FRENCH VERSION (English version Below)

GENERAL CONDITIONS OF SALE MARKETPLACE

Version updated to July 22, 2021

 

The company Hameur Vlassenko Corporation, trade name CookMarket, limited liability company, with capital of 1,000 Euros, registered in the Bordeaux Trade and Companies Register under number 879 882 348, whose head office is located at 230 RUE LECOCQ 33000 BORDEAUX (hereinafter referred to as “COOKMARKET”).

 

These Marketplace General Terms and Conditions of Sale (hereinafter the ” Marketplace GTC “) apply in addition, with regard to Buyers, to the Buyers T & Cs and, with regard to Sellers, to the Sellers T & Cs, in which are defined the capitalized terms used in these Marketplace T & Cs.

 

The Marketplace T & Cs apply to all sales of Products made on the Marketplace between the Seller and the Buyer, whether from the Site. 

 

They are intended to govern the relations between the Sellers and the Buyers of Products, to the exclusion of those which are formed between the Buyers and COOKMARKET or between the Sellers and COOKMARKET

 

The relations between the Buyers and  COOKMARKET are governed by the Buyers T & Cs. 

 

The relations between the Sellers and  COOKMARKET are governed by the Seller T & Cs.

 

COOKMARKET is not the seller of the Products purchased through the Service; only the Seller, whose name or reference is indicated on the description of each Product, is the Buyer’s co-contractor for the purchase of said Products. 

 

The Products cannot therefore be returned or exchanged by COOKMARKET. The Products will be invoiced by the Sellers concerned and not by COOKMARKET .

The Products sold on the Marketplace are new products at a firm price. So-called “customizable” or modifiable products may also be referenced by the Sellers. In this case, said products may, at the request of the Purchaser, be transformed before being shipped (hereinafter referred to as “ Personalized Products ”).

 

1. CONCLUSION OF THE SALES CONTRACT

  1. The Products are presented on the Site with a description enabling the Purchaser to know their essential characteristics, their price, as well as their availability.
  2. The Buyer selects the Product (s) he wishes to purchase.
  3. He confirms his choice of Product (s) and reads and accepts these Marketplace GTC by clicking on validation. 
  4. Option 1: The Buyer chooses the option of payment by credit card: He proceeds to payment via the secure Stripe payment form, made available. The Buyer’s bank account will be debited for the amount of the order.

Option 2: The Buyer chooses the option of payment by transfer: He confirms the order and receives by email the banking information of the seller (s) in order to make the payment directly from his bank account.

He will make sure to use the order ID as the payment reference.

  1. The Buyer receives an email confirming that his order has been taken into account. 
  2. In the case of option 1: The COOKMARKET platform receives on its Stripe account, the service fees for the sale, for a total of 13.6% of the amount paid by the Buyer. The Seller receives the remaining amount on his Stripe account. The Stripe platform retains in user fees, the Seller, 1.4% + 0.25 euros, of the amount paid by the Buyer.

In the case of option 2: The Seller receives in his account the sum paid by the Buyer. The Seller undertakes to pay back to COOKMARKET ‘account, the service charges for the sale of a total of 13.6% of the amount paid by the Buyer, within 30 days of receipt of the invoice by COOKMARKET,

  1. The Seller is informed by COOKMARKET that one or more of the Products he has listed on the Marketplace have been the subject of an order by a Buyer (hereinafter the “Order Confirmation ”).
  2. In the event of exceptional unavailability of the Product, the Seller undertakes to inform the Buyer thereof within three (3) working days of the Order Confirmation referred to in point (e) above. The Seller undertakes to reimburse the Buyer for the amount debited during the order within thirty (30) days. In this situation, the contract concluded between the Buyer and the Seller is automatically terminated and each of the Parties is released from its obligations. In the event that the Buyer has ordered several Products, only the part of the contract relating to the sale of the unavailable Product is affected by this resolution.
  3. The Seller undertakes to respect the deadline mentioned on the product sheet to ship the Product.
  4. The Purchaser must immediately confirm receipt of each Product ordered. Failing this, the Product will be deemed to have been received within thirty (30) days from the date of shipment.

2. PRICE AND PAYMENT

The prices of the Products referenced on the Marketplace are freely set by each Seller, in compliance with applicable laws and regulations. The price of the Products is stated in Euros, and is understood to be exclusive of tax. The prices displayed on the Site show the unit amount of any eco-contributions (in particular the WEEE eco-contribution, the DEA eco-contribution). For professional purchases, made on behalf of a company with a VAT number, the total amount payable will be displayed in the shopping cart. The amount of delivery costs is calculated and included in the price of the product posted by the Seller. Order payments are made in cash, using one of the following payment methods:

  • by credit card via the secure Stripe platform (Visa, Mastercard, Carte Bleue, American Express);
  • Wire Transfer

All payments are secured by SSL encryption protocol. 

 

The dispatch of the order by the Seller will be made only after receipt of the payment paid by the Buyer, on the Seller’s account.

 

3. BILLING OF THE PARTIES

For each sale of a Product, the Seller sends the Buyer an invoice for the total amount of the sale paid by the Buyer:

  • either included in the delivery package,
  • or sent by email to the Buyer by the Seller.

COOKMARKET invoices the Seller by e-mail, a sales service charge totaling 13.6% of the amount paid by the Buyer. 

 

4. MODES AND COSTS OF SHIPPING

Products can only be shipped to addresses located in Mainland France, Monaco, Belgium. Except in the case of the Sale of Personalized Products, the Seller undertakes to send the Purchaser the Product (s) ordered within the period shown on the product sheet, from receipt of payment; the Seller making a firm commitment to ship the Products within the specified time. The Products are delivered to the address provided by the Purchaser when placing the order. It is therefore the sole responsibility of the Purchaser to ensure that the information that he communicates to  COOKMARKET for this purpose is and remains correct and that they will enable him to receive the Products that he purchases on the Site. Once the Product has been shipped, the Seller will inform the Purchaser of this by communicating, if applicable, the delivery tracking number. The Products travel at the expense and risk of the Seller.

 

5. RIGHT OF WITHDRAWAL

For any Purchase made on the Marketplace, the Buyer has a period of fourteen (14) days from receipt of the Product (s) ordered to exercise, from said Seller, his right of withdrawal, without have to provide justification or pay a penalty (hereinafter the “Right of Withdrawal”). Notwithstanding the foregoing, the Right of Withdrawal does not apply to:

  • Personalized products or tailor-made products;
  • Products that have been installed;
  • Products that can deteriorate or perish quickly (food products);
  • Opened and non-returnable products for reasons of hygiene or health protection (in particular products intended for contact with food);
  • computer hardware (personal computers, workstations, server, tablets, smartphone, etc.) on which licensed software solutions are preinstalled.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product (s) subject to the right of withdrawal will be reimbursed by the Seller, the return costs remaining the responsibility of the ‘Buyer. The Products subject to the right of withdrawal must be returned within fourteen (14) days following the exercise of this right, in their original condition and complete (packaging, accessories, instructions, etc.) in a packaging identical to that used during shipping. The Products covered by the right of withdrawal travel at the risk of the Purchaser. The refund will only be made after receipt by the Seller of the products concerned. The Buyer exercises his right of withdrawal directly from the Seller concerned, by e-mail or directly using the messaging tool made available on the Seller’s file on COOKMARKET.FR. The Buyer must return the Products to the address indicated by the Seller. The reimbursement of returned Products is made by the Seller by crediting the Buyer’s account used for the order, as soon as possible and at the latest within thirty (30) days following the date on which the right was exercised.

 

6. DISPUTES – DISPUTES

5.1 Reservations with the carrier

In the event of transport damage or missing merchandise (in particular when the package is clearly damaged), the Purchaser will be required (i) to make all precise and reasoned reservations (i) upon receipt on the waybill in presence of the carrier or (ii) within three (3) days of delivery by registered letter with acknowledgment of receipt sent to the carrier, in accordance with Articles L133-3 et seq. of the French Commercial Code. The Buyer must also send a copy of these reservations to the Seller by e-mail or via the messaging tool provided. In the absence of reservations within the time limit, the goods will be deemed to have been received in good condition.

5.2 Damaged or non-compliant product

Any Buyer has the option of reporting to the Seller using the messaging tool made available to them on their Personal Space or by e-mail, within 30 days of receipt of any Product, any claim. concerning the Products ordered, according to the following criteria:

  • Product not received: the Product has not been received by the Purchaser;
  • Non-compliant Product: the Product received does not correspond to the Product ordered;
  • Damaged Product: the Product received is broken or damaged.

Disputes are settled directly between the Buyer and the Seller, using the messaging tool made available to them on their Personal Space or by e-mail. If the Product is returned by the Purchaser, the product must be shipped in the condition in which it was received, in its original packaging, with all the accompanying elements (instructions, accessories, packaging, etc.) The Buyer and the Seller will make their best efforts to reach an amicable resolution of the dispute. If the Buyer’s claim is justified, the dispute declared by the latter will give rise either to the return of the ordered Product or to its reimbursement.

 

7. GUARANTEES

6.1 Contractual guarantee

The products sold on the Marketplace can benefit from a guarantee supported by the Sellers. The duration of these guarantees varies depending on the Product in question. The latter is mentioned on a case-by-case basis by the Sellers on the product sheets.

6.2 Legal guarantees

The Merchant acting in a professional capacity undertakes to comply with the legal and regulatory provisions relating to the exercise of a commercial distance selling activity.

As such, and with the exception of the contractual guarantee offered, the Merchant is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. Of the Consumer Code and the legal guarantee against hidden defects such as provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

COOKMARKET cannot be engaged in any way whatsoever in the guarantees assumed by the Merchants.

 

8. PERSONAL DATA

This article supplements the stipulations relating to personal data appearing in the Buyer T & Cs and the Seller T & Cs. The Buyer and the Seller are informed that all the data collected within the framework of the Marketplace during the placing of orders are processed by COOKMARKET for the purposes of processing said orders. The information and data of the Buyers relating to the delivery are transmitted by COOKMARKET Direct to the Sellers for the sole purpose of enabling them to ship the Products ordered and to establish the invoice. They may under no circumstances be used by the latter for other purposes, in particular for sales canvassing purposes. 

In case of difficulty concerning the processing of this data, the Buyer and the Seller can contact COOKMARKET directly, under the conditions set, as the case may be, in the Buyer T & Cs or in the Seller T & Cs. The Sellers undertake to ensure the security of the personal data that they keep for the purposes of carrying out and monitoring orders.

 

9. PARTIAL NULLITY

If one or more stipulations of these T & Cs are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope.

 

10. APPLICABLE LAW

These general conditions are subject to French law. Any dispute relating to their interpretation and / or their execution is a matter for French courts.

 

GENERAL CONDITIONS OF USE MARKETPLACE

Version updated on July 22, 2021

 

The company Hameur Vlassenko Corporation, trade name COOKMARKET.fr, limited liability company, with capital of 1,000 Euros, registered in the Bordeaux Trade and Companies Register under number 879 882 348, whose head office is located at 230 RUE LECOCQ 33000 BORDEAUX ( hereinafter “ COOKMARKET or “the OPERATOR”) publishes and operates the internet platform accessible at the following address: https://www.cookmarket.fr/ ( hereinafter “the PLATFORM”). 

 

The PLATFORM offers an intermediation service between professional sellers ( hereinafter “the SELLERS” ) and professional buyers ( hereinafter “the CLIENTS” ) for the distribution of equipment, consumables and fittings for professionals. ( hereinafter “the PRODUCTS” ).

In this context, it is recalled that  COOKMARKET only intervenes as a simple technical intermediary and does not moderate the content published by the SELLERS. Except in cases where  COOKMARKET intervenes directly as SELLER,  COOKMARKET ‘role is limited to hosting offers from SELLERS on the PLATFORM and putting them in touch with CUSTOMERS.

Furthermore, the sale of PRODUCTS to CUSTOMERS is not governed by these General Conditions of Use but by the SELLER’s General Conditions of Sale or, failing that, the “Marketplace” General Conditions of Sale accessible at the following address: https://cookmarket.fr/terms-of-use/

ANY USE MADE FOR ANY PURPOSE OF THE PLATFORM MUST BE IMPLIED UNRESERVED ACCEPTANCE BY THE USER OF THESE GENERAL CONDITIONS OF USE (T & Cs).

ARTICLE 1. DEFINITIONS 

The terms mentioned below have the following meaning in these GENERAL CONDITIONS OF USE:

  • BACK-OFFICE ”: designates the interface allowing the SELLER to access his personal space, in particular for the management of products, offers, orders and messaging. 
  • “CUSTOMER” : refers to any natural or legal person acting as a professional, accessing the PLATFORM and purchasing PRODUCT (S) from a SELLER.
  • “ORDER” : refers to the purchase of any PRODUCT from the SELLER by a CUSTOMER via the PLATFORM.
  • “ACCOUNT” : refers to the interface hosted on the PLATFORM in which all the data provided by the CUSTOMER is grouped together. Access to the ACCOUNT is through IDENTIFIERS.
  • “GENERAL CONDITIONS OF USE ” or ” T & Cs “: refers to the present contractual conditions made available on the home page of the PLATFORM, in order to regulate the use thereof by any USER. 
  • “GENERAL CONDITIONS OF SALE” MARKETPLACE “(or GTC” Marketplace “): refers to the contractual conditions of the SELLER or, failing that, those of COOKMARKET, governing the sale of products by SELLERS to CUSTOMERS.
  • SPECIAL CONDITIONS / GENERAL CONDITIONS OF SELLER SERVICE (OR SELLER CP-CGS)” : refers to the contractual conditions governing the provision of SERVICES of the PLATFORM via the BACK OFFICE by COOKMARKET to SELLERS.
  • “IDENTIFIERS” : refers to the email address and password entered by the CUSTOMER when creating his ACCOUNT, necessary for access to his ACCOUNT on the PLATFORM
  • MARKETPLACE “: refers to the marketplace accessible via the PLATFORM and allowing SELLERS to be put in touch with CUSTOMERS for the sale of PRODUCTS.
  • PLATFORM “: refers to the internet PLATFORM accessible at the address https://www.cookmarket.fr. The PLATFORM brings together all the web pages, services and functionalities offered to USERS and in particular the MARKETPLACE.
  • “PAYMENT SERVICE PROVIDER” : refers to the company, holder of a banking license, providing, through COOKMARKET, payment services to SELLERS in order to enable them to collect payments from CUSTOMERS.

The PAYMENT SERVICE PROVIDER of the OPERATOR is the company STRIPE approved as a payment institution by the Commission de Surveillance du Secteur Financier (CSSF), authorized to exercise its activity in Europe.

Any guarantee as to the security of this system is entirely the responsibility of Stripe and cannot be attributed to COOKMARKET.

  • “PRODUCT” : refers to all the equipment, consumables and fittings for professionals offered by the SELLER to the CUSTOMER via the PLATFORM
  • “SERVICES”: refers to all the services offered by COOKMARKET to USERS through the PLATFORM, and in particular the linking of CUSTOMERS with SELLERS.
  • USER “: designates any person who accesses and browses the PLATFORM, whether SELLER, CUSTOMER, or simple Internet user.
  • “SELLER” : groups together the SELLERS whose PRODUCTS are referenced on the MARKETPLACE.

ARTICLE 2. PURPOSE

The purpose of these GENERAL CONDITIONS OF USE concluded between COOKMARKET on the one hand and the USER on the other hand, is to establish the contractual provisions relating to the respective rights and obligations of the PARTIES within the framework of the use of the PLATFORM and of all the SERVICES offered there.

ARTICLE 3. ACCEPTANCE OF GENERAL CONDITIONS 

The use of the functions of the PLATFORM and the SERVICES implies acceptance of these T & Cs.

Thus, the USER undertakes to carefully read these T & Cs when accessing the PLATFORM and is invited to download and print them and keep a copy.

It is specified that these T & Cs are referenced at the bottom of each page of the PLATFORM by means of a hypertext link and can thus be consulted at any time.

ARTICLE 4. TECHNICAL SPECIFICATIONS 

By using the PLATFORM, the USER acknowledges having the means and skills necessary to use the PLATFORM.

The equipment necessary for access and use of the PLATFORM are the responsibility of the USER, as are the telecommunications costs incurred by their use.

ARTICLE 5. ROLE OF THE OPERATOR 

5.1. Content of COOKMARKET intervention 

On the PLATFORM, COOKMARKET can have two distinct roles:

  • Intervention as a simple intermediary 

The PLATFORM published by  COOKMARKET consists of putting in contact, electronically, USERS having the quality of SELLERS and CUSTOMERS with a view to the sale of PRODUCTS.

COOKMARKET does not exercise any control over the execution of the sales of PRODUCTS and does not intervene in the transaction carried out between the SELLER and the CUSTOMER.

The sales contract is therefore concluded exclusively and directly between the SELLER and the CUSTOMER,  COOKMARKETacting as a simple technical intermediary.

All the indications on the prices of the PRODUCTS and their descriptions are established by the SELLERS, without the intervention of  COOKMARKET, which is remunerated only on a commission deducted from the sales of PRODUCTS purchased by the CUSTOMERS from the SELLERS (service fees).

Finally, it is specified that these General Conditions of Use in no way confer on USERS the quality of employee, agent, agent or representative of COOKMARKET.

5.2. Loyalty, Clarity and Transparency 

5.2.1. General provisions 

As an online platform operator,  COOKMARKET acts in a neutral, clear and transparent manner.

COOKMARKET has no capital link or any legal dependence with any of the SELLERS listed on the PLATFORM which would influence the classification or referencing of the PRODUCTS.

The PRODUCTS presented to Internet users on the PLATFORM are referenced as follows:

– A selection of PRODUCTS can be referenced on the home page according to news, seasonality and commercial policy.

– The PRODUCTS are referenced by departments, families and sub-families. Within each category, the “best sellers” are first displayed. The USER can in particular select according to the following referencing methods:

o Sorting by popularity;

o Sorting by average scores;

o From the most recent to the oldest;

o By increasing rate;

o By decreasing price.

– The USER can also carry out a search via the search engine made available to them by COOKMARKET.

The USER is informed that COOKMARKET does not favor any SELLER by presenting its PRODUCTS as a priority.

The PRODUCTS sold by COOKMARKET are favored and are referenced in priority over other PRODUCTS marketed by SELLERS on the MARKETPLACE.

5.2.2. Financial transparency

In accordance with articles 242 bis and 171 AX of the General Tax Code (CGI), the OPERATOR undertakes to:

– Provide all SELLERS with as precise information as possible on their civil and fiscal obligations in connection with the sale of their PRODUCTS via the PLATFORM ( cf. Annex 1: Information on civil and fiscal obligations );

– If necessary, communicate to the tax authorities the information legally requisitioned by it.

ARTICLE 6. CONDITIONS OF ACCESS AND REGISTRATION 

Any USER can access the PLATFORM, consult the PRODUCTS and benefit from the SERVICES described in article 7.1 of these T & Cs.

The USER wishing to become a CUSTOMER or become a SELLER is invited to follow the registration procedure defined below.

Article 6.1. Registration procedure as a SELLER

The USER who wishes to become a SELLER must register via the registration form on the website https://cookmarket.fr/my-account/ , while checking the box “I am a seller”.

The USER, who becomes a SELLER, guarantees at the time of validation of his registration by  COOKMARKET that the data he communicates is accurate, sincere and in accordance with reality. If his situation changes, the SELLER must immediately inform  COOKMARKET of his new information.

In the event that the SELLER provides inaccurate or non-updated information, COOKMARKET may immediately, without notice or compensation, suspend or terminate the SELLER’s account.

Registration as well as the contractual relations between  COOKMARKET and SELLERS wishing to offer PRODUCTS on the PLATFORM are governed by the SELLER CP-CGS available on request to the COOKMARKET sales department by email at the following address: contact@cookmarket.fr

Article 6.2. Registration procedure as a CUSTOMER

Any USER wishing to have full access to all the free functions offered by the PLATFORM must first create an ACCOUNT to become a CUSTOMER.

Purchases made on the PLATFORM must be made exclusively for the purposes of carrying out a professional activity. If the CUSTOMER is a legal person, the natural person who purchases on behalf of the CUSTOMER acknowledges being duly authorized for this purpose.

Registration on the PLATFORM as a CUSTOMER is free.

Registration on the PLATFORM can be done in two ways:

– At the time of an order;

– By clicking on the “CONNECT” tab.

To create an ACCOUNT, the USER is invited to provide various information concerning him.

The USER wishing to become a CUSTOMER undertakes to provide A COOKMARKET with accurate, loyal and up-to-date data, which does not infringe, in any capacity whatsoever, the rights of third parties and to communicate to  COOKMARKET any necessary update of the data communicated during registration.

Finally, the USER must validate these T & Cs before finalizing his first order.

Once the registration form has been completed, a confirmation email is sent to the CLIENT. The e-mail address and the password constitute the CUSTOMER IDENTIFIERS.

The CUSTOMER undertakes to create only one and only one ACCOUNT on the PLATFORM. COOKMARKET declines all responsibility for the harmful consequences that the use of multiple ACCOUNTS could have for a single CUSTOMER.

The USER is entirely responsible for the accuracy and updating of the data communicated within the framework of the opening and management of his ACCOUNT.

6.2.1. Management of IDENTIFIERS 

The CUSTOMER will be solely responsible for the use of his IDENTIFIERS or the actions made through his COOKMARKET.

In the event that a CUSTOMER discloses or uses his IDENTIFIERS in a manner contrary to their intended purpose,  COOKMARKET may then terminate the ACCOUNT without notice or compensation.

In any case,  COOKMARKET can not be held responsible in the event of the usurpation of the identity of a CUSTOMER. Any access and action carried out from the ACCOUNT of a CLIENT will be presumed to be carried out by this CLIENT, insofar as  COOKMARKET has no obligation and does not have the technical means to ensure the identity of the persons having access to the PLATFORM from an ACCOUNT.

Any loss, misappropriation or unauthorized use of a CLIENT’S IDENTIFIERS and their consequences are the sole responsibility of the CLIENT, the latter being required to notify COOKMARKET, without delay, by e-mail sent to the following address: contact @ cookmarket.fr

6.2.2. Unsubscribe 

The CUSTOMER can close his ACCOUNT at any time by sending a request by email to the address: contact@cookmarket.fr, COOKMARKET will deactivate the ACCOUNT as soon as possible and send the CUSTOMER an email confirming the closure of his ACCOUNT. and the permanent deletion of all of its elements on the PLATFORM. 

ARTICLE 7. SERVICES 

Article 7.1. SERVICES offered to any USER 

Any USER can access the PLATFORM free of charge, as well as to its various functions.

One of the main SERVICES offered by COOKMARKET consists in offering any USER the possibility of searching for specific PRODUCTS using the different tabs or using the search engine.

It is expressly stated that the USER will not have access to the personal identities of SELLERS offering PRODUCTS via the PLATFORM.

7.1.1. Search by category

When the USER clicks on the “All products” tab, the USER will be able to access the various permanent categories of PRODUCTS.

There are also additional categories varying according to current events (for example “BLACK FRIDAY”, “Christmas” etc.)

By clicking on the category of his choice, the USER will be able to access sub-categories referencing all the PRODUCTS offered for sale.

7.1.2. Search by business

When the USER clicks on the “Your business” tab, the USER will be able to access the various business sites.

By clicking on the business Site of his choice, the USER is redirected to a Site offering categories of PRODUCTS refined according to the selected business.

7.1.3. Search by search engine 

The USER can also, when looking for a particular PRODUCT, use the search engine.

In such a case, the results corresponding to his search will be presented to him by default according to a decreasing relevance criterion.

This relevance criterion is determined as follows: The PRODUCTS showing in their tags, their title or their content the most links with the keywords used are displayed as a priority.

Article 7.2. SERVICES offered to CUSTOMERS

By creating an ACCOUNT, any CUSTOMER will be able to access the functions reserved for CUSTOMERS only, which are as follows:

7.2.1. PRODUCT ORDERS 

Only professional customers will be able to place an order for PRODUCTS offered by SELLERS via the PLATFORM.

It is specified that the CUSTOMER does not have access to the personal identity and contact details of the SELLER when he proceeds to the purchase of PRODUCTS.

7.2.2. Access to the ACCOUNT dashboard 

By creating an ACCOUNT, the CUSTOMER will have access to a dashboard which will allow him to modify his personal information.

The CUSTOMER can also follow his ORDERS.

Finally, the CUSTOMER will be able to access the history of all his ORDERS, including orders made in store.

Article 7.3. SERVICES offered to SELLERS 

COOKMARKET offers its professional USERS to become SELLERS in order to benefit from certain SERVICES, and in particular to be able to be put in touch with CUSTOMERS to offer its PRODUCTS.

For this, potential SELLERS are invited to follow the steps described in article 6.1. hereof.

ARTICLE 8. OBLIGATION OF THE PARTIES 

8.1. Obligations of USERS 

As part of the use of the PLATFORM, each USER undertakes not to infringe public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T & Cs.

Each USER has the obligation to:

  • Behave in a loyal manner with regard to COOKMARKET and third parties;
  • Be honest and sincere in the information provided to COOKMARKET and, where applicable, to third-party USERS;
  • Use the PLATFORM in accordance with its purpose as described in these T & Cs;
  • Not to divert the purpose of the PLATFORM to commit crimes, misdemeanors or contraventions punishable by the Penal Code or any other law;
  • Respect the privacy of third parties and the confidentiality of exchanges;
  • Respect the intellectual property rights of COOKMARKET relating to the elements of the PLATFORM and, where applicable, the intellectual property rights of other USERS;
  • Do not seek to infringe, within the meaning of articles 323-1 and following of the Penal Code, the automated data processing systems implemented on the PLATFORM;
  • Do not modify the information posted online by COOKMARKET or by another USER;
  • Do not use the PLATFORM to send massive amounts of unsolicited messages (advertising or other);
  • Do not disseminate data having the effect of reducing, disrupting, slowing down or interrupting the normal functioning of the PLATFORM.

In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1981 relating to freedom of the press, the USER undertakes not to disseminate any message or information:

  • Constitutive of faulty denigration targeting COOKMARKET or the USERS;
  • Contrary to public order and good morals.
  • Offensive, defamatory, racist, xenophobic, revisionist or damaging to the honor or reputation of others;
  • Inciting discrimination, hatred of a person or a group of people because of their origin or their membership or their non-membership of an ethnic group, nation, race or religion;
  • threatening a person or a group of people;
  • of a pedophile nature;
  • inciting to commit an offense, a crime or an act of terrorism or advocating war crimes or crimes against humanity;
  • inciting suicide;
  • allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software allowing acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and a in general any software or other tool allowing to infringe the rights of others and the safety of persons and goods;
  • of a commercial nature (prospecting, soliciting, prostitution, etc.).

8.2. Obligations of COOKMARKET 

The general obligation of COOKMARKET is an obligation of means. COOKMARKET has no obligation of result or reinforced means of any kind.

COOKMARKET undertakes to use all means to ensure continuity of access and use of the PLATFORM 7 days a week, 24 hours a day.

COOKMARKET however draws the attention of USERS to the fact that current Internet communication protocols do not make it possible to ensure the transmission of electronic exchanges (messages, documents, identity of the sender or the recipient) in a certain and continuous manner.

In addition, as an operator of an online platform,  COOKMARKET undertakes to provide clear, transparent and fair information on the terms of its intervention, in particular in article 5.2 hereof.

ARTICLE 9. RESPONSIBILITY 

9.1. General principles 

COOKMARKET declines all responsibility in particular:

  • if it is impossible to temporarily access the PLATFORM for technical maintenance operations or updating of published information. The USERS acknowledge that COOKMARKET cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
  • in the event of viral attacks, unlawful intrusion into an automated data processing system;
  • in the event of abnormal use or illegal exploitation of the PLATFORM by a USER or a third party;
  • relating to the content of third-party websites to which hypertext links on the PLATFORM refer;
  • in the event of non-compliance with these T & Cs attributable to USERS;
  • in the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in article 10 of these T & Cs;
  • in the event of a foreign cause not attributable to COOKMARKET;
  • in the event of the unlawful act of a SELLER, or of contractual breach of which a SELLER is guilty;
  • any problem encountered during the execution of the ORDER by the SELLER.

In the event of abnormal use or unlawful exploitation of the PLATFORM, the USER is then solely responsible for damage caused to third parties and the consequences of complaints or actions that may result therefrom.

9.2. Host status 

With the exception of the case where  COOKMARKET is a SELLER, USERS recognize that  COOKMARKET has the quality of host within the meaning of article 6 I 2 ° of the law of June 21, 2004 for confidence in the digital economy known as LCEN.

As such,  COOKMARKET reserves the right to remove any content that has been reported to it and that it considers manifestly illegal within the meaning of article 6 I 2 ° of the law of June 21, 2004 for confidence in the economy. digital known as LCEN.

Notification of manifestly illegal content by a USER or any other third party must be made by email to contact@cookmarket.fr .

In accordance with article 6 I 5 ° of the law of 21 June 2004 on confidence in the digital economy known as LCEN, the notification, to be valid, must include the following elements:

– the date of the notification;

– if the notifier is a natural person: his name, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body which legally represents it;

– the name and address of the recipient or, in the case of a legal person, its name and its registered office;

– the description of the disputed facts and their precise location;

– the reasons for which the content must be withdrawn, including the mention of the legal provisions and the justifications of facts;

– a copy of the correspondence sent to the author or to the publisher of the disputed information or activities requesting their interruption, their withdrawal or their modification, or the justification that the author or the publisher could not be contacted .

9.3. Disputes between USERS

With the exception of cases where it is a SELLER,  COOKMARKET draws the attention of USERS to the fact that any dispute arising between a CUSTOMER and a SELLER must be dealt with between them, the SELLER remaining solely responsible for the execution of the ORDER of PRODUCTS offered via the PLATFORM.

In the event of a dispute with a SELLER, the USER may contact  COOKMARKET Customer Service by sending an email to contact @ cookmarket .

COOKMARKET  will pass on the complaint to the SELLER concerned who will be solely responsible for handling the dispute.

COOKMARKET  can only, if necessary, intervene as a mediator.

ARTICLE 10. FORCE MAJEURE 

COOKMARKET  cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these T & Cs results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation . by the debtor. 

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code. 

As such,  COOKMARKET cannot be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal equipment or others; and interruption, suspension, reduction or disturbances of electricity or other or any interruptions of electronic communications networks, as well as in the event of the occurrence of any circumstance or event outside the will of COOKMARKET occurring after the conclusion of the T & Cs and preventing execution under normal conditions. 

It is specified that, in such a situation, the USER cannot claim the payment of any compensation and cannot bring any recourse against  COOKMARKET.

In the event of the occurrence of one of the aforementioned events,  COOKMARKET will endeavor to inform the USER as soon as possible.

ARTICLE 11. INTELLECTUAL PROPERTY 

11.1. Ownership of the intellectual property rights of SELLERS

As part of the marketing of PRODUCTS via the PLATFORM, SELLERS are likely to present photographs, brands, logos, designs and other models belonging to them or belonging to third parties.

Any SELLER offering PRODUCTS for sale through the PLATFORM guarantees that he has the right to make a representation of all intangible elements presented in the CONTENTS.

In any case,  COOKMARKET can not be held responsible for an act of counterfeiting, taking into account its simple capacity as host of the CONTENTS published by the SELLERS.

11.2 Ownership of COOKMARKET ‘intellectual property rights

The USER recognizes the intellectual property rights of  COOKMARKET on the PLATFORM, its components and the related contents and renounces to contest these rights in any form whatsoever.

The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the PLATFORM, with the exception of the CONTENTS published by the SELLERS , are the exclusive intellectual property of COOKMARKET and may not be reproduced . , used or represented without express authorization under penalty of legal proceedings.

Any representation or reproduction, in whole or in part, of the PLATFORM and its content, by any means whatsoever, without the express prior authorization of COOKMARKET, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and Articles L.713-1 et seq. of the Intellectual Property Code.

In particular, COOKMARKET expressly prohibits:

  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
  • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever its form;
  • Reproduction, extraction or reuse, by any means, of content (photographs, description, etc.) published by COOKMARKET or by a SELLER.

Acceptance of these T & Cs constitutes recognition by USERS of COOKMARKET ‘intellectual property rights and a commitment to respect them.

COOKMARKET grants a personal, non-exclusive and non-transferable license to USERS authorizing them to use the PLATFORM and the information it contains in accordance with these T & Cs.

Any other use of the PLATFORM and its content is excluded from the scope of this license and cannot be carried out without the express prior authorization of COOKMARKET.

ARTICLE 12. PROTECTION OF PERSONAL DATA 

As part of the operation of the PLATFORM, COOKMARKET may collect personal data.

These data are necessary for the management of the PLATFORM and the provision of the SERVICES. The data is kept confidentially by COOKMARKET for the needs of the contract, its execution and in compliance with the law.

As such, the USER is invited to consult the Confidentiality Policy, accessible at the following address https://cookmarket.fr/politique-confidentialite/ which will give him all the information relating to the protection of personal data. personnel, and the processing carried out via the PLATFORM.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC ( General Data Protection Regulation known as RGPD ), COOKMARKET ensures the implementation of the rights of individuals concerned.

It is recalled that the USER whose personal data are processed enjoys the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulations on the Protection of Persons (RGPD).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the USER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and free of charge.

The USER can exercise these rights by sending an email to the address: rgpd@cookmarket.fr .

ARTICLE 13. CUSTOMER SERVICE 

Any question or complaint concerning the use or operation of the PLATFORM can be formulated as follows:

  • by email to the following address: service-client@cookmarket.fr ;

ARTICLE 14. VALIDITY OF THE T & Cs 

If any of the stipulations of these T & Cs were to be declared void with regard to a legislative or regulatory provision in force and / or a court decision having the force of res judicata, it will be deemed unwritten but not will in no way affect the validity of the other clauses which will remain fully applicable.

Une telle modification ou décision n’autorise en aucun cas les UTILISATEURS à méconnaitre les présentes CGU.

ARTICLE 15. MODIFICATION DES CGU 

Les présentes CGU s’appliquent à tout UTILISATEUR navigant sur la PLATEFORME.

Les CGU pourront être modifiées et mises à jour par COOKMARKET à tout moment, notamment pour s’adapter à l’évolution législative ou réglementaire.

Les CGU applicables sont celles en vigueur au moment de la navigation sur la PLATEFORME.

Les VENDEURS seront notifiés de toute modification envisagée des présentes CGU.

ARTICLE 16. DISPOSITIONS GENERALES 

Le fait que l’une des PARTIES n’ait pas exigé l’application d’une clause quelconque des présentes CGU, que ce soit de façon permanente ou temporaire, ne pourra en aucun cas être considéré comme une renonciation à ladite clause.

En cas de difficulté d’interprétation entre l’un quelconque des titres figurant en tête des clauses, et l’une quelconque de celles-ci, les titres seront déclarés inexistants.

ARTICLE 17. COMPETENCE ET DROIT APPLICABLE 

LES PRESENTES CGU AINSI QUE LES RELATIONS ENTRE L’UTILISATEUR ET COOKMARKET SONT REGIES PAR LE DROIT FRANÇAIS.

En cas de différend survenant entre COOKMARKET et un UTILISATEUR au sujet de l’interprétation, de l’exécution ou de la résiliation des présentes, les PARTIES s’efforceront de le régler à l’amiable.

Dans l’hypothèse où la tentative de règlement amiable échouerait ou ne serait pas envisagée, le litige sera confié au tribunal de commerce de Bordeaux.

*

* *

 

ANNEXE 1 : Informations en matière d’obligations civiles et fiscales

Les opérateurs de plateforme en ligne ont l’obligation d’informer tout UTILISATEUR qui génère des revenus sur sa PLATEFORME sur ses obligations civiles et fiscales.

Les informations utiles sont rassemblées dans des fiches pédagogiques rappelant les règles applicables à la déclaration de revenus et au paiement des cotisations sociales. Les fiches ci-après sont également disponibles à l’adresse suivante

https://www.service-public.fr/professionnels-entreprises/vosdroits/N13442

En matière de protection sociale, ces revenus doivent pouvoir ouvrir des droits à l’assurance maladie ou à la retraite. Cela vaut également en matière de fiscalité : les revenus générés doivent être soumis à l’impôt.

Nous vous rappelons que les explications ci-dessous sont données à titre informatif et qu’elles ne remplacent pas la lecture des textes législatifs, des commentaires de l’administration et de la jurisprudence. Nous tenons également à insister sur le fait que les règles ci-dessus exposées sont susceptibles d’être modifiées (notamment les différents seuils qui sont réévalués chaque année) et que chaque UTILISATEUR de la PLATEFORME est seul responsable de ses obligations légales.

Par ailleurs, l’administration fiscale et les caisses de sécurité sociale sont à même de compléter cette information de base et répondre à toutes questions.

COOKMARKET recommande donc à tout UTILISATEUR de se rapprocher de son centre des impôts, de sa caisse de sécurité sociale ou d’un conseil spécialisé en cas de doute.

 

ENGLISH VERSION (Version en français en haut)

GENERAL CONDITIONS OF SALE MARKETPLACE

Version updated to July 22, 2021

 

The company Hameur Vlassenko Corporation, trade name COOKMARKET.fr, limited liability company, with capital of 1,000 Euros, registered in the Bordeaux Trade and Companies Register under number 879 882 348, whose head office is located at 230 RUE LECOCQ 33000 BORDEAUX (hereinafter referred to as “COOKMARKET”).

 

These Marketplace General Terms and Conditions of Sale (hereinafter the “Marketplace GTC”) apply in addition, with regard to Buyers, to the Buyers T & Cs and, with regard to Sellers, to the Sellers T & Cs, in which are defined the capitalized terms used in these Marketplace T & Cs.

 

The Marketplace T & Cs apply to all sales of Products made on the Marketplace between the Seller and the Buyer, whether from the Site.

 

They are intended to govern the relations between the Sellers and the Buyers of Products, to the exclusion of those which are formed between the Buyers and COOKMARKET or between the Sellers and COOKMARKET.

 

The relations between the Buyers and COOKMARKET are governed by the Buyers T & Cs.

 

The relations between the Sellers and COOKMARKET are governed by the Seller T & Cs.

 

COOKMARKET is not the seller of the Products purchased through the Service; only the Seller, whose name or reference is indicated on the description of each Product, is the Buyer’s co-contractor for the purchase of said Products.

 

The Products cannot therefore be returned or exchanged by COOKMARKET. The Products will be invoiced by the Sellers concerned and not by COOKMARKET.

The Products sold on the Marketplace are new products at a firm price. So-called “customizable” or modifiable products may also be referenced by the Sellers. In this case, said products may, at the request of the Purchaser, be processed before being shipped (hereinafter referred to as “Personalized Products”).

 

  1. CONCLUSION OF THE SALES CONTRACT
  2. The Products are presented on the Site with a description enabling the Purchaser to know their essential characteristics, their price, as well as their availability.
  3. The Buyer selects the Product (s) he wishes to purchase.
  4. He confirms his choice of Product (s) and reads and accepts these Marketplace GTC by clicking on validation.
  5. Option 1: The Buyer chooses the payment option by credit card: He proceeds to payment via the secure Stripe payment form, made available. The Buyer’s bank account will be debited for the amount of the order.

Option 2: The Buyer chooses the option of payment by transfer: He confirms the order and receives by email the banking information of the seller (s) in order to make the payment directly from his bank account.

He will make sure to use the order ID as the payment reference.

  1. The Buyer receives an email confirming that his order has been taken into account.
  2. In the case of option 1: The COOKMARKET platform receives on its Stripe account, the service fees of the sale, a total of 13.6% of the amount paid by the Buyer. The Seller receives the remaining amount on his Stripe account. The Stripe platform withholds in user fees, from the Seller, 1.4% + 0.25 euros, of the amount paid by the Buyer.

In the case of option 2: The Seller receives in his account the amount paid by the Buyer. The Seller undertakes to pay back to COOKMARKET ‘account, the service fees for the sale of a total of 13.6% of the amount paid by the Buyer, within 30 days of receipt of the invoice by COOKMARKET,

  1. The Seller is informed by COOKMARKET that one or more of the Products he has listed on the Marketplace have been the subject of an order by a Buyer (hereinafter the “Order Confirmation”).
  2. In the event of exceptional unavailability of the Product, the Seller undertakes to inform the Buyer thereof within three (3) working days following the Order Confirmation referred to in point (e) above. The Seller undertakes to reimburse the Buyer for the amount debited during the order within thirty (30) days. In this situation, the contract concluded between the Buyer and the Seller is automatically terminated and each of the Parties is released from its obligations. In the event that the Buyer has ordered several Products, only the part of the contract relating to the sale of the unavailable Product is covered by this resolution.
  3. The Seller agrees to respect the deadline mentioned on the product sheet to ship the Product.
  4. The Purchaser must immediately confirm receipt of each Product ordered. Failing this, the Product will be deemed to have been received within thirty (30) days from the date of shipment.
  1. PRICE AND PAYMENT

The prices of the Products referenced on the Marketplace are freely set by each Seller, in compliance with applicable laws and regulations. The price of the Products is stated in Euros, and is understood to be exclusive of tax. The prices displayed on the Site show the unit amount of any eco-contributions (in particular the WEEE eco-contribution, the DEA eco-contribution). For business purchases made on behalf of a company with a VAT number, the total amount payable will be displayed in the shopping cart. The amount of delivery costs is calculated and included in the price of the product posted by the Seller. Order payments are made in cash, using one of the following payment methods:

by credit card via the secure Stripe platform (Visa, Mastercard, Carte Bleue, American Express);

Wire Transfer

All payments are secured by SSL encryption protocol.

 

The dispatch of the order by the Seller will be made only after receipt of the payment made by the Buyer, on the Seller’s account.

 

  1. BILLING OF THE PARTIES

For each sale of a Product, the Seller sends the Buyer an invoice for the total amount of the sale paid by the Buyer:

either included in the delivery package,

or sent by email to the Buyer by the Seller.

 

COOKMARKET invoices the Seller by e-mail, a sales service charge totaling 13.6% of the amount paid by the Buyer.

 

  1. MODES AND COSTS OF SHIPPING

Products can only be shipped to addresses located in Mainland France, Monaco, Belgium. Except in the case of the Sale of Personalized Products, the Seller undertakes to send the Purchaser the Product (s) ordered within the period shown on the product sheet, from receipt of payment; the Seller making a firm commitment to ship the Products within the specified time. The Products are delivered to the address provided by the Purchaser when ordering. It is therefore the sole responsibility of the Purchaser to ensure that the information that he communicates to COOKMARKET for this purpose is and remains correct and that they will enable him to receive the Products that he purchases on the Site. Once the Product has been shipped, the Seller will inform the Buyer by providing the delivery tracking number, if applicable. The Products travel at the expense and risk of the Seller.

 

ARTICLE 5. ROLE OF THE OPERATOR

5.1. Content of COOKMARKET intervention

On the PLATFORM, COOKMARKET can have two distinct roles:

Intervention as a simple intermediary

The PLATFORM published by COOKMARKET consists of putting in contact, electronically, USERS having the quality of SELLERS and CUSTOMERS with a view to the sale of PRODUCTS.

COOKMARKET does not exercise any control over the execution of the sales of PRODUCTS and does not intervene in the transaction carried out between the SELLER and the CUSTOMER.

The sales contract is therefore concluded exclusively and directly between the SELLER and the CUSTOMER, COOKMARKET acting as a simple technical intermediary.

All the indications on the prices of the PRODUCTS and their descriptions are established by the SELLERS, without the intervention of COOKMARKET, which is remunerated only on a commission deducted from the sales of PRODUCTS purchased by the CUSTOMERS from the SELLERS (service fees).

Finally, it is specified that these General Conditions of Use in no way confer on USERS the quality of employee, agent, agent or representative of COOKMARKET.

5.2. Loyalty, Clarity and Transparency

5.2.1. General provisions

As an online platform operator, COOKMARKET acts in a neutral, clear and transparent manner.

COOKMARKET has no capital link or any legal dependence with any of the SELLERS listed on the PLATFORM which would influence the classification or referencing of the PRODUCTS.

The PRODUCTS presented to Internet users on the PLATFORM are referenced as follows:

– A selection of PRODUCTS can be referenced on the home page according to news, seasonality and commercial policy.

– The PRODUCTS are referenced by departments, families and sub-families. Within each category, the “best sellers” are first displayed. The USER can in particular select according to the following referencing methods:

o Sorting by popularity;

o Sorting by average scores;

o From the most recent to the oldest;

o By increasing rate;

o By decreasing price.

– The USER can also carry out a search via the search engine made available to them by COOKMARKET.

The USER is informed that COOKMARKET does not favor any SELLER by presenting its PRODUCTS as a priority.

The PRODUCTS sold by COOKMARKET are favored and are referenced in priority over other PRODUCTS marketed by SELLERS on the MARKETPLACE.

5.2.2. Financial transparency

In accordance with articles 242 bis and 171 AX of the General Tax Code (CGI), the OPERATOR undertakes to:

– Provide all SELLERS with as precise information as possible on their civil and fiscal obligations in connection with the sale of their PRODUCTS via the PLATFORM (cf. Annex 1: Information on civil and fiscal obligations);

– If necessary, communicate to the tax authorities the information legally requisitioned by it.

 

ARTICLE 6. CONDITIONS OF ACCESS AND REGISTRATION

Any USER can access the PLATFORM, consult the PRODUCTS and benefit from the SERVICES described in article 7.1 of these T & Cs.

The USER wishing to become a CUSTOMER or become a SELLER is invited to follow the registration procedure defined below.

Article 6.1. Registration procedure as a SELLER

The USER who wishes to become a SELLER must register via the registration form on the website https://cookmarket.fr/my-account/, while checking the box “I am a seller”.

The USER, who becomes a SELLER, guarantees at the time of validation of his registration by COOKMARKET that the data he communicates is accurate, sincere and in accordance with reality. If his situation changes, the SELLER must immediately inform COOKMARKET of his new information.

In the event that the SELLER provides inaccurate or non-updated information, COOKMARKET may immediately, without notice or compensation, suspend or terminate the SELLER’s account.

Registration as well as the contractual relations between COOKMARKET and SELLERS wishing to offer PRODUCTS on the PLATFORM are governed by the SELLER CP-CGS available on request to the COOKMARKET sales department by email at the following address: contact@cookmarket.fr

Article 6.2. Registration procedure as a CUSTOMER

Any USER wishing to have full access to all the free functions offered by the PLATFORM must first create an ACCOUNT to become a CUSTOMER.

Purchases made on the PLATFORM must be made exclusively for the purposes of carrying out a professional activity. If the CUSTOMER is a legal person, the natural person who purchases on behalf of the CUSTOMER acknowledges being duly authorized for this purpose.

Registration on the PLATFORM as a CUSTOMER is free.

Registration on the PLATFORM can be done in two ways:

– At the time of an order;

– By clicking on the “CONNECT” tab.

To create an ACCOUNT, the USER is invited to provide various information concerning him.

The USER wishing to become a CUSTOMER undertakes to provide COOKMARKET with accurate, loyal and up-to-date data, which does not infringe, in any capacity whatsoever, the rights of third parties and to communicate to COOKMARKET any necessary update of the data communicated during registration.

Finally, the USER must validate these T & Cs before finalizing his first order.

Once the registration form has been completed, a confirmation email is sent to the CLIENT. The e-mail address and the password constitute the CUSTOMER IDENTIFIERS.

The CUSTOMER undertakes to create only one and only one ACCOUNT on the PLATFORM. COOKMARKET declines all responsibility for the harmful consequences that the use of multiple ACCOUNTS could have for a single CUSTOMER.

The USER is entirely responsible for the accuracy and updating of the data communicated within the framework of the opening and management of his ACCOUNT.

6.2.1. Management of IDENTIFIERS

The CUSTOMER will be solely responsible for the use of his IDENTIFIERS or the actions made through his ACCOUNT.

In the event that a CUSTOMER discloses or uses his IDENTIFIERS in a manner contrary to their intended purpose, COOKMARKET may then terminate the ACCOUNT without notice or compensation.

In any case, COOKMARKET can not be held responsible in the event of the usurpation of the identity of a CUSTOMER. Any access and action carried out from the ACCOUNT of a CLIENT will be presumed to be carried out by this CLIENT, insofar as COOKMARKET has no obligation and does not have the technical means to ensure the identity of the persons having access to the PLATFORM from an ACCOUNT.

Any loss, misappropriation or unauthorized use of a CLIENT’S IDENTIFIERS and their consequences are the sole responsibility of the CLIENT, the latter being required to notify COOKMARKET, without delay, by e-mail sent to the following address: contact @ cookmarket.fr

6.2.2. Unsubscribe

The CUSTOMER can close his ACCOUNT at any time by sending a request by email to the address: contact@cookmarket.fr, COOKMARKET will deactivate the ACCOUNT as soon as possible and send the CUSTOMER an email confirming the closure of his ACCOUNT. and the permanent deletion of all of its elements on the PLATFORM.

 

  1. GUARANTEES

6.1 Contractual guarantee

The products sold on the Marketplace may benefit from a guarantee supported by the Sellers. The duration of these guarantees varies depending on the Product in question. The latter is mentioned on a case-by-case basis by the Sellers on the product sheets.

6.2 Legal guarantees

The Merchant acting in a professional capacity undertakes to comply with the legal and regulatory provisions relating to the exercise of a commercial distance selling activity.

As such, and with the exception of the contractual guarantee offered, the Merchant is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. Of the Consumer Code and the legal guarantee against hidden defects such as provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

COOKMARKET cannot be engaged in any way whatsoever in the guarantees assumed by the Merchants.

 

  1. PERSONAL DATA

This article supplements the stipulations relating to personal data appearing in the Buyer T & Cs and the Seller T & Cs. The Buyer and the Seller are informed that all the data collected within the framework of the Marketplace during the placing of orders are processed by COOKMARKET for the purposes of processing said orders. The information and data of the Buyers relating to the delivery are transmitted by COOKMARKET Direct to the Sellers for the sole purpose of enabling them to ship the Products ordered and to establish the invoice. They may under no circumstances be used by the latter for other purposes, in particular for sales canvassing purposes.

In case of difficulty concerning the processing of this data, the Buyer and the Seller can contact COOKMARKET directly, under the conditions set, as the case may be, in the Buyer T & Cs or in the Seller T & Cs. The Sellers undertake to ensure the security of the personal data that they keep for the purposes of carrying out and monitoring orders.

 

ARTICLE 9. RESPONSIBILITY

9.1. General principles

COOKMARKET declines all responsibility in particular:

  • If it is impossible to temporarily access the PLATFORM for technical maintenance operations or updating of published information. The USERS acknowledge that COOKMARKET cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
  • In the event of viral attacks, unlawful intrusion into an automated data processing system;
  • In the event of abnormal use or illegal exploitation of the PLATFORM by a USER or a third party;
  • In relation to the content of third-party websites to which hypertext links on the PLATFORM refer;
  • In the event of non-compliance with these T & Cs attributable to USERS;
  • In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 10 of these T & Cs;
  • In the event of a foreign cause not attributable to COOKMARKET;
  • In the event of the unlawful act of a SELLER, or of contractual breach of which a SELLER is guilty;
  • Any problem encountered during the execution of the ORDER by the SELLER.

In the event of abnormal use or unlawful exploitation of the PLATFORM, the USER is then solely responsible for damage caused to third parties and the consequences of complaints or actions that may result therefrom.

9.2. Host status

With the exception of the case where COOKMARKET is a SELLER, USERS recognize that COOKMARKET has the quality of host within the meaning of article 6 I 2 ° of the law of June 21, 2004 for confidence in the digital economy known as LCEN.

As such, COOKMARKET reserves the right to remove any content that has been reported to it and that it considers manifestly illegal within the meaning of article 6 I 2 ° of the law of June 21, 2004 for confidence in the economy. digital known as LCEN.

Notification of manifestly illegal content by a USER or any other third party must be made by email to contact@cookmarket.fr.

In accordance with article 6 I 5 ° of the law of 21 June 2004 on confidence in the digital economy known as LCEN, the notification, to be valid, must include the following elements:

– the date of the notification;

– if the notifier is a natural person: his name, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body which legally represents it;

– the name and address of the recipient or, in the case of a legal person, its name and its registered office;

– the description of the disputed facts and their precise location;

– the reasons for which the content must be withdrawn, including the mention of the legal provisions and the justifications of facts;

– a copy of the correspondence sent to the author or to the publisher of the disputed information or activities requesting their interruption, their withdrawal or their modification, or the justification that the author or the publisher could not be contacted .

9.3. Disputes between USERS

With the exception of cases where it is a SELLER, COOKMARKET draws the attention of USERS to the fact that any dispute arising between a CUSTOMER and a SELLER must be dealt with between them, the SELLER remaining solely responsible for the execution of the ORDER of PRODUCTS offered via the PLATFORM.

In the event of a dispute with a SELLER, the USER may contact COOKMARKET Customer Service by sending an email to contact @ COOKMARKET.

COOKMARKET will pass on the complaint to the SELLER concerned who will be solely responsible for handling the dispute.

COOKMARKET can only, if necessary, intervene as a mediator.

ARTICLE 10. FORCE MAJEURE

COOKMARKET cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these T & Cs results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation. by the debtor.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

As such, COOKMARKET cannot be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal equipment or others; and in

 

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Ownership of the intellectual property rights of SELLERS

As part of the marketing of PRODUCTS via the PLATFORM, SELLERS are likely to present photographs, brands, logos, designs and other models belonging to them or belonging to third parties.

Any SELLER offering PRODUCTS for sale through the PLATFORM guarantees that he has the right to make a representation of all intangible elements presented in the CONTENTS.

In any case, COOKMARKET can not be held responsible for an act of counterfeiting, taking into account its simple capacity as host of the CONTENTS published by the SELLERS.

11.2 Ownership of COOKMARKET ‘intellectual property rights

The USER recognizes the intellectual property rights of COOKMARKET on the PLATFORM, its components and the related contents and renounces to contest these rights in any form whatsoever.

The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the PLATFORM, with the exception of the CONTENTS published by the SELLERS, are the exclusive intellectual property of COOKMARKET and may not be reproduced. , used or represented without express authorization under penalty of legal proceedings.

Any representation or reproduction, in whole or in part, of the PLATFORM and its content, by any means whatsoever, without the express prior authorization of COOKMARKET, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and Articles L.713-1 et seq. of the Intellectual Property Code.

In particular, COOKMARKET expressly prohibits:

  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
  • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever its form;
  • Reproduction, extraction or reuse, by any means, of content (photographs, description, etc.) published by COOKMARKET or by a SELLER.

Acceptance of these T & Cs constitutes recognition by USERS of COOKMARKET ‘intellectual property rights and a commitment to respect them.

COOKMARKET grants a personal, non-exclusive and non-transferable license to USERS authorizing them to use the PLATFORM and the information it contains in accordance with these T & Cs.

Any other use of the PLATFORM and its content is excluded from the scope of this license and cannot be carried out without the express prior authorization of COOKMARKET.

ARTICLE 12. PROTECTION OF PERSONAL DATA

As part of the operation of the PLATFORM, COOKMARKET may collect personal data.

These data are necessary for the management of the PLATFORM and the provision of the SERVICES. The data is kept confidentially by COOKMARKET for the needs of the contract, its execution and in compliance with the law.

As such, the USER is invited to consult the Confidentiality Policy, accessible at the following address https://cookmarket.fr/politique-confidentialite/ which will give him all the information relating to the protection of personal data. personnel, and the processing carried out via the PLATFORM.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as RGPD), COOKMARKET ensures the implementation of the rights of individuals concerned.

It is recalled that the USER whose personal data are processed enjoys the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulations on the Protection of Persons (RGPD).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the USER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and free of charge.

The USER can exercise these rights by sending an email to the address: rgpd@cookmarket.fr.

 

ARTICLE 13. CUSTOMER SERVICE

Any question or complaint concerning the use or operation of the PLATFORM can be formulated as follows:

  • By email to the following address: service-client@cookmarket.fr;

ARTICLE 14. VALIDITY OF THE T & Cs

If any of the stipulations of these T & Cs were to be declared void with regard to a legislative or regulatory provision in force and / or a court decision having the force of res judicata, it will be deemed unwritten but not 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 authorize USERS to disregard these T & Cs.

ARTICLE 15. MODIFICATION OF THE T & Cs

These T & Cs apply to any USER browsing the PLATFORM.

The T & Cs may be modified and updated by COOKMARKET at any time, in particular to adapt to legislative or regulatory developments.

The applicable T & Cs are those in force at the time of browsing the PLATFORM.

SELLERS will be notified of any planned modification of these T & Cs.

ARTICLE 16. GENERAL PROVISIONS

The fact that one of the PARTIES has not required the application of any clause of these T & Cs, whether permanently or temporarily, may in no case be considered as a waiver of said clause.

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.

ARTICLE 17. JURISDICTION AND APPLICABLE LAW

THE PRESENT T & Cs AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND COOKMARKET ARE GOVERNED BY FRENCH LAW.

In the event of a dispute arising between COOKMARKET and a USER concerning the interpretation, execution or termination of these terms, the PARTIES will endeavor to settle it amicably.

In the event that the attempt to reach an amicable settlement fails or is not considered, the dispute will be referred to the Bordeaux Commercial Court.

 

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APPENDIX 1: Information on civil and fiscal obligations

Online platform operators have the obligation to inform any USER who generates income on their PLATFORM about their civil and fiscal obligations.

The useful information is gathered in educational sheets recalling the rules applicable to the declaration of income and the payment of social contributions. The files below are also available at the following address

https://www.service-public.fr/professionnels-entreprises/vosdroits/N13442

In terms of social protection, this income must be able to open up rights to health insurance or to retirement. This also applies to taxation: the income generated must be subject to tax.

We remind you that the explanations below are given for information only and that they do not replace the reading of the legislative texts, the comments of the administration and the case law. We also insist on the fact that the rules set out above are likely to be modified (in particular the various thresholds which are reassessed each year) and that each USER of the PLATFORM is solely responsible for his legal obligations.

In addition, the tax administration and social security funds are able to complete this basic information and answer any questions.

COOKMARKET therefore recommends that all USERS contact their tax office, social security fund or specialist advice in case of doubt.