CONDITIONS OF USE (COU) ON THE GIMMEFY MARKETPLACE

FOREWORD

  • ARTICLE 1: Definitions
  • ARTICLE 2: Object and acceptance of the Conditions
  • ARTICLE 3: Access to the website, registration and information provided by the User
  • ARTICLE 4: Privacy policy and protection of personal data
  • ARTICLE 5: Order process and delivery of Products
  • ARTICLE 6: Product pricing
  • ARTICLE 7: Right of withdrawal
  • ARTICLE 8: Obligations of the User
  • ARTICLE 9: Responsibilities
  • ARTICLE 10: Product warranties and counterfeiting
  • ARTICLE 11: Intellectual property
  • ARTICLE 12: Termination of the contract
  • ARTICLE 13: Force majeure
  • ARTICLE 14: Complaint and applicable law in case of dispute
  • ARTICLE 15: Modification of the Conditions of Use

FOREWORD

Gimmefy SAS, hereinafter referred to as the "Company", is the publisher of the site www.gimmefy.com, (hereinafter the "Site") and consequently, ensures its development and exploitation. The Site is an online marketplace that connects buyers and professional sellers for the purchase of merchandises, travel souvenirs or various gifts inspired by the key symbols of a territory.

The Company is a SAS, with capital of 5000 € (euros), registered at the Nanterre trade and companies register, under the SIRET number: 84372283600015 whose head office is 33 Rue Louis Rouquier, 92300 Levallois-Perret, France. The intra-community VAT number is FR80843722836.
The legal representative of the Company is Mr. Theodule Zeraga, Chairman and Chief Executive Officer.

The contact details of the Company are:

  • Tel: + 33 (0) 7 84 42 69 13
  • Email: contact@gimmefy.com

The Site is hosted by Amazon Web Services (AWS) EMEA SARL, located at: 5 RUE PLAETIS Luxembourg. AWS EMEA SARL is a subsidiary of Amazon Web Services Inc., headquartered at P.O / box 81226, Seattle, WA 98108-1226.

ARTICLE 1: Definitions

The Parties agree that the following terms, starting with a capital letter in these Conditions of Use, have the following meanings:

  • Seller: refers to a company or legal entity, which offers for sale on the marketplace its products
  • The Buyer: means any individual or legal person who makes a purchase on the Site
  • User: means any individual or legal person, registered or not on the Site and who accesses, browses and uses the services of the Site
  • Product: defines an object or service offered for sale by a Seller on the Site
  • Shop: means a space dedicated to a single Seller on the Site, where the Seller sells his Products
  • Contract: refers to these Conditions of Use
  • Dashboard: refers to a page dedicated to a user registered on the Site, containing personal and historical information of transactions (purchases)
  • The Company: refers to the company Gimmefy SAS, which acts as an intermediary between the Users and the Sellers. The Company hosts all the shops. The choice of the Products present in the Shop is the responsibility of the Seller. The Company will not be held liable for offers of Products offered by the Sellers. In certain cases, the Company may sell Products directly on the marketplace. The User can see it in the name of the Seller displayed in the Shop.


ARTICLE 2: Object and acceptance of the Terms

2.1: The purpose of these COU is to define the conditions under which the Site is used by the User. They form a Contract between the Company and the User. The User may unsubscribe from the Site if the COU do not suit him.

2.2: When the User checks the "I accept the terms and conditions" box when registering on the Site, he irrevocably and unreservedly accepts all of these COU. This acceptance takes effect from the date of registration on the Site and is valid throughout the duration of the Agreement.

2.3: The COU may be modified. Therefore, the User is called to regularly consult the Conditions of Use on the site, in order to consult the latest versions.

2.4: The applicable COU are those existing at the time of the order. Before confirming the purchase on the Site, the User will be asked to accept these COU again.


ARTICLE 3: Access to the Site, registration and information provided by the User

3.1. Any User may access the Site via the link www.gimmefy.com. To buy or sell Products, the User must register on the Site by creating an account. Sellers may specifically access a sales page, via a special link that the Company will provide them.

3.2. When registering on the Site, the User must choose an identifier and a password, strictly personal and confidential. In addition, the User agrees to choose an identifier that does not affect the rights of a third party (legal person, trademark, etc.). Finally, the User agrees to not use a password that is simple and easy to reconstruct (example: 1234, abcd, etc.).

3.3. In case of a fraudulent use of the username and password of the User, he must urgently notify the Company either:

  • by email to the following address: contact@gimmefy.com
  • by mail to the following address: 33 rue Louis Rouquier, 92300 Levallois-Perret, France
  • by telephone: +33 (0) 7 84 42 69 13

The User will then receive a new identifier and password to connect to the Site.
3.4. Registration on the Site is free and reserved for any User, either an individual person aged 18 and over, or any legal person.
3.5. Seller wishing to sell Products on the Site must provide a series of information, including valid bank details. Additional information to ensure the security of financial transactions and the fight against fraud may be requested from the Seller, if necessary. The Company reserves the right to suspend or block a sale in the event that the Seller refuses to provide certain supporting documents.
3.6. For each Product sold on the Site, the User may consult the following information:

  • The price of the product and the quantities it can order
  • The main features of the Product
  • Typologies of delivery and fees and delivery times for each order
  • The return conditions of the Seller
  • The Conditions of Sale (COS) of the Seller

This information may vary from one Seller to another. Seller alone defines the content of its COS and its return policy Products. The responsibility of the Company cannot be held liable for their content.

3.7. By registering on the Site, the User may decide to subscribe to the newsletter (periodic review) created and sent by the Company.

3.8. The User has access to a Dashboard in which he will find, all the personal information already filled in, as well as additional information to be filled in the event of an order (example: address, payment methods, etc.).
The Company will not be held liable for any errors, omissions, arising from the information provided by the User.

3.9. By purchasing a Product on the Site, the Purchaser authorizes the Company to communicate some of his personal data: surname and first name, address, telephone number, email address to the Seller and to other partners of the Company (logistics, transport), for processing of the order.

3.10. By posting on the Site, the Seller confirms that he has the intellectual property rights necessary to use the information he publishes on the Site. The User is solely responsible for the completeness of the information provided.

3.11. The user guarantees that the information he publishes on the Site, do not in any way violate the laws in force, particularly with regards to counterfeiting, as well as the rules of morality. The responsibility of the Company cannot be held liable for non-compliance with these provisions by the User.


ARTICLE 4: Privacy policy and protection of personal data

For any detailed information on the privacy policy and the protection of personal data, the Company invites the User to consult on the Site, the document entitled "Privacy Policy and Cookies Management".


ARTICLE 5: Order Process and Delivery of Products

5.1. All products offered for sale on the Site are new.
5.2. The Seller undertakes to mention in his advertisement the main characteristics (content and container, etc.) of the Product for sale. The Seller is solely responsible for the completeness of the description provided and the conformity of the proposed Product to the said description. The Seller will provide the price of the Product in euros. The price of each Product is indicated excluding shipping costs, in the product description, on the quotation line corresponding to the selected Seller. In this case, the delivery costs are added to the price of the Products before the final validation by the Buyer and are freely fixed by the Seller.
5.3. The Seller shall answer Buyer's questions to verify the conformity of the Product with the description of the Seller's announcement.
5.4. To place an order on the Site, the Buyer must:

  • Select Products to buy and add them to cart
  • From the basket, click on "Proceed to Payment"
  • Enter a delivery address and choose a delivery method
  • Select a payment method and place the order

The order will be taken into account only after its effective payment. Any order placed by a Buyer - who would otherwise have a pending payment dispute following a previous order - may be refused.
5.5. Following the order, the Company will systematically confirm the registration of the order and its transmission to the Seller, by sending a confirmation email to the Buyer.
The Company informs the Seller that an order for one or more of its Products has been made by a Buyer. The Seller has forty-eight (48) business hours to cancel or confirm the availability of the Products and accept the order.
The Company then communicates by email to the Buyer the availability or unavailability of the Products. If the Seller confirms the availability of the Products, the sales contract is definitively concluded between the Seller and the Buyer. Upon confirmation by the Seller, the Buyer is debited with the number of Products available.
5.6. In the case of a failure of the Seller's response beyond 48 hours, the sale will be automatically canceled, and the order of the Buyer canceled. The credit card will not be charged accordingly. The Seller is solely responsible in the event of unavailability of the Product of which he has sole control.
5.7. The Buyer can consult his order tracking from his personal dashboard, in the section "My orders".
5.8. The Buyer can consult the invoice of his purchase either in his Dashboard, or by contacting the Seller directly from this space, asking for a copy of the invoice.
5.9. Shipping costs are the responsibility of the Buyer and are expressed in euros, all taxes included.
5.10. Each Seller has its own delivery terms. These terms and conditions are defined in the conditions of sales of each Seller.
5.11. The Buyer has a single basket on the Site, regardless of the shop in which he buys a Product. Depending on the Product purchased, different delivery methods will be offered to the Buyer by each Seller. Therefore, the Buyer may receive his order in several deliveries.
5.12. Within 24 hours following the dispatch of the order, the Seller agrees to inform the Buyer of the approximate date of delivery of his order, and also to transmit this information to the Company. The Seller will inform the Buyer of the tracking number of the delivery by email.
5.13. The Seller is solely responsible for the proper performance of the delivery of the order. The Seller may, if necessary, turn against the carrier, in case of problems. He is also solely responsible, in case of unavailability of the Product.
5.14. The Seller undertakes to deliver the Products ordered within the time specified in the order and in accordance with its general Conditions of Sale. In case of late delivery of the Seller and in accordance with Article L216-2 of the code consumption, the Buyer will contact exclusively the Seller of the Product, via messaging accessible from the Dashboard.
5.15. The Seller agrees to keep the proof of delivery for a period of 2 months following the date of shipment, and undertakes to provide the Company, at the request of the latter, all the information he has, in particular on the date of reception of the Order by the Buyer. 5.16. Some Products purchased from Sellers may be shipped by the Company. For all these Products, the User may see the mention "Sold by xxx and shipped by Gimmefy".
5.17. The Buyer is invited to evaluate his buying experience with the Seller.
5.18. Products purchased from the Company and some of its Sellers partners will be delivered in the following modes:

  • In home delivery: The order will be delivered to an address provided by the Purchaser, which can be a home address (principal residence) or that of a third party (temporary residence, residence of a relative’s, etc.)
  • In a point of withdrawal: The order will be delivered to an address where the Buyer comes to withdraw his package in the point of withdrawal that he has already chosen when ordering. He must present a personal ID card to recover his parcel.


ARTICLE 6: Setting Product pricing and payment

It is reminded that the Company is primarily an intermediary in the sales relationship between the Buyer and the Seller. The Company hosts offers of Products offered by Sellers registered on its Site. However, some products offered by Buyers may be sold directly by the Company, in which case the words "Sold by Gimmefy" will be clearly marked on the product sheets.
6.1. The selling price of the Products is determined exclusively by the Sellers. It is indicated in euros (All Taxes included).
6.2. The Seller agrees that the price of the Product on the Site is more or less identical to the price at which the Seller sells the Product outside the Site.
6.3. The payment of the order is made on the Site by means of a valid payment card. The methods of payment accepted to date are: CB, VISA, MASTERCARD, AMERICAN EXPRESS, ALIPAY, BANCONTACT, GIROPAY, iDEAL, MULTIBANCO, SEPA DIRECT DEBIT, SOFORT, WECHAT PAY
6.4. For each order validated by the Seller, a debit request from the Buyer's bank account will be sent to his bank within 24 hours. In the event that payment is refused, the Company may block the order.
6.5. The Company works with a partner - Stripe - to protect Buyers when they pay with a physical or digital payment method. Stripe's infrastructure for storing, decrypting and transmitting card numbers runs independently, in accordance with the industry's most stringent security rules.


ARTICLE 7: Right of withdrawal

7.1. In accordance with Article L221-18 of the Consumer Code, in France, the Buyer has a right of withdrawal of 14 days from receipt of the Product, either by the Buyer himself, or by a third party other than the carrier that the Buyer has mandated.
7.2. To exercise his right, the Buyer does not have to justify his motives.
7.3. In the event that the Product has not yet been shipped, the Company will take into account the withdrawal decision and will reimburse the Purchaser within a maximum of 14 days from the date of withdrawal.
In the event that the Buyer has already received the Product, or the Product is in the course of delivery, the buyer may, within the period of 14 days, return the Packaged Product and under the right conditions, according to the initial delivery method. The cost of returning the Product will be covered by the Buyer.
7.4. Following full compliance with this procedure, the Company will reimburse the Purchaser via the same payment method used by the Buyer when ordering, within 14 days of its decision to retract.
However, the Company may decide to defer payment until the Seller has recovered the Product or the Buyer has received proof of reshipment.


ARTICLE 8: Obligations of the User

8.1. The User agrees to:

  • Guarantee the accuracy of the information he leaves on the Site
  • Choose a secure personal password and do not share it with others
  • Respect the rights of third parties and especially intellectual property rights
  • Do not impersonate other Users of the Site
  • Use the Site in strict compliance with applicable national and international laws and regulations

8.2. In the event of a breach, the Company reserves the right to temporarily or permanently suspend the User's account, and if necessary, to cancel the Agreement.
8.3. The Seller confirms that the items sold in his shop, are fully in accordance with public order, morality, the rights of third parties and laws in force.


ARTICLE 9: Responsibilities

9.1. Seller warrants:

  • The conformity of the Products that he sells in his shop
  • The accuracy of the content posted on his dedicated space
  • The absence of hidden defects in the Products
  • Respect for the rights of third parties
  • To the Company, the absence of claim of the Buyer on the aforementioned elements
  • The Company against any action in liability that would be incurred against him in respect of an operation performed by the Seller on the Site

9.2. The Company is not concerned in the contractual relationship between the Seller and the Buyer, beyond the mere provision of the Site facilitating the relationship between the Buyer and the Seller.
The Company will not be held liable for any damages that may result from the User, the fact of a third party or a case of force majeure.
9.3. However, indirect damage to the Company's business, defined in a non-limiting manner such as operating losses, loss of opportunity, data loss, image damage, reputation loss, commercial prejudice and economic, the eventual cessation of the activity of the User, would not fall under the responsibility of the Company.


ARTICLE 10: Product Warranties and Counterfeiting

10.1. The Purchaser benefits from the Seller of the legal guarantee of conformity registered in the article L217-4 of the code of the consumption and the guarantee of the hidden defects provided for in articles 1641 and following of the civil code.
10.2. This right relating to legal warranties is to be exercised directly with the Seller, in accordance with the Seller's COS.
10.3. Some Products may have an additional commercial warranty offered by Seller. In this eventuality, this guarantee will be indicated in the detailed description of the Product. The Company cannot be held responsible for the Seller or the manufacturer of the Product, failure to apply a commercial guarantee.
10.4. The Seller is prohibited from offering for sale any Product that may infringe the intellectual property rights of third parties and the Seller warrants to the Company against any third-party recourse in this regard.
Therefore, in the event that a third-party act against the Company in connection with the sale of any infringing Product on the Site, the Company would turn against the Seller to claim compensation for any loss it may have suffered for this purpose.
10.5. The User who notices the sale on the Site of a counterfeit Product, must report it to the Company immediately.
10.6. If the User buys a counterfeit Product on the Site, he must promptly inform the Company, and also turn against the Seller to claim any compensation for the damage suffered.
The Company cannot be held responsible by the Buyer for the sale of a counterfeit Product by the Seller.


ARTICLE 11: Intellectual Property

11.1. Each Seller owns the rights to the information on its dedicated space, including its own brands, brands contiguous to the Products in its shop, as well as textual, graphic, video, and other content visible on the Site in its space. Each Seller can change the content in his own space.
11.2. The Seller authorizes the Company, as part of its promotional activities for the Site, to use all or part of the content and / or brand belonging to the Seller, on other channels than the Site, including social networks, without this is not interpreted as a violation of Seller's intellectual property.
11.3. With the exception of the information provided by the Seller and the Buyer, all the technical, graphic, textual elements constituting the Site (including graphics, photographs, images, technologies, brands, logos, etc.) as well as the Site itself, are the exclusive property of the Company.
11.4. The User acknowledges that no property is transmitted to him, and that no right or license is granted to him, apart from the right to use the Site. Accordingly, the User may not represent, reproduce or modify, for commercial or non-commercial purposes, information on the Site, including the technical, graphic, textual or other elements of the Site.
11.5. Any unauthorized use of the Site constitutes copyright infringement and incurs the civil and / or criminal liability of its author and may lead to legal proceedings against it.


ARTICLE 12: Termination of the contract

12.1. Each User may request the deletion of his access to the Site by sending a request:

  • by email: contact@gimmefy.com
  • by mail at: 33 rue Louis Rouquier, 92300 Levallois-Perret, France

The unsubscription immediately entails the termination of the Contract. This termination will take effect within 30 working days from receipt of the request.
12.2. The Company reserves the right to terminate the Contract, without notice, in the event of a breach by the User of his obligations recorded in these COU.


ARTICLE 13: Force Majeure

13.1. Any unforeseeable, irresistible events such as (and not exhaustive) acts of war or terrorism, criminal acts, riots, natural or industrial disasters, explosions, disruption of electronic telecommunication networks, etc. beyond the control of the Company, shall be considered as a case of force majeure.
13.2. In case of force majeure, the Company may temporarily suspend the activities of the Site and any Contract also remains suspended during this period.


ARTICLE 14: Complaint and applicable law in case of dispute

14.1. In the context of a dispute, the Buyer must contact the Seller directly. If an amicable solution cannot be found, the Company may act as an intermediary. The User may also submit any complaints on the European Commission's dispute resolution platform to the address below:
https://ec.europa.eu/consumers/odr The European Commission will forward the complaint of the User to the competent French Mediators.
14.2. The main Contract is written in French. In the event that it is translated into other languages, it is the text in French that would be valid in case of dispute.
14.3. The resolution of any dispute relating to the validity, interpretation, execution or termination of the Contract, or in relation to it, shall first be amicably dealt with by the parties, before any be presented, in case of failure of the amicable solution, before a mediator, and finally before the court territorially competent of the registered office of the Company.


ARTICLE 15: Modification of the Conditions of Use

We reserve the right to make changes to any service of the Company, our procedures, our terms and conditions, including these Conditions of Use at any time. You are subject to the terms and conditions, procedures and Conditions of Use in effect at the time you use the Site. If a provision of these Conditions of Use is deemed invalid, void, or unenforceable, for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.


Last update on February 25, 2019


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