POINT GARANTIE sets up on www.garantie.club www.garantie.market www.mon-reparateur-garantie.fr (hereinafter referred to as the “Site”), a virtual market place (hereinafter referred to as the “Marketplace”) ) allowing buyers (hereinafter referred to as the "Buyers") to enter into a relationship with professional sellers (hereinafter referred to as the "Sellers") and to buy from them (hereinafter referred to as the "Purchase") new products at a firm price (hereinafter referred to as the “Products”).
In order to use the Marketplace, the Buyer agrees to submit to these Buyer General Terms and Conditions of Use (hereinafter referred to as the "Buyer T&Cs") without restriction or qualification, as well as to Shopify's General Terms and Conditions of Use available at clicking here.
This acceptance is materialized by a "click" of validation during registration on the Marketplace and on the occasion of each order.
Purchases made through the Marketplace between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are deemed accepted upon registration for each Purchase. POINT GARANTIE reserves the right to modify these Buyer T&Cs at any time. However, these new Buyer Terms will not apply to transactions in progress at the time of their entry into force.
Article 1: object
The purpose of these Buyer T&Cs is to define the conditions of use of the Marketplace by Buyers.
Article 2 – DESCRIPTION OF THE MARKETPLACE
The Marketplace is made up of a set of tools allowing Buyers to register on the Site, to get in touch with Sellers in order to place orders for Products, to pay the price of these Products, to confirm the receipt of the Products. Transactions carried out via the Marketplace for the purchase of Products are concluded directly between the Buyer and the Seller.
POINT GARANTIE is in no way a reseller of the Products offered by the Seller through the Marketplace. In the event of non-compliance with any of the provisions of these Buyer T&Cs, POINT GARANTI E reserves the right to temporarily or permanently interrupt access to the Marketplace for the Buyer, by suspending or terminating the present without notice or compensation.
Article 3 – ACCESS TO THE MARKETPLACE
Access to the Marketplace is reserved for strictly personal use. To this end, the Buyer expressly acknowledges making his Purchases on the Marketplace for private needs. In any event, the Buyer acknowledges having the legal capacity to make Purchases on the Site. The use of the Marketplace by Buyers is free, with no obligation to purchase. In addition to acceptance of these Buyer T&Cs, access to the Marketplace is subject to the Buyer opening an account on the Site. To use the Marketplace, the Buyer must use the username and password (hereinafter referred to as the "Usernames") created when opening his account on the Site. The Purchaser undertakes to keep the Identifiers secret and not to disclose them to any third party. The Buyer is solely responsible for access to the Marketplace using his Identifiers, unless there is proof of fraudulent use for which he is not responsible.
Article 4 – PERSONAL DATA
Information and data relating to any natural person representing the Purchaser are processed by POINT GARANTIE ; unless otherwise stated, they are essential for managing the Buyer's account and access to the Marketplace. The information necessary for delivery and invoicing will be transferred to the Seller for these purposes only. This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations incumbent, where applicable, on POINT GARANTIE .
In accordance with the law known as "computing and freedoms" of January 6, 1978, the Buyer has a right of opposition, access, rectification and deletion of personal data concerning him, under the conditions provided by law. . In accordance with the regulations in force, any request submitted in this respect must be accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the response must be sent. A response will then be sent within a maximum period of 2 months following receipt of the request.
Article 5 – INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright as well as intellectual property, for the entire duration of protection of these rights and for the whole world. Any reproduction or total or partial representation of the Site or of all or part of the elements found on the Site is strictly prohibited.
Article 6 – RESPONSIBILITY
POINT GARANTIE is in no way responsible for the exchanges and transactions carried out between the Sellers and the Buyers to which it remains totally foreign. The liability of POINT GARANTIE with regard to the Buyer can only be engaged for facts which would be directly attributable to it and which would cause it damage directly linked to these facts. It cannot be held liable for consequential damages.
Nor can POINT GARANTIE be held liable for improper use of the Marketplace by the Buyer or for any fault on his part. Nor can it be held liable for facts attributable to a third party on the Marketplace. In addition, in accordance with article 6-I, 2 and 3 of law n° 2004-575 of June 21, 2004 for confidence in the digital economy, POINT GARANTIE cannot be held liable for the content made available on the Site by Buyers or Sellers, in particular with regard to the description of the Products or the assessments that Buyers make of Sellers, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided for by this law.
WARRANTY ITEM disclaims all liability with regard to the Sales concluded by the Buyers through the Marketplace with the Sellers, to which it remains unrelated. Any dispute relating to a Sale concluded with a Seller must be addressed to WARRANTY POINT which will transmit all the information given by the Buyer to the Seller within two (1) working day. Any complaint relating to the comments appearing on the description of the Products or to the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this respect. The Buyer is solely responsible for the use he makes of the Marketplace, in particular the assessments he makes on the Site, and undertakes to guarantee on first request to indemnify and compensate for any damage, loss, lack of win, that could suffer if its responsibility were engaged by a third party, because of an action related to this use of the Marketplace by the Buyer.
WARRANTY ITEM is bound only by an obligation of means in the performance of the services offered on the Site. The responsibility of POINT GARANTIE cannot be engaged in the execution of a sale concluded between the Merchant and the Customer on the Site, in particular with regard to the conformity of the Product, the conformity of the offer of sale, the conditions of execution of the service after -sale, the ownership of the intellectual property rights relating to the Products.
The responsibility of POINT GARANTIE cannot be held liable to the Customer except for facts which will be directly attributable to it in its capacity as intermediary and which will have caused direct damage to the Customer.
WARRANTY ITEM undertakes to make its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to provide users with all the features of the Site.
The Site will be accessible 24 hours a day, 7 days a week.
By way of derogation, the Site may be temporarily unavailable during the curative or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of the occurrence of an event beyond the control of POINT GARANTIE .
In the event of the occurrence of a technical failure affecting the operation of the Site, POINT GUARANTEE undertakes to make its best efforts to restore the operation of the Site as soon as possible. WARRANTY ITEM cannot be held responsible for external intrusions, the presence of computer viruses in the computer system of the Customer using the Site, any consequences of an alteration, total or partial, of the functioning of the Site resulting from improper use of the Site by the Customer, of the non-functioning or slowness of the Customer's telecommunications network.
WARRANTY ITEM furthermore undertakes to implement all means to prevent Customer opinions contrary to these T&Cs and to legal or regulatory provisions, from being accessible on the Site. Its responsibility cannot be engaged for content of which it is not the author.
Generally speaking, POINT GUARANTEE can in no way be held responsible for any risky behavior by the Customer that may occur as a result of using the Site.
The Customer is solely responsible for the use he makes of the Site as well as the opinions he posts. The Client must not misuse his client account. The Customer also undertakes not to adopt any behavior contrary to these T&Cs and more generally, to the legal and regulatory provisions, in the use of the Site, failing which he may be held liable.
Article 7 – PARTIAL NULLITY
If one or more stipulations of these Buyer Terms are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope. WARRANTY ITEM
Article 8 – ATTRIBUTION OF JURISDICTION
These Buyer T&Cs are subject to French law. Any dispute relating to their interpretation and/or execution is subject to the jurisdiction of the courts within the jurisdiction of the registered office of POINT GARANTIE. .
Article 9 – FORCE MAJEURE POINT GUARANTEE cannot be held responsible for the non-execution or the delay in the execution of one of its obligations resulting from a case of force majeure, within the meaning of article 1218 of the Civil Code.
Will be considered as cases of force majeure all irresistible facts or circumstances external to
, unpredictable, unavoidable, beyond the control of POINT GARANTIE , and which cannot be prevented by the latter, despite all reasonably possible efforts. In addition to the cases retained by the legislation in force and French case law, are considered cases of force majeure, and this without being exhaustive, the following events:
• Blockages of networks and communication systems
•Total or partial strikes, lockouts, boycotts or similar events. •Attacks by computer hackers.
Article 10 – PERSONAL DATA
The Customer is informed that all the data collected within the framework of the operation of the Site, are processed by POINT GARANTIE .