GENERAL TERMS AND CONDITIONS OF USE FOR THE VIKI MARKETPLACE
Preamble
VIKI, a simplified joint-stock company with a single shareholder, registered with the Mulhouse Trade and Companies Register under number 932 320 385, whose registered office is located at 7 rue du Maréchal Lyautey, 68300 Saint Louis.
The following provisions establish the General Terms and Conditions of Use of the Platform, offered by VIKI, represented by its director, Filipe Freitas.
Company ID:
Address: 7 rue du Maréchal Lyautey, 68300 Saint Louis.
Share capital: €200
Registered in France with the Mulhouse Trade and Companies Register under number 932 320 385
Email:
contact@viki.org .
Site hosted by AMEN SASU
Postal address: 12-14, Rondpoint des Champs Elysées 75008 Paris
Paris Trade and Companies Register: 421 527 797 000 11 - Company with share capital of €37,000
Telephone: Customer Service can be reached Monday to Friday, 9 a.m. to 6 p.m., at +33 1 70 99 53 41 (cost of a local call).
The Sales Department can be reached Monday to Friday, 9 a.m. to 6 p.m., at 01 70 99 53 41 (cost of a local call).
The Operator's Platform offers an intermediation service between professional sellers (hereinafter "Sellers") and consumer Customers (hereinafter "Customers") for the purchase of household and family goods, toys, cosmetics, pet supplies, and any other products that complement the offerings on the Operator's Website (hereinafter "Products").
In this context, it is recalled that the Operator acts:
- As the Platform Operator, as a simple technical intermediary. Its role is limited to hosting Sellers' offers on the Platform and connecting them with Customers.
ANY USE OF THE PLATFORM FOR ANY PURPOSE IMPLICITLY IMPLIES THE USER'S IRREVOCABLE AND UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE.
1. PURPOSE
The purpose of these General Terms and Conditions of Use, entered into between the Operator and the User, is to establish the respective rights and obligations of the Parties in connection with the use of the Platform and all the Services offered therein.
They also provide the User with all legally required information in a clear, fair, and transparent manner.
The sale of Products by the Seller to the Customer is governed by the Sales Contract, consisting of the Product Sheet and the Seller's General Terms and Conditions, supplemented or replaced by the Platform's Commercial Conditions. In the event of a gap, absence, or contradiction between the two documents, the Platform's Commercial Conditions shall apply with priority.
2. DEFINITIONS
The terms mentioned below have the following meanings in these General Terms of Use:
- "Customer": means any natural person with the status of consumer, accessing the Platform and placing an Order for Products from a Seller.
- " Order ": means the purchase of a Product made by a Customer on the Platform.
- " Customer Account": means the interface hosted on the Platform in which all data provided by the Client or User and enabling them to benefit from the Services. Access to the Customer Account is via the
- "Platform Commercial Terms and Conditions": means the Commercial Terms and Conditions applicable to the sale of any Product through the Platform and supplementing, where applicable (in the event of a gap or contradiction), the Seller's Specific Terms and Conditions.
- " General Terms and Conditions of Use" or "Terms and Conditions": means these contractual terms and conditions made available at the bottom of each page of the Platform, in order to govern the use of the Platform by any User.
- "Sales Contract":means the contractual framework ultimately governing the sale of the Product through the Platform. The Sales Contract consists of the Product Sheet and the Seller's Specific Terms and Conditions, which may be supplemented or even replaced by the Platform's Terms and Conditions. In the event of a gap, absence, or contradiction between the two documents, the Platform's Terms and Conditions shall apply first.
- "Seller's Specific Terms and Conditions": means the Seller's General Terms and Conditions of Sale governing the distance selling of its Products.
- "Content": means all information, texts, logos, trademarks, animations, designs, photographs, data, and, in general, all elements and content of the Seller published on the Platform in accordance with the terms, format, and conditions offered to it as part of the Services.
- "Product Sheet": refers to the commercial offer related to a Product, which must provide all essential information legally required.
- "Logins": refers to the User's identification and password, required to access their Customer Account on the Platform.
- "Platform": includes all web pages, Services, and features offered to Users.
- "Party(ies)": in the plural, refers together to the Operator and the User. In the singular, refers to the Operator or the User.
- "Payment Service Provider" or "PSP": refers to the company, holding a banking license, providing, through the Operator, payment services to Sellers to enable them to collect payments from Customers: Woo commerce.
- "Product": refers to household and family equipment, toys, cosmetics, pet supplies, and any product supplementing the offerings on the Operator's Website, offered to the Customer by the Seller on the Platform.
- "Services": means all services offered by the Operator to Users through the Platform.
- "User": means any person who accesses and browses the Platform, whether they are a Seller, Customer, or a simple Internet user.
- " Seller ": means any professional who has subscribed to the Services offered by the Operator on the Platform.
3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
Use of the Platform and Services' features implies irrevocable and unreserved acceptance of these Terms and Conditions.
The Operator reserves the right to modify these Terms and Conditions at any time. Therefore, the User undertakes to read these General Terms and Conditions of Use carefully when accessing the Platform and is encouraged to download, print, and retain a copy.
These Terms and Conditions are referenced at the bottom of each page of the Platform by means of a hyperlink and may therefore be consulted at any time.
4. TECHNICAL SPECIFICATIONS
By using the Platform, the User acknowledges that they have the necessary resources and skills to use the features offered on the Platform.
The equipment required to access and use the Platform is the responsibility of the User, as are any telecommunications costs that may arise from its use.
The User agrees to comply with the technical specifications relating to the submission or inclusion of Content on the Platform, including any weight, size, dimension, character, formatting, or other limitations relating to the Content that they intend to submit to the Platform for any purpose whatsoever.
5. ROLE OF THE OPERATOR
5.1. Scope of the Operator's Intervention
The Operator may have two distinct roles on the Platform:
- Intervention of the Operator as a mere intermediary: The Platform published by the Operator consists of connecting Sellers and Customers electronically for the purpose of selling Products. The Operator exercises no control over the execution of Product sales and does not intervene in the transaction between the Customer and the Seller. The Sales Contract is therefore concluded exclusively and directly between the Customer and the Seller, with the Operator acting as a simple technical intermediary. The information on prices and descriptions of the Products are established by the Sellers under their sole responsibility. These General Terms of Use do not, under any circumstances, confer on Users the status of employee, agent, or representative of the Operator.
5.2. General Obligation to Provide Pre-Contractual Information: Loyalty, Clarity, and Transparency
As an online platform operator, the Operator acts in a neutral, clear, and transparent manner.
The Operator has no capital ties or legal dependence with any of the Sellers listed on the Platform that would influence the ranking or listing of the Products.
The Products presented to Users on the Platform are listed according to the terms detailed in Article 8.1 below.
6. Product Ranking
The Operator will perform different types of ranking:
- Manual ranking: the Operator can select the products they wish to rank first in the categories they have selected;
- Automatic ranking: the Operator can select highlighting or exclusion criteria.
- Ranking in order of relevance to the User's search.
Any preferential or priority listing of a Product will be brought to the User's attention, in accordance with applicable regulations.
7. ACCESS AND REGISTRATION CONDITIONS
Any User may access the Platform. Users wishing to register on the Platform are invited to follow the steps described below:
7.1. Registration as a Seller
To be listed on the Platform, the Seller is invited to contact the Operator by any means.
The registration and contractual relations between the Operator and the Seller wishing to benefit from the Intermediation Service are governed by the general terms and conditions of service, which will be provided to them during the registration process.
7.2. Registration as a Client
Any User wishing to access all the features offered by the Platform must first create an Account to become a Client.
Registration on the Platform as a Client is free.
To create their Account, the User is asked to provide all the required information and create their Login Details.
The email address and password constitute the User's Login Details.
All Users agree to create only one Account on the Platform. The Operator declines all liability for any harmful consequences that may result from the use of multiple Accounts for a single Client.
The User is fully responsible for the accuracy and updating of the data provided in the
process of opening and managing their Account.
Any User wishing to become a Client undertakes to provide the Operator with accurate, truthful, and up-to-date data that does not infringe, in any way, the rights of third parties, and to notify the Operator of any necessary updates to the data provided during registration.
Prior to placing an order, the Customer declares:
- That they have full legal capacity to enter into these Terms and Conditions and to enter into any potential Sales Contract
- Not to purchase Products for the purpose of
- That the purchase of Products on the Platform is not directly related to their professional activity and is limited to strictly professional use
Finally, the User must accept these Terms and Conditions before finalizing their registration.
The User shall be solely responsible for the use of their Logins or for actions performed through their Account.
In the event that a User discloses or uses their Logins in a manner contrary to their intended purpose,
the Operator may then delete their Account without notice or compensation.
Under no circumstances shall the Operator be held liable for the theft of a User's identity. Any access and actions performed from a User's Account shall be presumed to have been performed by that User, since the Operator is not obligated and does not have the technical means to verify the identity of persons accessing the Platform from an Account.
Any loss, misappropriation, or unauthorized use of a User's Login Information and its consequences are the sole responsibility of the User, who is required to notify the Operator without delay by emailing the following address: contact@viki.org
The User may close their Customer Account at any time by contacting the Operator at the following address: contact@viki.org
The Operator will deactivate the Customer Account as soon as possible and send the User an email confirming the closure of their Customer Account.
8. SERVICES
8.1. Services accessible to all Users
All Users may access the Platform and its various features free of charge. To access the various Services offered by the Operator, they must register as a Customer in accordance with Article 7 of these Terms and Conditions.
The main Service offered by the Operator consists of connecting Sellers with Customers for the sale of Products.
- Search by category and subcategory
The User may access the various Product categories.
By clicking on the category of their choice, the User may access all the corresponding subcategories.
All Products corresponding to the selected category/subcategory will then be displayed.
- Search by search engine of search
The User may use the search engine to search for a Product.
In this case, the results corresponding to their search will be presented to the User by default according to a relevance criterion determined as follows: Products with the most links to the keywords used by the User in their title, description, and product sheet will be displayed first.
When searching for Products on the Platform, the User may refine their queries using the filters
provided.
8.2. Services offered to any User with a Customer Account
By creating a Customer Account, any User will have access to the following features:
Any User who has created a Customer Account may place an Order for Products offered by Sellers via the Platform.
All Product Orders will be governed by the Sales Contract, which consists of:
- the Product Sheet and the Seller's specific T&Cs,
- possibly supplemented or even replaced by the Platform's Terms and Conditions. In the event of a gap, absence, or contradiction between the Seller's Specific T&Cs and the Platform's Terms and Conditions, the Platform's Terms and Conditions will apply.
The payment methods offered to Customers through the Platform are provided by the Payment Service Providers, in accordance with the Platform's Terms and Conditions.
By creating a Customer Account, the Customer will be able to track and manage their current Orders, access the history of all their Orders, place an identical Order, request a Product return, and contact the Seller.
8.3. Services offered to Sellers
The Operator offers Professional Users the opportunity to become Sellers on the Platform in order to benefit from certain Services detailed in the General Terms and Conditions, including the ability to be put in contact with Customers to sell their Products.
To do this, potential Sellers are invited to follow the steps described in Article 7.1 hereof.
9. OBLIGATIONS OF THE PARTIES
9.1. User Obligations
When using the Platform, each User undertakes not to disrupt public order and to comply with applicable laws and regulations, to respect the rights of third parties, and the provisions of these General Terms of Use.
Each User is required to:
- Behave fairly and lawfully towards the Operator and third parties;
- Be honest and truthful in the information provided to the Operator and, where applicable, to third-party Users;
- Use the Platform in accordance with its purpose as described in these Terms of Use;
- Not misuse the purpose of the Platform to commit crimes, offenses, or contraventions punishable by the Criminal Code or any other law;
- Not to carry out substantial or repeated extraction of the Platform's content in a manner that infringes the Operator's database producer rights;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Respect the Operator's intellectual property rights relating to the Platform's elements and, where applicable, the intellectual property rights of other Users;
- Not to seek to infringe, within the meaning of Articles 323-1 et seq. of the French Criminal Code, the automated data processing systems implemented on the Platform, in particular through practices such as scraping;
- Do not use the Platform to send unsolicited messages (advertising or otherwise) on a mass scale;
- Do not disseminate data that could diminish, disrupt, slow down, or interrupt the normal operation of the Platform.
In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1881
relating to freedom of the press, the User agrees not to disseminate messages or information:
- Constituting wrongful denigration of the Operator or Users of the Platform;
- Contrary to public order and good morals;
- Of an abusive, defamatory, racist, xenophobic, or revisionist nature, or one that attacks the honor or reputation of others;
- Inciting discrimination or hatred of a person or group of people based on their origin or their membership or non-membership of a particular ethnic group, nation, race, or religion;
- Threatening a person or group of people;
- Pedophile in nature;
- Inciting the commission of an offense, crime, or 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 enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs, and, in general, any software or other tool enabling the violation of the rights of others and the safety of persons and property;
- Commercial in nature (prospecting, etc.).
9.2. Operator's Obligations
The Operator's general obligation is an obligation of means. The Operator is not subject to any reinforced obligation of
result or means of any kind.
The Operator undertakes to use all means to ensure continuous access and use of the Platform 24/7.
However, the Operator draws Users' attention to the fact that current Internet communication protocols do not ensure the reliable and continuous transmission of electronic communications (messages, documents, identity of the sender or recipient).
Furthermore, in accordance with the provisions of Articles L.111-7 et seq. of the French Consumer Code, as an online platform operator, the Operator undertakes to provide clear, transparent, and fair information on the terms of its intervention.
10. LIABILITY
10.1. General Principles
The Operator disclaims all liability, in particular:
- In the event of temporary inaccessibility to the Platform for technical maintenance or updating of published information. Users acknowledge that the Operator shall not be held liable in the event of malfunctions or interruptions of said transmission networks;
- In the event of viral attacks, illicit intrusion into an automated data processing system;
- In the event of abnormal use or illicit exploitation of the Platform by a User or a third party;
- Regarding the content of third-party websites to which hyperlinks on the Platform refer;
- In the event of non-compliance with these Terms of Use 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 11 of these T&Cs;
- In the event of an external cause not attributable to the Operator;
- In the event of unlawful action by a Seller or User, or breach of contract for which a Seller or User is guilty in connection with the sale of a Product;
- 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 solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result.
10.2. Host Status
Users acknowledge that the Operator is a host within the meaning of Article 6 I 2° of the Law of June 21, 2004 on Confidence in the Digital Economy (LCEN).
As such, the Operator reserves the right to remove any content reported to it and that it considers
to be manifestly illicit within the meaning of Article 6 I 2° of the LCEN.
Notification of manifestly illicit content by a User or any other third party must be made by email to contact@viki.org.
In accordance with Article 6 I 5° of the LCEN, the User's notification, to be valid, must include the following information:
- The date of the notification;
- If the notifier is a natural person: their surname, first names, profession, address, nationality, date and place of birth; If the applicant is a legal entity: its form, name, registered office, and the body that legally represents it;
- The name and address of the recipient or, if it is a legal entity, its name and registered office;
- A description of the disputed facts and their precise location;
- The reasons why the content must be removed, including a reference to the legal provisions and supporting evidence;
- A copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal, or modification, or the justification for the The author or publisher could not be contacted.
10.3. Disputes between Customers and Sellers
It is specified that any dispute arising between a Customer and a Seller must be resolved between them, with the Seller remaining solely responsible for the delivery of the Products ordered via the Platform.
When the Customer contacts the Operator's customer service to file a complaint about a Seller, the Operator will forward the complaint to the relevant Seller, who will be solely responsible for handling the dispute.
In any event, the Party concerned by the User's complaint undertakes to respond to this
complaint as quickly as possible.
Concerned about the image of its Platform, the Operator invites the Parties to make their best efforts to amicably resolve any dispute in which they are involved.
It is nevertheless specified that Users may refer the matter to the Operator as mediator, in accordance with the
terms and conditions indicated on the Platform.
11. FORCE MAJEURE
The Operator shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these Terms and Conditions results from a case of force majeure.
Force majeure exists in contractual matters when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was entered into, and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the aforementioned events, the Operator will endeavor to inform the User as soon as possible.
12. INTELLECTUAL PROPERTY
12.1. Ownership of Users' Intellectual Property Rights
When using the Platform, Users may present photographs, trademarks, logos, designs, and other models belonging to them or to third parties.
Any User posting Content via the Platform guarantees that they have the right to make a
representation of all Content and will hold the Operator harmless.
In any event, the Operator shall not be held liable for any act of infringement, given its simple capacity as host of the Content published by Users (except in cases where the Operator acts as a Seller).
The User assigns to the Operator, free of charge and on a non-exclusive basis, all intellectual property rights
relating to any Content published on the Platform, under the conditions defined below:
- The right of representation, including, but not limited to: the right to communicate, distribute, and disclose to the public all or part of the Content, for internal or external communication purposes, for advertising or promotional purposes, and by all technical means known or unknown to date.
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