TERMS AND CONDITIONS OF USE
The purpose of these conditions is to define the rights and obligations of the
different parties using this website. The present general conditions of sale are
expressly agreed by the Internet user, who:
– Declares and recognizes to have a perfect knowledge before the use of the site
– Accepts the said conditions.
WHAT DO I NEED TO KNOW ?
The purpose of these TCU is to define the terms and conditions under which TICPANGEE makes the Services available to Users on the Site, and the manner in which Users access and use these Services.
These TCU apply without restriction or reservation to any use of the Site and the associated Services.
The User acknowledges that he/she has been fully informed about the Services and in particular about their essential characteristics and that he/she has read and accepted these TCU, as well as all other instructions communicated by the Site to the attention of the Users.
In particular, the present TCU are completed with the rules relating to the protection of the personal data of the Users recorded within the Charter of Protection of the Personal Data of TICPANGEE.
TICPANGEE reserves the right to modify, at any time and without prior notice, the present TCU in order to adapt them to the evolution of the Services, the Site and/or its operation. The modifications of the TCU are opposable to the Users as from their online notification. TICPANGEE reserves the right to refuse access to the Services in case of non-acceptance of the TCU.
The present TOS are the property of TICPANGEE. Any reproduction, even partial, is
The User has, at the time of, registration on the Site, the ability to save and print
these TOS and may, at any time, consult the TOS on the Site.
Presentation of the services:
TICPANGEE is a platform whose main objective is promotion.
As such, TICPANGEE makes Buyers and Sellers a marketplace available for the promotion and marketing of their Products through virtual stores of Sellers.
The rules for the creation and management by the Sellers of the virtual stores on the Site appear in particular, in the Article, “RULES FOR THE CREATION AND MANAGEMENT OF A VIRTUAL SHOP”.
TICPANGEE does not intervene in any way in the execution of sales on the Site and cannot be considered, as such, as a party to the exchanges and agreements between Users. TICPANGEE is in no way a reseller of the Products offered for sale on the Site.
Access to the Site, as well as the search, consultation and publication of User Content are free.
The Services made available to Users by TICPANGEE allow them to:
Search and consult the advertisements for the sale of Products present on the Site using search criteria and predefined categories.
Create a personal User Account in order to
Publish ads for the sale of Products as a Seller and respond to ads for the sale of Products as a Buyer.
Exchange with other Users in order to exchange, buy or sell Products.
TICPANGEE also provides Sellers with paid sponsored ad services to increase the visibility of Products on the Site. The subscription to these Sponsored Ad Services as well as the associated general terms and conditions of sale are accessible via the Seller’s User Account or upon request to TICPANGEE.
SEVERABILITY OF THE GENERAL CONDITIONS OF USE
If, for any reason whatsoever, one of the clauses of the present TCU cannot be applied, in particular as a result of a judicial annulment, it will then be deemed unwritten, without invalidating the TCU, nor altering the validity of its other stipulations.
ACCESS TO SERVICES
1.CONDITIONS OF REGISTRATION
Concerning the Users acting as private sellers, the access to the Site and the use of the Services are strictly reserved to persons aged 18 years and over, having the legal capacity to sell their Products anywhere in the world. Any registration to the Services on the Site by a minor is prohibited. By accessing, using or registering on the Site, the User declares and guarantees to be 18 years of age or older.
Concerning Users acting as professional Sellers, access to the Site and the use of the Services are strictly reserved to entities registered in the Trade and Companies Register or in the Trade Register, whose head office is located in Europe or elsewhere and acting in the context of their usual professional activity.
In this respect, TICPANGEE reserves the right to request any supporting document (in particular proof of registration, identity cards of the person(s) authorized to represent the company, etc.) from any User, even after registration on the Site.
The publication of advertisements for the sale of Products is a service reserved for Sellers of Products belonging to an exhaustive list of categories determined by the administration of the site. TICPANGEE reserves the right to delete the account of a Seller who does not respect the conditions of the virtual stores.
The User agrees to use the Services only and exclusively for strictly personal purposes, it being specified that any reproduction, representation, publication, broadcasting or modification or extraction of the content of the Services and/or the Site is prohibited.
The User agrees not to undermine, in any way whatsoever, the proper functioning of the Services and the Site.
As a host and marketplace, TICPANGEE is not responsible for controlling the nature of the Products offered for sale on the Site by the Sellers.
However, the sale of certain Products on the Site is strictly forbidden.
In general, this concerns any Product whose sale is contrary to :
National (country of shipment and destination) and/or European and/or international laws and regulations.
Public order and good morals.
The values and philosophy of the TICPANGEE website.
The rights of Third Parties and in particular intellectual property rights.
Prohibited Products are notably the following (non-exhaustive list).
Dangerous, toxic or harmful products or articles such as dangerous materials, weapons etc.
Alcohol, tobacco, drugs and any other controlled substances and any materials
associated with their consumption or use.
Products or articles of animal and/or human origin (with the exception of teeth and
hair, the sale of which is authorized in France and in certain countries under certain
conditions) or composed of materials from prohibited or protected animals.Products or articles that glorify crimes against humanity, incite racial hatred, involve child pornography, incite violence or hatred, or offend human dignity.
Products or articles of an erotic and pornographic nature.
Counterfeit products, copies, imitations of works and/or brands and/or designs and/or protected patents.
Products subject to particular regulations (community standards, administrative declarations, etc.). In this case, the Seller undertakes to strictly respect the applicable regulations.
TICPANGEE treats it as a priority ,the respect of the regulations in force and the values of TICPANGEE, as well as the respect of the rights of Third Parties when events are brought to its attention. Therefore, any product that may infringe on these principles may be deactivated and/or removed by our technical team at any time without notice.
The User is invited to contact TICPANGEE for any question related to the Prohibited Products.
3.CREATION OF A USER ACCOUNT
To benefit from the Services, the User is invited to create a User Account on the Site in order to allow him/her to
To search and consult the advertisements of sale of Products.
To publish announcements of sale or exchange of Products.
To interact with other Users to order Products.
The User Account login and password are strictly personal and confidential. The User undertakes to guarantee the confidentiality of the login and password chosen when creating the User Account and is prohibited from communicating them to Third Parties.
The User agrees not to create or use, under his own identity or that of a Third Party, other User Accounts than the one initially created.
TICPANGEE reserves the right to refuse any new request to create a User Account on the Site, from a Seller whose User Account has been closed on two (2) occasions.
In this respect, the User agrees not to use the Services for illegal purposes or in a manner that constitutes fraud against TICPANGEE, other Users or Third Parties.
The User undertakes not to delete and/or modify the data present on the Site that has not been transmitted or published by him. The User also undertakes not to fraudulently introduce data, in particular viruses, malicious codes or any other technology that may disrupt the proper functioning of the Services.
The User shall take all appropriate measures to ensure the security of his own data, in particular identifiers and passwords, and the backup of User information and Content.
Each User may report at any time all or part of a content of the Site, any abusive use, or any failure of the Site and/or the Services that could affect their proper use of the Site and the Services.
Any User who considers that certain information available on the Site is inaccurate, or even illegal, or has an offensive, discriminatory or defamatory character, is invited to submit a notification.
In application of article 6. I. 7 of the law for confidence in the digital economy of June 21, 2004 (n°2004-575), the User must bring to the attention of TICPANGEE any message that is an apology for crimes against humanity, incites racial hatred, touches on pornography, incites violence or offends human dignity.
The notification takes the form of an email addressed to TICPANGEE. via a form of contact placed at the disposal on the Site in which the User will declare his name, address and the description of the litigious facts.
The notification must include the description of the litigious facts and their precise location on the Site, the reasons for which the content must be removed, including the mention of the legal provisions and the justifications of facts. If possible, the User should send a copy of the correspondence addressed to the author of the litigious information or activities requesting their interruption, withdrawal or modification, or the justification that the author could not be contacted.
The attention of the User, author of a notification, is drawn to the fact that an inaccurate denunciation is likely to expose him to penal sanctions and agrees to guarantee TICPANGEE of the possible consequences of an abusive notification.
TICPANGEE undertakes to react promptly to any notification from a User that is made in a proper and prima facie manner.
TICPANGEE will take care to preserve the anonymity of the User, author of the litigious remarks, while reserving the right to take any useful measure against him.
ABOUT THE SELLER AND THE BUYER
1.VERIFICATION OF INFORMATION
The User agrees to provide accurate and compliant personal information and to update it to ensure its relevance and accuracy throughout his use of the Services.
This information includes, but is not limited to: last names, first names, e-mail addresses, passwords and any information that can be used to create a User Account.
TICPANGEE reserves the right to set up a system for verifying the information provided, in particular the telephone number or the identity document. The purpose of these verifications is to guarantee the proper functioning of the Services and to ensure optimal security for all Users and are carried out in compliance with the Personal Data Protection Charter.
2.SUSPENSION AND CLOSURE OF ACCOUNTS
The User may at any time deactivate his account without notice and without reason by contacting the Ticpangee teams via the support address on the contact form.
In any case, the User remains responsible for all uses made of the Services under his identifiers until the effective closure of the accounts.
Following the closure of the accounts, Ticpangee reserves the right to keep in its archives, for a period of time in accordance with the applicable legal provisions, all information relating to the User that may resolve a dispute or contribute to the execution of these TCU. The User’s information will however no longer be accessible on the Site.
TICPANGEE reserves the right to suspend or permanently deactivate a User’s Account following a consecutive period of inactivity exceeding one (1) year. In this case, Ticpangee undertakes to inform the User in advance by any means. In case of deletion of a User Account following prolonged inactivity, all data attached to the User Account will be automatically and permanently lost.
The User’s failure to comply with these GTUs and/or the illicit and/or abusive use of the Services, shall entitle TICPANGEE to interrupt, suspend or delete access to the Services, without prejudice to the right to any damages that TICPANGEE may claim. Any suspension or deletion of the User Account will be notified by sending an e-mail.
Registration is valid for an indefinite period and the User is free to terminate his use of the Services at any time by making a request directly to the TICPANGEE team.
TICPANGEE will proceed to close the User Account within a maximum of five (5) days from the request for termination.
The User is informed that the deletion of the User Account and in particular of the Virtual Store may in some cases take more than five (5) days, depending on the specific circumstances of the deletion request (pending orders, disputes etc.).
TICPANGEE reserves the right to terminate the User’s Account at any time, subject to a minimum notice of three (3) months from the sending of the notification to the User.
In the event of non-performance or poor performance of its obligations, TICPANGEE reserves the right to apply the following sanctions:
Immediate temporary or definitive withdrawal of the Seller’s Products from the Site.
Temporary or definitive prohibition to put one or more Products online.
Suspension of the User Account.
Termination of the Account after a prior formal notice that has remained unsuccessful for a period of thirty (30) days, it being understood that the termination will be automatic, without prior formal notice in case of serious breach or repeated breaches by the User.
Upon termination, all Products of the Seller are immediately removed from the Site. The User’s Account is deactivated, if all orders in progress at the date of termination are processed and if all claims relating to past orders are definitively resolved.
In all cases of closure of a Seller’s User Account and whatever the party at its initiative, the Seller is required to complete the execution of any order of a Buyer in progress at the date of closure and to ensure its legal and contractual obligations relating thereto, in particular the proper management of claims until their final resolution.
When the User Account becomes inaccessible, TICPANGEE reserves the right to communicate to the Buyer the Seller’s contact information.
In case of termination and for any reason whatsoever, all the sums due by the Seller are immediately payable, TICPANGEE reserving the right to automatically deduct the sums due from the Seller’s Electronic Wallet, which the Seller accepts in advance.
TICPANGEE reserves the right to withhold the sums related to the sales and claims available on the Seller’s e-wallet on the day of the closing of the User Account for a period of 45 days in order to proceed with the verifications and if necessary the reimbursement of the Buyers.
TICPANGEE’s responsibility falls under the status of host and does not control the User Content before it is put online on the Site.
TICPANGEE undertakes to exercise all due diligence in the execution of the present GTC. In particular, Ticpangee uses all reasonable means at its disposal to ensure quality distribution and access to the Services. In this respect and for all of its obligations, TICPANGEE is bound by an obligation of means.
TICPANGEE shall not be held responsible for any damage, direct or indirect, that may occur as a result of the use of the Services provided, which does not comply with the present terms. In the same way, Ticpangee declines all responsibility for the proper functioning of the User’s computer equipment and Internet access.
TICPANGEE shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenue, whether directly or indirectly caused, or any loss of data or other irrecoverable losses, resulting from access to or use of or inability to access or use the Services or from unauthorized access to, use of or modification of transmissions or content.
TICPANGEE does not intervene in the modalities of ordering services between Users.
Therefore, Ticpangee cannot be held responsible for:
a failure of an order, a change in the conditions relating to it or any incident that may occur in the relationship between the Users;
the activity of the Users, who are independent entities acting for their own accounts. In particular, each User is responsible for any direct or indirect damage that could be caused by the services sold by them.
In particular, the User acknowledges that Ticpangee does not intervene in any way in the exchanges between Users. As such, TICPANGEE is under no obligation to resolve and/or compensate for the consequences of any dispute that may arise between them.
TICPANGEE cannot, due to the specificities of the services provided by the Internet, guarantee the continuity of the Services. TICPANGEE and/or its service providers cannot be held responsible for any malfunction of the network or servers or any other event beyond their reasonable control, which would prevent or degrade access to the Services or cause any damage whatsoever.
TICPANGEE declines all responsibility in case of unavailability of the Services resulting from a case of force majeure, in particular:
Anomalies of any kind in the computer equipment;
Unpredictable and insurmountable acts of a Third Party to the contract;
Unavailability of the Internet network.
The Site may contain hypertext links to websites or resources from Third Parties. As such, each User acknowledges that Ticpangee is not responsible for the availability or accuracy of such websites or resources, the content, products or services available on or from such websites or resources. The presence of links to such websites or resources does not indicate that Ticpangee endorses them or the content, products or services offered on them. The User acknowledges that he/she is solely responsible for and assumes all risks associated with the use of any such websites or resources, or the content, products or services offered through such websites or resources.
The User is responsible for the use of his/her online account and for maintaining the personal and confidential nature of his/her login and password. As such, the User agrees to notify Ticpangee in writing of any loss or disclosure of information that could allow a Third Party to learn of the login credentials and to ensure that the User logs out of the account at the end of each session.
APPLICABLE LAW AND DISPUTES
These TCU are governed by and subject to French law.
The User and TICPANGEE shall endeavor to resolve amicably any disputes that may arise concerning the validity, interpretation or performance of these Terms and Conditions.
If no amicable agreement can be reached, the User may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method.
The individual User is invited to contact Ticpangee to find out the identity of the competent mediator.
In addition, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase in order to forward them to the competent national mediators. This platform is accessible under the following link http://ec.europa.eu/consumers/odr/
If the User is a professional, the Commercial Court of Rennes will have sole jurisdiction to hear any dispute relating to the performance and/or interpretation of the GTU, including in the event of a warranty claim and multiple defendants.