, the Supplier must accept the PSP's General Terms and Conditions.

In order to enable the PSP to comply with its anti-terrorism and anti-money laundering obligations, applicable laws and regulations and KYC ("Know Your Customer") requirements, the Supplier shall, at the time of entering into the contract with the PSP, and thereafter at the first request of the PSP, provide information about itself, its activities and its shareholders. It is understood between the Parties that the present Contract and that concluded with the PSP are interdependent contracts. The Operator may therefore freely, automatically and without delay, terminate the present Contract in the event that the contract between the Supplier and the PSP is terminated for any reason whatsoever.

3.5. Creating a Supplier Account

The Supplier Account shall be accessible by means of Identifiers. The Supplier undertakes to keep the Identifiers strictly secret, to take all measures to preserve their confidentiality and to notify the Operator of any unauthorised or fraudulent use of its Back-Office or its Identifiers as soon as it becomes aware of such use, by any means.

By express agreement between the Parties, any operation carried out using the Supplier's Identifiers is deemed to originate from the Supplier, who assumes sole responsibility therefor. Under no circumstances may the Operator be held liable in the event of prejudice suffered by the Supplier as a result of unauthorised or fraudulent use of its Back-Office or its Identifiers.

3.6. Duration

The Contract is entered into for an indefinite period, notwithstanding the termination options available to each Party in accordance with Article 17.

4. Prices

The price of the Products presented or offered for sale on the Services Platform is freely set by the Supplier in compliance with the applicable laws and regulations.

The price must be indicated in euros, inclusive of all taxes, and does not include delivery costs or any other service requested by the Buyer, which will be added to the price of the Product before the Buyer confirms the Order on the Marketplace.

The Supplier may change its prices at any time, it being understood that any Order placed by a Buyer at the price previously charged may not be changed or cancelled.

The Supplier is autonomous as regards its promotional policy. It may apply promotional offers to its Products in compliance with the laws and regulations in force. It is free to participate or not in operations set up by the Operator for its own Products.

5. Availability

The Supplier shall avoid any shortage of stock or any delay in the delivery of the Products to the Purchaser.

If, despite the precautions taken by the Supplier, a Product ordered is unavailable, the Supplier shall inform the Purchaser as soon as possible and cancel the Order via its Back Office.

The Supplier may propose a substitute product to the Buyer, which the Buyer is not obliged to accept.

6. Order on the Marketplace (step 2)

The Supplier shall be notified by e-mail or via its Supplier account of the sale of a Product on the Services Platform. The Supplier undertakes to confirm each Order as soon as possible after receiving such notification. If the Supplier fails to confirm within the aforementioned period, the Order shall be automatically cancelled.

The Supplier undertakes to honour all confirmed Orders and to dispatch the Products within the times indicated. Should the Supplier fail to do so, the Operator may suspend or terminate this Agreement in accordance with Article 17.

6.1. Dispatch and delivery of the Order on the Marketplace

The Product must be packaged and wrapped in such a way as to guarantee sufficient protection and to prevent any risk of damage during handling and delivery. The Supplier undertakes to dispatch the Product within the time specified in the offer and in accordance with the delivery method chosen by the Purchaser.

It shall inform the Buyer in real time of any change in the status of its Order via the Services Platform.

In the event that the Supplier uses a service provider to ensure the delivery of the Product to the Purchaser, the Supplier acknowledges that it will remain liable to the Purchaser for any request or claim relating to the delivery and that it may not ask the Purchaser to contact the service provider responsible for the delivery directly.

6.2. Consumer Buyer's right of withdrawal

The Supplier acknowledges that the Purchaser, when he is a consumer, has a right of withdrawal, except for the exceptions provided for in Article L 221-28 of the French Consumer Code.

6.3. Customer service

The Supplier shall provide, in good faith, a quality customer service to Buyers. The Supplier undertakes to provide an optimised and appropriate response as quickly as possible.

All after-sales procedures must be scrupulously documented and regularly monitored by the Supplier.

The Supplier is responsible to the Purchasers for implementing the legal guarantees applicable to the Products.

The Operator reserves the right to intervene in the processing of any claim by a Buyer in the event of default by the Supplier.

In particular, the Operator may, without the Supplier being able to contest this, reimburse the Buyer in the following cases:

  • The Supplier does not respond to a Buyer's complaint as soon as possible;
  • The Supplier is unable to produce proof of delivery to the Buyer of the Product ordered
  • If the Buyer wishes to make use of the legal guarantees, the Product will not be repaired or replaced within 30 days of the Buyer's complaint;
  • The Supplier has not dispatched the Products within the agreed time.

Any reimbursement of the Buyer at the Operator's initiative may only be made if the Supplier's account shows a credit balance and only after the Supplier has been informed.

The Supplier shall be solely responsible for organising the possible return of the Product, the costs associated with such return and the risks thereof.

6.4. Financial terms of purchases made via the Services Platform

6.4.1 Terms of payment

Purchasers may only pay for their Orders using the payment tools available on the shopping basket page.

The sums paid by the Buyer will be held by the PSP until the funds are paid back to the Supplier until delivery of the Product.

6.4.2 Billing

The Supplier shall send each Purchaser an invoice within the time limits and using the means required by the applicable legislation (paper and/or electronic format accessible from the Purchaser's account).

6.4.3 Payment of all taxes, levies and environmental contributions payable by the Supplier

The Supplier shall be personally responsible for the payment of all taxes, duties and environmental contributions payable by it to the relevant bodies and administrations, without the Operator being able to be questioned or held liable in this respect.

7. Obligations of the Supplier

7.1. Compliance with listing criteria

The Supplier undertakes to maintain and respect the Buystep referencing criteria as shown on our website.

If the Supplier fails to comply with its undertakings, the Operator may delist the Supplier and/or its offerings, in whole or in part, temporarily or permanently.

7.2. Obligations relating to Products

7.2.1. Product compliance with applicable regulations

The Supplier guarantees that the Products presented or offered for sale on the Services Platform comply with all applicable local and European standards. The Supplier shall be personally responsible for adapting the Products to any future legislation. The Supplier is solely responsible for the compliance and safety of its Products.

The Operator reserves the right to carry out checks at any time. Any failure to comply with the standards applicable to the Products or to carry out tests shall be grounds for suspension and termination under the terms of Article 17.

The following in particular are prohibited for sale on the Services Platform: products from universes excluded by the Operator, products likely to damage the brand image of Buystep , reconditioned and second-hand products, products that can only be marketed as part of a selective or exclusive distribution network, products that contravene current legislation and regulations, products for which the Supplier is unable to present all the authorisations required for their marketing on the Services Platform, products that are dangerous, in particular to health, safety and the environment, products whose trade is illegal or prohibited, counterfeit products, products infringing the rights of third parties, discriminating products, products inciting hatred or violence, products from countries or territories under embargo or subject to international sanctions, products offending public decency or public order, stolen products.

7.2.2. Product sheet

The Supplier shall create a file for each Product indicating its contact details, the name of the product, its description (respecting the recommendations communicated by the Operator and the Charter), photographs of the Product including one in context, and select relevant keywords for the search, all in the language of the country of the site.

The description of the Product must include all the essential characteristics of the Product and all useful information necessary for the proper information of Buyers, as well as any information relating to the risks associated with the use of the Product, where applicable. It must also specify the delivery methods and times available to the Buyer depending on the delivery address.

The Supplier undertakes not to list a Product for which the technical architecture of the Services Platform does not allow any essential and/or mandatory information to be entered due to the specific nature of the Product.

The Supplier acknowledges that it has been informed and accepts that the Products it offers for sale on the Services Platform may also be offered for sale by other Suppliers listed on the Services Platform or by the Services Platform itself.

The Supplier is solely responsible for the supply and conformity of all information made compulsory by the law or regulations in force, for its veracity and for updating it where necessary. The Supplier must therefore check the information imported and make any necessary changes.

The Supplier must clearly state its policy on returning and taking back Products.

The Supplier undertakes not to disseminate any Element, data or information that is contrary to public decency or public order.

Any request or complaint relating to the Products and their characteristics must be dealt with by the Supplier, who will assume full and complete responsibility.

7.2.3. Rights to the Products

The Supplier guarantees that it is the owner of the Products presented or offered for sale on the Services Platform or that it has the right to sell them. Where applicable, the Supplier certifies that it has all the authorisations of the selective or exclusive distribution network to which it belongs.

The Supplier undertakes to provide the Operator, within twenty-four (24) hours of the request, with any document proving its rights to the Products.

He also guarantees that he has all the authorisations required to sell the Products on a marketplace-type online sales site on local and European territory.

The Supplier declares that it holds all intellectual property rights over the Products sold on the Services Platform and that it is personally responsible for any rights that third parties may hold over these Products.

8. Relations between Suppliers and Buyers

The Supplier acknowledges that by communicating or offering his Products for sale on the Service Platform, he also commits the image of Buystep.

The Supplier undertakes to take full responsibility for all after-sales services for the Products and Services presented or marketed via the Services Platform.

Any request for information or complaint sent by a Buyer or prospective Buyer to the Services Platform concerning the Supplier's Products and Services shall be redirected to the Supplier, who undertakes to deal with it with all due diligence.

The Supplier undertakes to respond to the Purchaser within twenty-four (24) working hours of receipt of the request. It must use language that is understandable, respectful and without abbreviations. The Supplier undertakes to provide a customer service department capable of holding a conversation in English if necessary.

9. Payment of the price of Services

9.1. Step 1 & step 3 monthly subscription

The monthly subscription fees for the Services Platform are detailed on our dedicated page.

9.2. Payment on the marketplace (Step 2)

The operator will not receive any commission on each Product ordered by a Buyer. Only the payment service provider (PSP) takes a commission on sales made in return for its own service.

The Supplier expressly agrees that the sums it owes hereunder shall be automatically debited from the sums blocked by the PSP in respect of the Orders.

The proceeds of Orders placed on the Services Platform shall be received by the PSP, which shall pay the Supplier the amount received less any sums due to the Operator under the terms hereof.

Payment shall be made by transfer to the bank account provided by the Supplier through the PSP, provided that the Product has been delivered to the Purchaser, that the withdrawal period granted to the Purchaser has expired and that no claim is being processed in respect of the Product which is the subject of the Order.

10. Supplier's duty of loyalty

The Supplier shall refrain from offering Buyers any advantage whatsoever in return for a positive opinion of itself or its Products.

The Supplier undertakes to:

  • Not to divert the purpose of the Services Platform to commit crimes, offences or contraventions punishable under the Criminal Code or any other law;
  • Not to seek to undermine the automated data processing systems used to operate the Services Platform;
  • Not to violate or attempt to violate the security or integrity of the Services Platform, to communicate any misleading information or to use the information for illicit purposes;
  • Do not publish any defamatory or disparaging content;
  • Not to make any substantial extraction, qualitatively or quantitatively, of the content of the Services Platform.

11. Insurance

The Supplier declares that it is insured for professional civil liability with a solvent insurance company covering, in particular, all material and immaterial damage resulting from its activity. At the Operator's request, the Supplier shall provide proof of this by producing a valid certificate specifying, in particular, the amounts covered, excesses and grounds for exclusion.

12. Obligations of the Operator

The Operator undertakes to carry out the Services in compliance with the rules applicable with regard to the purpose of the Contract, such rules resulting from good practice, local and European standards, laws, decrees, orders and national, local or professional legislative, regulatory or administrative texts.

It is expressly agreed between the Parties that the Operator is subject to a general obligation of means and that it is not bound by any obligation of result or reinforced means of any kind.

12.1. Accessibility to the Services Platform

The Operator undertakes to use its best endeavours to make the Services Platform accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Operator's control and subject to any breakdowns or maintenance work necessary for the Services Platform to function properly.

The Operator reserves the right to temporarily interrupt access to the Services Platform or to suspend all or part of the Services for maintenance reasons, to improve and install new functionalities, to audit proper operation or in the event of a malfunction or threat of malfunction.

The Operator shall not be held responsible for any disruptions, interruptions or anomalies that are not of its making and that affect, for example, transmissions via the Internet network and more generally via the communications network, regardless of the extent and duration of such disruptions.

12.2. Maintenance operations

12.2.1. Corrective maintenance

The Operator undertakes to do everything in its power to ensure that technical corrections are made to the Services Platform concerning any anomalies in operation and/or compliance with applicable safety standards.

The Operator provides Suppliers with a helpdesk accessible by e-mail at the following address info@buystep.com from Monday to Friday between 9 am and 6 pm.

After acceptance of the quotation drawn up by the Operator, the Supplier shall be responsible for any corrective maintenance services made necessary as a result of any malfunction which may be the consequence of :

  • Misuse by the Supplier of the Services Platform or the Services;
  • Failure by the Supplier to comply with its obligations hereunder;
  • The Supplier's failure to train its personnel;
  • The absence of sufficient details in any error report sent to the Supplier.

12.2.2. Evolution of the Services Platform

It is expressly agreed between the Parties that the Services Platform and the Services covered hereby may be subject to changes decided by the Operator with a view to adapting to technological developments or optimising its Services.

In this case, the Supplier agrees to the said changes being applied to it after having been informed of them in advance by the Operator. In the event that the Supplier does not accept the said changes, it shall then have the option of terminating this Contract in accordance with the terms and conditions set out in article 17.

12.3. Financial transparency

The Operator informs the Supplier that it is obliged to keep up to date with its tax and social security obligations concerning its activity and the transactions it carries out on the Services Platform.

13. Intellectual property rights

13.1. Licence to use the Services Platform

The Operator grants the Supplier a non-exclusive licence to use the Services Platform and any necessary associated software solution.

It is specified that this licence is non-exclusive, non-transferable and may not be considered as a transfer of ownership of any kind in favour of the Supplier. The Supplier is therefore prohibited from transferring, exchanging, lending, leasing or granting to a third party, even free of charge, any right of use granted hereunder.

This licence is granted worldwide, for the entire duration of this Contract, in consideration of the sums agreed in article 9 hereof.

Furthermore, you are reminded that any use that does not comply with the licence is liable to prosecution and constitutes grounds for termination under the conditions specified in article 17 hereof.

13.2. Operator's intellectual property

The Supplier acknowledges the Operator's intellectual property rights in the Services Platform, its components and related content and waives any right to contest these rights in any form whatsoever.

The content on the Services Platform - with the exception of the Supplier's Elements not included in the scope of the licence - is the exclusive intellectual property of the Operator and/or its partners and may not be reproduced, used or represented without the Operator's express authorisation, failing which the Operator shall be liable to prosecution.

Any total or partial representation of the Services Platform and its content, by any process whatsoever, without the express prior authorisation of the Operator is prohibited and will give rise to legal proceedings.

In particular, 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;
  • Reproduction, extraction or re-use by any means, including methods similar to scrapping, of content (photographs, descriptions, etc.) published by the Operator.

13.3. Supplier's intellectual property

The Supplier declares that it holds all intellectual property rights to the Elements published on the Services Platform and that it is personally responsible for any rights that may be held by third parties to these Elements (photographers, publishers, etc.).

The Supplier declares that the said Elements do not in any way infringe the rights of third parties, in particular that they do not constitute an infringement or an act of unfair or parasitic competition of a pre-existing work and that they do not in any way infringe the intellectual property rights of third parties. The Operator reserves the right to withdraw without delay any offer that is the subject of a complaint.

With a view to the performance of this Contract and the proper operation of the Services Platform, the Supplier grants the Operator a free and non-exclusive licence to use, reproduce, represent, adapt and make available to the public the Product Sheets and the Elements, including in particular the creations protected by copyright, as well as any visible distinctive sign with a view to the performance of this Contract and any associated contract. In particular, the Elements and the content of the Product Sheets may be used on any promotional material produced by the Operator.

This licence is valid throughout the world for the duration of this Contract and for the duration of copyright protection as defined by law.

The Operator shall in no way be held liable in the event of copying, counterfeiting, imitation and generally any reproduction and representation of all or part of the Elements published by the Supplier.

In this respect, the Supplier guarantees the Operator against any recourse or action that any third party may take in any respect whatsoever.

The Supplier hereby acknowledges that the Operator acts as a host for its Elements. In this capacity, the Operator reserves the right to withdraw any Element published on the Profiles which has been brought to its attention and which it considers to be unlawful and to suspend performance of the Services under the conditions set out in article 17 hereof.

14. Personal data

In the context of an Order made up in whole or in part of the Supplier's Products, the Supplier shall be required to process the Purchaser's data for the purposes of the proper processing of the Order, its delivery and the implementation of the after-sales service. The Supplier undertakes to process the Purchaser's personal data for these purposes only.

The Supplier is required to comply with all rules applicable to the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

It must implement all technical and organisational security measures to ensure the security and confidentiality of personal data.

The Supplier shall ensure that any service provider it uses complies with the same obligations.

The Supplier shall ensure that it communicates transparently with Buyers about the way in which it processes their personal data. In particular, it must have a contact address enabling any Buyer to exercise its rights of access, rectification, deletion, opposition, limitation of processing, portability, and not to be the subject of an automated individual decision.

15. Operator's liability

The Supplier may engage the Operator's liability if it has previously notified the Operator of the alleged breach by registered letter with acknowledgement of receipt and the Operator has not replied within thirty (30) days of receipt of this formal notice. In any event, the Operator may only be held liable in the event of proven fault.

The Operator shall be released ipso jure from any commitment or liability:

  • Linked to the actual performance of the Order and the GTCS concluded between the Supplier and the Purchaser;
  • Linked to the Elements, content and information published by the Supplier on the Service Platform;
  • If the Supplier fails to comply with its legal and regulatory obligations ;
  • In the event of direct or indirect material or physical damage suffered by a Buyer as a result of a Supplier's Product;
  • In the event of force majeure as defined by applicable law and jurisprudence ;
  • In the event of unavailability of the Services or the Services Platform due to a maintenance operation, a third party or an external cause beyond the control of the Operator;
  • In the event of a breach of these terms and conditions by the Supplier.
  • The Supplier hereby acknowledges that the Operator may not be held liable in the event of malfunctions or interruptions in the transmission networks or computer equipment of the Supplier or the user of the Services Platform. The Operator declines all responsibility in the event of loss of data, intrusions, viruses, disruption of service or other problems beyond the Operator's control.

The conditions for ranking offers are detailed in the GCU. Except in the event that the Supplier has subscribed to a dedicated optional service, the Operator shall in no way be liable to the Supplier for any incorrect positioning of its offers on the Services Platform.

Under no circumstances may the Operator be held liable by the Supplier, regardless of the type of action brought, for indirect damage of any kind, for example, and without this list being exhaustive, any financial or commercial prejudice, loss of profit, commercial disturbance, loss of earnings, prejudice to a third party, or action brought by a third party against the Supplier, as well as their consequences, linked to the present contract or its performance.

The Supplier shall be solely liable for any loss, direct or indirect, material or immaterial, caused by itself or one of its employees to the Purchaser, the Operator or third parties as a result of its use of the Services.

In any event, it is expressly agreed between the Parties that should the Operator be held liable in the context of the performance of the present Contract, such liability shall be limited solely to direct damages and, for all claims combined, to the sums paid by the Supplier to the Operator during the last month of the Supplier's activity as payment for the Services.

The Parties expressly agree that the Operator may call upon external service providers to carry out all or part of the Services. In this case, the Supplier shall be informed on request of the guarantees and levels of service offered by an external service provider, which shall be enforceable against it. In any event, the Operator will remain the Supplier's sole contact in the event of subcontracting and will only incur liability if it is shown that it has committed a serious fault or that the external service provider has not complied with the guarantees and service levels offered. The ceiling on liability set out in the previous paragraph will also apply in this case.

It is expressly agreed between the Parties that the provisions of this clause shall continue to apply even in the event of termination of this agreement.

16. Suspension of services for failure by the Supplier to fulfil its obligations

The Operator may immediately and automatically suspend the Supplier's Profile and/or all or part of an Element published by the Supplier, without compensation to the Supplier, provided that the Operator has sent the Supplier, by any written means, a statement of the reasons for the suspension at the time the suspension takes effect.

The Supplier must rectify the breaches identified within 30 days of receipt of the aforementioned letter. The Supplier shall have the opportunity to provide the Operator with any information and explanations regarding the breaches of which it is accused. At the end of this period, if the Supplier has not corrected the various breaches and/or has not provided a satisfactory response to the breaches identified, the Operator may, at its discretion, terminate these Conditions and remove the Supplier and its Product offerings from the Services Platform.

In particular, the Supplier's Profile may be suspended:

  • A continuous or repeated breach of these provisions or of the laws and regulations in force ;
  • Non-compliant use of the licence to use the Services Platform ;
  • A payment incident ;
  • The Supplier's failure to cooperate ;
  • Suspected infringement of a third party's intellectual property rights;
  • Unfair behaviour towards the Operator ;
  • Putting online offers for Products that are unauthorised or infringe the rights of third parties or of an exclusive or selective distribution network;
  • The communication of incorrect information to the Operator during the process of listing the Supplier on the Services Platform or the failure to update this information during the term of the contract;
  • Failure by the Supplier to comply with its legal obligations towards the Purchaser.

17. Cancellation

17.1. Termination at the option of each Party

The Contract is concluded for an indefinite period. Each Party has the option of terminating it by notifying the other Party at least 30 days in advance by means of a registered letter with acknowledgement of receipt.

17.2. Termination following expiry of the agreement between the Supplier and the PSP

The Contract and the agreement concluded between the Supplier and the PSP are interdependent contracts. Consequently, the Operator may freely, automatically and without delay, terminate the present Contract in the event that the agreement between the Supplier and the PSP is terminated for any reason whatsoever.

17.3. Termination for failure by a Party to fulfil its obligations

In the event of a serious or repeated breach by one of the Parties of at least one of its obligations hereunder, the Contract may be terminated by the other Party 30 days after formal notice to perform has been sent without effect.

The formal notice, which must state the alleged grievances and the obligations allegedly not complied with, will be sent by registered letter with acknowledgement of receipt and/or by e-mail.

In particular, the Contract may be terminated by the Operator if the Supplier fails to comply with the following obligations, without this list being exhaustive:

  • Any non-conforming use of the licence to use the ;
  • Providing the Operator with inaccurate information as part of the referencing process;
  • In the event of non-payment of the monthly subscription price or commissions due by the Supplier ;
  • Placing Elements online on the Services Platform in violation of rights held by third parties;
  • The Supplier's failure to comply with any legislation or regulations applicable to its activity;
  • Non-compliance by the Supplier with its tax and social security obligations;
  • Failure by the Supplier to comply with its obligation of loyalty (Article 10);
  • Repeated or prolonged breaches of its obligations;
  • Fraud and money laundering.

17.4. Consequences of termination of the Contract

Any termination, cancellation or rescission of the Contract will automatically result in the Supplier's offers being dereferenced and the Supplier being unable to access the Services, except for the processing of Orders still in progress on the effective date of termination.

The Supplier shall not be released from its obligations to the Purchasers. The Operator shall refer to the Supplier any claim initiated by a Buyer concerning one of the Products ordered via the Services Platform.

Information relating to the Supplier shall be kept visible to any Purchaser on the Services Platform for a period of two years from the end of the Contract so that Purchasers may be able to contact the Supplier regarding an Order.

The Intellectual Property, Confidentiality, Data Protection and Law and Jurisdiction sections shall continue to apply after termination under the conditions set out in the said sections, unless expressly stipulated otherwise or provided for by law or regulation.

18. Environment

Any Supplier whose sector of activity is subject to the principle of Extended Producer Responsibility must provide the Operator with its Unique Identifier(s).

It also undertakes to comply with all the obligations applicable to its activity so that the Operator cannot be held liable in this respect.

19. Confidentiality

Each Party undertakes to use the Confidential Information, directly or indirectly, in whole or in part, only for the strict performance of this Contract.

Any unauthorised disclosure may incur the liability of its author, whatever the cause of the disclosure.

The obligations of confidentiality set out in this clause shall not apply to all or any part of the Confidential Information to the extent that:

  • It was lawfully held by the receiving party prior to disclosure;
  • It has been lawfully disclosed to the receiving party by a third party without restriction on disclosure;
  • They are subject to a legal obligation of disclosure by any competent court, authority or administration.

This confidentiality clause shall survive the expiry of the Contract until such time as the Confidential Information passes into the public domain other than through a breach by the receiving party.

20. Jurisdiction and applicable law

THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE OPERATOR AND THE SUPPLIER ARE GOVERNED BY FRENCH LAW.

Prior to any recourse, the Supplier is invited to contact the Operator.

ANY DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, PERFORMANCE OR TERMINATION OF THIS CONTRACT SHALL BE SUBMITTED TO THE COURT OF STRASBOURG WHICH SHALL HAVE EXCLUSIVE JURISDICTION, INCLUDING IN SUMMARY PROCEEDINGS OR BY PETITION. WITH EXCLUSIVE JURISDICTION, INCLUDING BY REFERENCE OR BY PETITION, NOTWITHSTANDING MULTIPLE DEFENDANTS, INCIDENTAL CLAIMS, WARRANTY CLAIMS, EMERGENCY PROCEEDINGS, BY REFERENCE OR BY PETITION.

Appendix 1 - Information and documents required to apply for a listing on Buystep

Buystep notified immediately of any changes to the information provided below.

COMPANY

  • Company name: ...................
  • Siret: ...................
  • Tax reference number / SPI number: ...................
  • Intra-Community VAT: ...................
  • NAF code: ...................
  • Legal form: ...................
  • Capital: ...................
  • Date created: ...................
  • Head office address: ...................
  • Correspondence address if different: ...................

MANAGER

  • Full name: ...................
  • Function: ...................
  • Telephone: ...................
  • E-mail: ...................

ACCOUNTING

  • Full name: ...................
  • Function: ...................
  • Telephone: ...................
  • E-mail: ...................

Documents to be provided :

  • Articles of association;
  • A valid K-bis extract (less than three (3) months old);
  • A copy of the identity document(s) of the director(s) (ID card or passport) and of the beneficial owners;
  • A certificate of civil liability insurance covering the risks associated with its professional activity;
  • IBAN;
  • VAT number;
  • Unique identifier (one for each sector covered by extended producer responsibility).

Contact information

If you have any questions, or comments about these GTCU please contact BuyStep at:

For customer service inquiries, please review Your Account Settings, visit BuyStep's Support Center.

Top