E-SHOP TERMS & CONDITIONS OF USE (T&CU) BUYERS / PROFESSIONAL VISITORS
COMEXPOSIUM, a simplified joint stock company with a capital of €60,000.000, registered in the Nanterre Trade and Companies Register under number 316 780 519, having its registered office at 70 avenue du Général de Gaulle 92058 Paris la Défense, in the person of its CEO domiciled in this capacity at the said office (hereinafter the "OPERATOR"), publishes and makes available the Internet platform accessible at the address www.cxmp.com, via the "E-SHOP" tab (hereinafter the "E-SHOP PLATFORM").
The OPERATOR offers, via the E-SHOP PLATFORM, an online BtoB intermediation service whose purpose is to electronically bring together Professional Sellers (hereinafter the "SELLERS") and Professional Buyers (hereinafter the "BUYERS") in order to enable the latter to acquire products offered for sale on the platform.
SELLERS and BUYERS undertake to contract only as PROFESSIONALS.
The E-SHOP PLATFORM is also intended to allow a PROFESSIONAL VISITOR to access the CATALOGUE of products offered by SELLERS in their SALES AREA without, however, being able to purchase them.
The OPERATOR is not the owner of the PRODUCTS marketed via the E-SHOP PLATFORM and is never in possession of them.
The OPERATOR purely acts as an intermediary to bring SELLERS together with potential BUYERS, without ever representing them or guaranteeing the success of the transaction, the latter being the sole decision-makers on the conclusion of the sales contract.
The OPERATOR, the SELLER and the BUYER are independent of one another. Unless expressly provided otherwise, these General Terms and Conditions of Use do not create any relationship of subordination, mandate, representation and/or constitute any joint venture between the OPERATOR and the users of the E-SHOP PLATFORM.
The OPERATOR also allows, via the EVENT PLATFORM, exhibitors registered on physical tradeshows organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group (hereinafter the "EXHIBITORS") to promote the products they offer on the said exhibitions.
ARTICLE 1. PURPOSE
The purpose of these General Terms and Conditions of Use (hereinafter the "T&CU") is to govern the conditions of access to and use of the E-SHOP PLATFORM by BUYERS and PROFESSIONAL VISITORS, as well as the respective rights and obligations of the PARTIES arising from the use of the features of this PLATFORM according to their quality.
ARTICLE 2. SCOPE OF APPLICATION
These General Terms and Conditions of Use (T&CU), which can be accessed at any time on the website www.cxmp.com, apply, without restriction or reservation, to the use of the technological tools and services made available to BUYERS or PROFESSIONAL VISITORS by the OPERATOR.
These General Terms and Conditions apply as soon as the account is created on www.cxmp.com.
These T&CU may be subject to subsequent modifications. However, the user of the E-SHOP PLATFORM shall be notified of any such changes at least fifteen (15) days before they come into force. During this period, the user of the E-SHOP PLATFORM may object to their enforceability by written declaration. After this period, the changes will be enforceable against the user of the E-SHOP PLATFORM.
They shall prevail in all their provisions over any other version or any other document, that the BUYER or PROFESSIONAL VISITOR may issue in the context of their relationship with the OPERATOR.
These General Conditions are distinct from the SELLER's General and/or Special Conditions which apply to the relationship between a SELLER and a BUYER.
It is specified that the SELLERS on the E-SHOP PLATFORM, are subject to specific General Conditions of Use and Service also available at any time on the website www.cxmp.com, which BUYERS are invited to consult.
EXHIBITORS using the EVENT PLATFORM are subject to specific General Terms and Conditions of Use and Service, also available at any time on the website www.cxmp.com, which BUYERS and PROFESSIONAL VISITORS are invited to consult.
In using the E-SHOP PLATFORM, BUYERS and PROFESSIONAL VISITORS undertake to read these T&CU carefully and acknowledge that the current content of these T&CU does not create any significant imbalance between the PARTIES.
They are duly accepted by the BUYER and PROFESSIONAL VISITOR upon the creation of their account.
ARTICLE 3. DEFINITIONS
The terms used below have the following meanings in this CONTRACT:
"BACK OFFICE": refers to the interface allowing the SELLER to access and configure their SALES AREA. It also refers to the interface allowing the BUYER or PROFESSIONAL VISITOR to access their account and in particular to configure their PROFILE. USERS gain access to the BACK OFFICE using their IDENTIFIERS. The BACK OFFICE contains all the information provided by the user.
"BUYER": means any professional, natural or legal person accessing the WEBSITE and proceeding to purchase one or more PRODUCTS offered by a SELLER as part of their commercial, industrial, trade, independent or agricultural activity via the E-SHOP PLATFORM.
"CATALOGUE": refers to all the PRODUCTS containing a minimum of twenty (20) articles that the SELLER wishes to present for sale through their SALES AREA.
"CONFIDENTIAL INFORMATION" means all financial, legal, technical, commercial and strategic information, as well as data including personal identification elements, documents of any kind, drawings, concepts, manufacturing secrets, know-how, information systems, software, transmitted or made known to a PARTY under the CONTRACT, regardless of the form and/or media used.
"CONTENT": refers to all the information, texts, logos, brands, animations, drawings and models, photographs, hypertext links, and in general all the elements and content posted online by the SELLER, in particular in their SALES AREA, or by the BUYER or the PROFESSIONAL VISITOR, in particular in their PROFILE, in accordance with the terms, form and conditions proposed to them as part of the use of the WEBSITE or the E-SHOP PLATFORM.
"CONTRACT PACKAGE": means these General Terms and Conditions of Use and the policy for the use and processing of personal data.
"CONTRACT": means these General Terms and Conditions of Use .
"EVENT": means any physical exhibition organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group in one of the following sectors of activity: food, fashion, lingerie, optics, sport or lifestyle.
"EXHIBITOR": means any PROFESSIONAL registered for an EVENT as an exhibitor accessing the EVENT PLATFORM.
"GENERAL TERMS AND CONDITIONS OF SALE" or "T&C": refers to the distance selling contract for PRODUCTS between the BUYER and the SELLER.
"IDENTIFIERS": refers to the email address provided by the PLATFORM user when registering and the password allowing access to the BACK OFFICE. These IDENTIFIERS are for the exclusive use of the PLATFORM user, who is solely responsible for them.
"OFFER": means the essential elements of the PRODUCT, subject of the contract envisaged by the SELLER, and expresses the latter's willingness to be bound in case of acceptance by the BUYER.
"ORDER": refers to the choice of PRODUCTS offered by the SELLER for which the BUYER expresses their wish to purchase.
"PARTIES": means individually the OPERATOR, BUYER or PROFESSIONAL VISITOR, or collectively mean the OPERATOR and the BUYER or the OPERATOR and the PROFESSIONAL VISITOR.
"PAYMENT SERVICE PROVIDER": means the payment service provider, WEBHELP PAYMENT SERVICES FRANCE SAS, a payment institution (establishment code 16518 approved by the Autorité de contrôle prudentiel et de résolution and registered in Europe,) managing the financial flows passing through the E-SHOP PLATFORM on behalf of the SELLER and the OPERATOR.
"PLATFORM": refers to the service that acts as an intermediary in accessing information, content, goods and services that can be accessed from the address www.cxmp.com and after registration, the terms of which differ depending on the status of the PLATFORM user.
"PRODUCT": means a product that falls within one of the categories offered by the E-SHOP PLATFORM: food, fashion, lingerie, optical, sport or lifestyle, marketed by a SELLER and available on the E-SHOP PLATFORM. Only those PRODUCTS that the SELLER is authorised to distribute physically are considered as PRODUCTS.
"PRODUCT PAGE": means the presentation page of a PRODUCT containing all the information on its main characteristics, including its price, its specificities, its dimensions, if any, its duration and its storage conditions.
"PROFESSIONAL VISITOR": means any PROFESSIONAL in one of the sectors of activity of food, fashion, lingerie, optics, sport or lifestyle, accessing the E-SHOP PLATFORM and who does not have the faculty to purchase one or more PRODUCTS offered by a SELLER.
"PROFESSIONAL" means any natural or legal person, public or private, acting for purposes relating to their commercial, industrial, trade, independent or agricultural activity, including when acting in the name and on behalf of another professional.
"PROFILE": refers to the BUYER’s or PROFESSIONAL VISITOR’s presentation page containing all their information visible to SELLERS on the E-SHOP PLATFORM.
"SALES AREA": means the space allocated by the OPERATOR to the SELLER on the E-SHOP PLATFORM allowing the SELLER to guarantee the visibility of their company and their PRODUCTS.
"SELLER": means any professional, natural or legal person, acting for purposes within the scope of their commercial, industrial, trade, independent or agricultural activity, who has subscribed to the SERVICES when registering on the E-SHOP PLATFORM.
"SERVICES": refers to all the SERVICES provided by the OPERATOR and/or the PAYMENT SERVICE PROVIDER to the SELLERS within the framework of the present contract.
"WEBSITE": means the website accessible from the address www.cxmp.com
ARTICLE 4. REGISTRATION PROCEDURES
The E-SHOP PLATFORM can be accessed directly on www.cxmp.com.
By registering, the BUYER and PROFESSIONAL VISITOR is understood to accept, without restriction or reservation, these T&CU, the policy on the use and processing of personal data, which form an indivisible CONTRACT PACKAGE which the BUYER and PROFESSIONAL VISITOR acknowledge they have read.
Registration on the E-SHOP PLATFORM is free of charge (with the exception of charges invoiced by the Internet service provider). Using the E-SHOP PLATFORM does not entail any obligation to make any purchases on it.
4.1. REGISTRATION FORM
Any user who wishes to access the E-SHOP PLATFORM to acquire PRODUCTS or consult its entire content must first register by creating an account on the site www.cxmp.com, via the "BECOME A BUYER" tab.
To create an account, the user must be a PROFESSIONAL in one of the sectors of activity connected with the sectors proposed by the E-SHOP PLATFORM, namely food, fashion, lingerie, optics, sport or lifestyle.
This creation also requires them to disclose personal information such as last name, first name, telephone number, e-mail address, or information relating to the company, such as the name of the company, its sector of activity ("sector"), the country, the intra-community VAT number.
The user must also specify whether they are a BUYER or a PROFESSIONAL VISITOR.
The creation of the account requires the entry of an email address and the creation of a password. These IDENTIFIERS are necessary for each connection.
The BUYER and the PROFESSIONAL VISITOR must ensure that this email address is valid, as notifications relating to the E-SHOP PLATFORM are sent to it.
In order to complete their registration, the BUYER and the PROFESSIONAL VISITOR must accept these T&CU as well as the policy on the use and processing of personal data to which they have free access via the WEBSITE www.cxmp.com and which they acknowledge they have read.
The account is valid for an indefinite period.
People under 18 are not permitted to register on the E-SHOP PLATFORM.
Declarations of the BUYER and PROFESSIONAL VISITOR
By creating an account, the BUYER and PROFESSIONAL VISITOR solemnly declare that they:
have the capacity and authority to enter into commitments (aged 18+, not disqualified from their profession, no insolvency proceedings ongoing, etc.);
are a PROFESSIONAL in one of the sectors of activity connected with the sectors proposed by the E-SHOP PLATFORM, i.e. food, fashion, lingerie, optics, sport or lifestyle;
have submitted information on them that is up-to-date, accurate, sincere, and non-misleading, free of fraud or impersonation;
have read and accepted without reservation the present T&CU and the policy on the use and processing of personal data.
Furthermore, the BUYER certifies that they/
comply with the regulations in force relating to the exercise of their activity, in particular as regards accounting, social and tax obligations, protection of personal data, the fight against corruption and concealed employment;
The OPERATOR has only an intermediation role. It has no active role in the exchanges that may take place between users of the E-SHOP PLATFORM, and does not verify the PRODUCTS, their compliance with the regulations in force, or the rights of SELLERS to the PRODUCTS displayed in their SALES AREA. The OPERATOR nevertheless reserves the right to remove any manifestly illegal CONTENT or to suspend access to features of the E-SHOP PLATFORM of any SELLER, if reported.
Acknowledgement of receipt of the application
The registration application generates an e-mail acknowledging receipt of the BUYER’s or PROFESSIONAL VISITOR’s application, sent to the given address.
Registration automatically leads to the activation of the BUYER's or PROFESSIONAL VISITOR's account by the OPERATOR and gives them access to their BACK OFFICE. From there, the BUYER or PROFESSIONAL VISITOR can configure their PROFILE and benefit from the functionalities of the PLATFORM according to the terms and technical means determined by the OPERATOR.
ACCESS TO THE E-SHOP PLATFORM
Access to the E-SHOP PLATFORM requires the BUYER or PROFESSIONAL VISITOR to sign in to their account by entering their IDENTIFIERS.
They undertake to keep their data confidential and not to disclose it to anyone else.
The BUYER or PROFESSIONAL VISITOR must maintain the security of their IDENTIFIERS and acknowledges that they are solely responsible for them.
By express agreement between the PARTIES, any activity or transaction carried out by means of the IDENTIFIERS shall be deemed to originate from the BUYER or PROFESSIONAL VISITOR, who shall be solely responsible for it.
In the event of non-compliance with these confidentiality and non-disclosure obligations, the OPERATOR reserves the right to temporarily or permanently interrupt the BUYER or PROFESSIONAL VISITOR’s access to the PLATFORM’s features by suspending their account under the conditions of article 9.2.1, it being specified that this suspension may lead to a termination.
In the event of theft, misappropriation or usurpation of its data, the BUYER or PROFESSIONAL VISITOR shall immediately notify the OPERATOR by any means that they choose.
ARTICLE 5. USE OF THE E-SHOP PLATFORM
The OPERATOR undertakes to provide BUYERS and PROFESSIONAL VISITORS with a software architecture that enables them to benefit from the functionalities of the E-SHOP PLATFORM, depending on their quality.
5.1. FEATURES OFFERED TO BUYERS AND PROFESSIONAL VISITORS
BUYERS and PROFESSIONAL VISITORS have access to a BACK OFFICE allowing them to :
fill in, complete or modify their PROFILE ;
set up their account.
They can also :
browse the E-SHOP PLATFORM,
consult the SELLERS' PROFILES, their CATALOGUE, the essential characteristics of their PRODUCTS as well as the information made available by the SELLERS, using the different tabs.
search for specific SELLERS or specific products using the search bar.
Access the EVENTS ticketing system by a link redirecting them to the site provided for this purpose.
5.2. FEATURES OFFERED EXCLUSIVELY TO BUYERS
The OPERATOR offers a set of tools enabling BUYERS, and where applicable their collaborators, to contact SELLERS in order to communicate with them and place orders for PRODUCTS if they so wish.
To do this, BUYERS have access to all PRODUCTS on the E-SHOP PLATFORM and can consult all the information on the PRODUCT SHEETS.
Through his BACK OFFICE, the BUYER can :
Manage their PROFILE by adding an attachment, one or more addresses;
Send contact requests to SELLERS and exchange with them:
Access their PRODUCT wish list ;
Formulate and follow up requests for quotations:
Track their PRODUCT orders and view their payments;
Accessing their bills,
Manage and follow up on possible disputes.
5.2.1 Creating sub-accounts
The BUYER can create, via the tab "Create a sub-account", up to three sub-accounts for use by collaborators and/or employees of their company, by entering, for each of them, their last name, first name, email address, the address of delivery and invoicing for the purchases carried out. The BUYER determines the accesses and features granted to these collaborators and/or employees.
They remain fully responsible for the sub-accounts created and the activity carried out from them.
5.2.2 Communication between BUYERS and SELLERS
The BUYER can send contact requests to the SELLER of their choice, in particular to obtain information on the PRODUCTS, by means of the messaging service accessible from the PRODUCT SHEETS, the SALES AREAS and the SELLER PROFILES, as well as via the "Messages" tab of their BACK OFFICE.
Dealing with these contact requests is left to the sole discretion of the SELLER, who is free to respond or not, without the OPERATOR being held liable in this respect.
The BUYER can find all of their exchanges with the SELLERS in the "Messages" tab as well as all of the SELLERS contacted in the "Contacts" tab of their BACK OFFICE.
5.2.3 Purchase of PRODUCTS
The BUYER may, through the E-SHOP PLATFORM, order one or more PRODUCT(S) from the SELLER(S) of their choice.
It is reiterated that the OPERATOR is not a party to the sales contract, which is solely binding on the BUYER and the SELLER.
The OPERATOR, acting as an intermediary, shall not be held liable for any breach of the commitments made by the BUYER and the SELLER under the said sales contract.
The BUYER undertakes to act for professional purposes within the meaning of the preliminary article of the French Consumer Code, it being recalled that the E-SHOP PLATFORM is a BtoB platform.
184.108.40.206 General Terms and Conditions of Sale of PRODUCTS
SELLERS publish their General Terms and Conditions of Sale applicable to orders for PRODUCTS on the E-SHOP PLATFORM.
PRODUCTS shall be purchased in accordance with the General and/or Special Terms and Conditions of Sale of the relevant SELLER, which shall be consistent with these Terms and Conditions and in accordance with the rules of general sales law, including e-commerce law, and its outcomes.
SELLERS alone determine the content of these General Terms and Conditions of Sale and the OPERATOR shall not be held responsible for them.
BUYERS undertake to read them before accepting them when placing their ORDER.
The PLATFORM is dedicated to the sale of any type of PRODUCT whose marketing is not prohibited under national law.
The PRODUCTS offered for sale via the PLATFORM fall into one of the categories offered by the PLATFORM, namely food, fashion, lingerie, optical, sport or lifestyle.
The SELLERS undertake to ensure that the PRODUCTS offered comply with the regulations in force and respect quality, hygiene, safety and traceability criteria in the case of fresh PRODUCTS and that the description of the PRODUCTS, without this list being exhaustive, includes :
one or more visuals of the PRODUCT for which the SELLER has all rights and authorisations to use
its essential characteristics
a commercial name description that matches its description
the sales price excluding VAT
the applicable VAT rate
the minimum order (if applicable)
all the legal and regulatory details applicable to its sale .
220.127.116.11. Price of PRODUCTS
Sales can be made at firm prices or following a request for quotation.
Sale at firm price
The selling price of the PRODUCTS is freely defined by the SELLER, in compliance with the laws and regulations in force.
The SELLER shall determine their price lists.
The price may vary according to objective criteria of area, sector or existing business relationships.
The BUYER may also benefit from promotions set up by the SELLER on a PRODUCT or on the whole of their CATALOGUE, by coupons, by loyalty points, in particular because of the quantity purchased or the chosen delivery method.
Prices are quoted in euros excluding VAT. There is no price negotiation. Prices may also be quoted in foreign currencies if the function exists.
Sale on request of prior estimate
The BUYER may make requests for quotations when it is indicated by the SELLER that the price of the PRODUCT will be supplied on the basis of a prior quotation.
In this case, the SELLER shall provide all relevant information to make the price determinable.
From the dedicated tab in the BACK OFFICE, the BUYER can make requests for quotations, consult those that they have made, and the responses sent by the SELLER.
In the event that the SELLER replies to a request for quotation, the price is then automatically transmitted via the PLATFORM to the interested BUYER who may, in turn, accept or refuse it.
If the BUYER accepts the SELLER's price, the transaction then follows the sales process defined below, the sale being considered final only when the SELLER has validated the BUYER's order. The BUYER is immediately informed of this by e-mail.
18.104.22.168. On the availability of PRODUCTS
The SELLER has undertaken to offer for sale PRODUCTS that are effectively available and that comply with the characteristics described on the E-SHOP PLATFORM.
If the SELLER sells their stock of PRODUCTS through other means than the E-SHOP PLATFORM, he is obliged to update the quantities available on the said PLATFORM and, if necessary, to indicate if a type of PRODUCT is out of stock.
In case of exceptional unavailability of the PRODUCT during the sales process, in particular in case of simultaneous orders of the same PRODUCT, the SELLER undertakes to inform the BUYER. The SELLER may offer to substitute the unavailable PRODUCT by a PRODUCT of equivalent or higher quality. In the absence of availability or possible substitution, the sale shall be null and void and the sums paid by the BUYER shall be returned to him by the SELLER, in accordance with his General Terms of Sale.
If the SELLER, due to the nature of his activity, is led to offer PRODUCTS for sale on the basis of a prototype implying an immediate unavailability of the latter due to the time required for their production, he undertakes to manufacture the PRODUCT ordered within the time limits and according to the characteristics agreed upon with the BUYER. Failing this, the sale shall be null and void and the sums paid by the BUYER shall be returned to them by the SELLER, in accordance with their General Terms and Conditions of Sale.
22.214.171.124 Ordering PRODUCTS
No order can be placed without the acceptance of the SELLER's General Terms and Conditions of Sale.
The BUYER can order by :
selecting the PRODUCT(S) they want, via the PRODUCT SHEETS or via the previously created wish list accessible from their BACK OFFICE;
accepting the quotation issued by the SELLER following their prior request.
The selected PRODUCTS are placed in the shopping cart at the proposed price conditions.
The BUYER checks the details of their order and its total amount.
After validating their cart, they choose the delivery address and billing address.
The BUYER shall ensure that the information they provide to the SELLER at the time of ordering is correct and complete, particularly with regard to the delivery and billing addresses for the PRODUCTS ordered.
After selecting the delivery method, the BUYER reaches the stage of their order summary to confirm their purchase.
At any time up to order conformation, they can check the details of their order and total price and can return to the previous pages to modify, delete and/or add one or several other PRODUCT(S) or modify the delivery arrangements. The BUYER thus has the opportunity to check the details of their order, its total price and to correct possible errors before expressing their acceptance.
They select the means of payment from among those proposed in article 126.96.36.199 hereof.
To confirm their order, they must accept the SELLER's General Terms and Conditions of Sale, which can once again be consulted via the dedicated hypertext link.
They confirm their order and then proceeds, according to the chosen method, to pay for the order, including delivery costs.
A summary email of the purchase order is sent to the BUYER.
The SELLER is informed by e-mail of each order placed via the E-SHOP PLATFORM and has undertaken to consult their BACK OFFICE at least once (1) a day to acknowledge receipt of the order. The SELLER has undertaken to process any order placed by the BUYER by validating or rejecting it within three (3) working days from the date of acknowledgement. After this period, the order is automatically cancelled by the OPERATOR.
The SELLER and the BUYER shall be notified of the cancellation of the order by e-mail.
The BUYER will then be fully reimbursed and the amounts effectively debited will be credited back to the account.
The order of a BUYER is considered as final only after having been duly validated by the SELLER. The latter has undertaken to inform the BUYER immediately, by e-mail, and the sale is considered concluded at this date.
The mere presentation of a PRODUCT in the CATALOGUE cannot therefore be considered as a firm offer.
The sales contract is concluded directly between the BUYER and the SELLER. The OPERATOR is in no way a party to this contract of sale or to any contracts that may follow or accessory to it.
The sale and its consequences are governed solely by the SELLER's General Terms and Conditions of Sale.
Invoicing and order history
Regardless of the terms and conditions of the order, the final validation of the order by the SELLER will automatically result in an invoice being issued in their name and on their behalf, which will be sent to the BUYER and will be available in the "Invoicing" tab of the BUYER's BACK OFFICE.
The BUYER also has access to all orders placed in the “Orders” tab of their BACK OFFICE.
188.8.131.52. - Payment for the order
The BUYER pays for the PRODUCTS in one of the following ways:
Immediate prepayment by credit card, with the opening of a specific page where they can enter their credit card details. In these circumstances, the cards CB, Visa and Mastercard are accepted. If the BUYER selects this method of payment, they are redirected to a secure payment page via the payment platform of the PAYMENT SERVICE PROVIDER that meets the PCI-DSS requirements. Payment by card is the only way available to the BUYER for their first payment for PRODUCTS.
Immediate payment by bank transfer;
Payment on invoice deadline by bank transfer (30 days). In this eventuality, the BUYER is directed to a page recapitulating the information necessary for the bank transfer: IBAN, BIC and name of the holder of the bank account, exact amount and reference to be specified on the transfer (invoice number);
In the case of a payment by Credit Card, the BUYER will be automatically redirected to the transaction platform of the PAYMENT SERVICE PROVIDER, which is mandated by the SELLER to collect, in their name and on their behalf, the sales price of orders.
The banking details are entered via a secure server which guarantees the safety and confidentiality of the information provided by the BUYER during the transaction.
The banking data of the BUYER is in no case known to the OPERATOR or archived by the latter.
The BUYER is debited of the amount of their purchase at the time they place their order, and if the BUYER's bank refuses to authorise payment, the order will be cancelled.
184.108.40.206. – Shipping and delivery of PRODUCTS
The conditions and delivery times of the PRODUCTS are defined by the SELLER's General Terms and conditions of Sale, which the BUYER will have read and accepted when placing their order.
The SELLER has undertaken to deliver the PRODUCTS or have them delivered by the carrier of its choice, under its sole responsibility and in strict compliance with the contractual terms agreed with the BUYER, in particular by respecting the packaging appropriate to the PRODUCTS, their nature and their state of preservation.
The SELLER has undertaken to comply with all legal obligations in terms of transport, in particular by transmitting the required documents (consignment note, health certificate, etc.).
The SELLER has undertaken to exercise due diligence in processing the various orders sent to them.
220.127.116.11. - Claims / disputes between the BUYER and the SELLER
The BUYER may contact the SELLER and address any claim relating to the PRODUCTS ordered via the "Disputes" tab of their BACK OFFICE, with the SELLER being obliged to respond as soon as possible.
The BUYER shall settle any dispute between them directly with the SELLER.
The OPERATOR, as a mere intermediary, shall not be liable for the conclusion and execution of the order, the sale of the PRODUCT(S), and their compliance with the legal rules applicable in particular to the common law of sale including electronic commerce and its outcomes. The OPERATOR shall not be liable for the General Terms and Conditions of Sale adopted and published by the SELLER.
In all events, in its desire to protect the image of its PLATFORM, the OPERATOR invites the SELLER and BUYER to make their best efforts to amicably resolve any dispute arising between them. If the BUYER's claim proves to be well-founded, the SELLER has undertaken to proceed either with the shipment of a new PRODUCT, or with its reimbursement, at the latest within thirty (30) days from the initial claim.
In case of persistent disagreement, the SELLER or the BUYER may contact the OPERATOR via the address [email protected], to help them find an amicable solution to the dispute encountered.
In this context, the SELLER and the BUYER authorise the OPERATOR to consult the exchanges in the "Disputes" tab of their respective BACK OFFICE.
The OPERATOR's role is neither that of a mediator nor that of a conciliator within the meaning of the French Code of Civil Procedure. Any attempt by the OPERATOR to resolve the dispute does not in any way suspend or condition the other amicable or jurisdictional remedies available to the SELLER and the BUYER.
The OPERATOR's intervention is limited to recommending a solution acceptable to the SELLER and the BUYER in order to resolve their dispute amicably. Consequently, the BUYER and the SELLER remain free to follow its recommendations.
18.104.22.168 Exceptional offers
Promotional offer “Special offer during Who’s Next and SportAchat trade shows”
The OPERATOR offers three hundred (300) euros to the first 50 new BUYERS who have placed an order for a minimum amount of (600) six hundred € excluding tax, from January 21 and until February 21, 2023 inclusive..
A BUYER can only benefit from this offer once.
The Offer is reserved for BUYER whose registered office or similar is located in the European Economic Area (EEA).
This Offer is valid from January 21 to February 21, 2023 inclusive..
To be able to benefit from the Offer, the first 50 new BUYERS must, in their personal space on the CXMP platform, in the order tab, indicate that their order has been received..
Upon validation, CXMP will make the transfer of (300) three hundred euros to the bank account communicated by the BUYER to the OPERATOR
ARTICLE 6. OBLIGATIONS AND LIABILITY OF THE OPERATOR
It is expressly agreed between the PARTIES that the OPERATOR is subject to a general obligation of means in the provision of the E-SHOP PLATFORM.
The OPERATOR undertakes to make every effort to:
Guarantee the physical and logical security of its information systems;
Enable commercial exchanges and transactions to be carried out in a secure environment using a reliable computer protocol;
Minimise the risk of a security breach.
6.2. AVAILABILITY AND MAINTENANCE
The OPERATOR undertakes to make every effort to make the E-SHOP PLATFORM accessible at all times, except in the event of force majeure or an event beyond the OPERATOR's control.
However, the OPERATOR shall not be held responsible for any disruptions, interruptions or anomalies that are not of its making and that affect, for example, transmissions via the Internet network and more generally via the communication network, regardless of the extent and duration thereof.
The OPERATOR reserves the right to temporarily interrupt access to the E-SHOP PLATFORM or to suspend all or part of the features or services for maintenance reasons, for the improvement and installation of new functionalities, to audit the proper functioning or in the event of a malfunction, a threat of malfunction, or for compliance with security standards.
The OPERATOR provides BUYERS and PROFESSIONAL VISITORS with an assistance service accessible:
by telephone on +33 9 70 84 51 28 from 10am to 5pm from Monday to Friday, Paris time. These times may change depending on the activity of the PLATFORM. The OPERATOR will inform the BUYER and PROFESSIONAL VISITOR by email.
by email to [email protected]
Any intervention resulting from misuse by the BUYER or PROFESSIONAL VISITOR of the E-SHOP PLATFORM may give rise to specific invoicing after acceptance of a prior quote to remedy the consequences thereof.
6.3.1. Storage of CONTENT
The OPERATOR shall comply with the legal and regulatory time limits for the storage of the PLATFORM user's CONTENT on the PLATFORM.
In accordance with Article L.123-22 of the French Commercial Code, invoices and accounting data shall be kept for ten (10) years.
Pursuant to Articles 2224 et seq. of the French Civil Code, evidence of the existence of the CONTRACT shall be kept for five (5) years.
In application of article 6 II of French Act n°2004-575 of 21 June 2004 on confidence in the digital economy, data is stored under the conditions of French Decree n°2021-1362 of 20 October 2021.
In the event of termination of the CONTRACT, the procedures for deleting the CONTENT are detailed in Article 9.3 hereof.
7.3.2. Host of the CONTENT
The OPERATOR is the host of the CONTENT published by the SELLER on their SALES AREA or by the BUYER or PROFESSIONAL VISITOR in their PROFILE, within the meaning of Article 6.I.2 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy.
In this respect, the OPERATOR has the right to withdraw any obviously illicit CONTENT published on the SELLER's SALES AREA or in the BUYER’s or PROFESSIONAL VISITOR’s PROFILE that has been duly notified to it by any user of the WEBSITE or the PLATFORM by email to the following address: [email protected] and by registered mail with acknowledgement of receipt to the following address: COMEXPOSIUM - 70 Avenue du Général de Gaulle 92800 Puteaux.
In accordance with the provisions of article 6 I 5° of French Act n°2004-575 of 21 June 2004 on confidence in the digital economy, the notification by USER must include the following information:
- if the USER is a natural person: their last name, first name, e-mail address;
- if the USER is a legal entity: its corporate form, its company name, its e-mail address;
- if the USER is an administrative authority: its name and e-mail address;
- a description of the disputed CONTENT, its precise location and, where applicable, the electronic address(es) to which it is made available;
- the legal grounds on which the disputed CONTENT should be removed or made inaccessible;
- a copy of the correspondence sent to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted, except for the offences mentioned in the third subsection of paragraph 7 of this I as well as in Article 24a and the third and fourth paragraphs of Article 33 of the Act of 29 July 1881 on the freedom of the press, namely the offences of denial of crimes against humanity, incitement to commit acts of terrorism and their glorification, crimes of enslavement or exploitation of a person reduced to slavery, crimes and offences of collaboration with the enemy, incitement to racial hatred, hatred of persons on the basis of their gender, sexual orientation, gender identity, ethnic origin, religion or disability, as well as child pornography, incitement to violence, including incitement to sexual and gender-based violence, and violations of human dignity.
It is recalled that the OPERATOR's liability may only be incurred in the event of proven serious fault.
The OPERATOR shall not be liable as an intermediary:
In the conclusion and execution of the sales contract concluded between the SELLER and the BUYER and in particular in the event of default of payment by the BUYER or in the event of violation by the SELLER of its contractual or legal obligations in particular relating to the common law of the sale including electronic commerce and its outcomes;
In the execution of the payment services carried out by the PAYMENT SERVICE PROVIDER.
Current Internet communication protocols do not allow for a certain and continuous transmission of electronic exchanges.
Consequently, the OPERATOR shall not be held liable in the event of force majeure, network and/or server malfunction, loss of CONTENT, breakdowns, interruptions, external intrusions, computer viruses preventing access to the PLATFORM or to any of its functions, or maintenance work necessary for the proper functioning of the PLATFORM or any other event beyond its control.
In the event of liability on the part of the OPERATOR, this liability is limited to the facts which are directly attributable to the OPERATOR and which cause the BUYER and/or the PROFESSIONAL VISITOR direct, real and certain damage, to the exclusion of any indirect damage.
In any event, the BUYER and/or the PROFESSIONAL VISITOR may only seek the liability of the OPERATOR after having previously notified the OPERATOR by registered letter with acknowledgement of receipt of the alleged breach within a period of thirty (30) days from the occurrence of the alleged breach.
As from the receipt by the OPERATOR of the registered letter with acknowledgement of receipt from the BUYER and/or the PROFESSIONAL VISITOR, the PARTIES undertake to attempt to find an amicable resolution to their dispute.
If, by mutual agreement, they consider that the OPERATOR’s liability was engaged, they shall attempt to agree on the compensation that shall be awarded to the BUYER and/or the PROFESSIONAL VISITOR up to the amount of the loss that they will have suffered, taking into account the limit of liability agreed and recalled above.
If no agreement is reached by the PARTIES within two (2) months of the receipt by the OPERATOR of the registered letter with acknowledgement of receipt from the BUYER and/or the PROFESSIONAL VISITOR, each PARTY shall recover their full freedom of action .
The OPERATOR calls upon external service providers or partners to perform all or part of the features, for which they are responsible.
ARTICLE 7. OBLIGATIONS OF THE BUYER AND THE PROFESSIONAL VISITOR
7.1. TERMS AND CONDITIONS OF ACCESS TO THE E-SHOP PLATFORM
Users of the E-SHOP PLATFORM acknowledge that they have the necessary skills and means to access the E-SHOP PLATFORM and where relevant, to use the features offered by the OPERATOR.
Users are solely responsible for their internet connection and/or the devices they use to access the PLATFORM.
Users acknowledge that they have checked that the computer configuration used does not contain any virus and that it is in perfect working order.
Users of the PLATFORM acknowledge that they have taken all necessary measures to protect their computer system against any contamination by potential viruses and against any attempt at intrusion by third parties.
Users of the PLATFORM are responsible for any loss or damage, material or immaterial, which results from their use of the PLATFORM.
The OPERATOR shall not be liable for any costs associated with the use of the PLATFORM by the USER (computer equipment, Internet connection, etc.).
7.2. INFORMATION GIVEN AND PROPER USE
The BUYER and the PROFESSIONAL VISITOR use the information available on the E-SHOP PLATFORM, including that relating to SELLERS. They must, if necessary, carry out the necessary verifications.
They undertake to use the PLATFORM in compliance with legislation in force, and not to infringe the rights of third parties or the image of the OPERATOR.
In this respect, and without this list being restrictive, users of the PLATFORM undertake not to:
impersonate any other person or entity;
offer or promote an undeclared, illicit or illegal activity;
make unsolicited offers, advertisements, proposals or send spam to other users of the PLATFORM;
defame, harass, abuse, threaten or defraud other users of the PLATFORM;
collect information about other users of the PLATFORM, such as contact addresses or other personal information, and use it for purposes other than those intended by the use of the PLATFORM;
collect, or attempt to collect, contact addresses or other personal information about other users of the PLATFORM without their consent;
Users of the PLATFORM also undertake not to share any CONTENT or hypertext link containing, without this list being exhaustive:
pornographic, paedophilic, violent, obscene or seriously offensive CONTENT;
CONTENT that infringes the property rights of third parties and/or the OPERATOR;
CONTENT that could be qualified as or constitute incitement to commit crimes or offences, discrimination, hatred or violence, particularly on the grounds of race, ethnicity or nation, glorification of Nazism, denial of the existence of crimes against humanity, undermining the authority of justice, defamation, insult, denigration, invasion of privacy, or the performance of acts endangering minors;
CONTENT intended to display prohibited objects or works, messages of a defamatory, rude, insulting, violent or law-breaking nature, messages inciting the consumption of prohibited substances or suicide;
CONTENT containing personal details and information enabling the precise geographical location of an individual and/or messages infringing the rights of others and the security of persons and property in violation of the privacy of correspondence;
messages enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any tool or software;
CONTENT with negative or discriminatory connotations (for example, a pseudonym: anti-"X"), of a political, religious, fascist, xenophobic, racist, sectarian or similar nature, insults or threats.
USERS undertake to respect the integrity of the PLATFORM. They shall not hinder or force the operation of the PLATFORM, nor shall they fraudulently modify, alter or delete the CONTENT accessible via the PLATFORM, nor shall they fraudulently introduce data onto the PLATFORM.
7.4. UNDERTAKINGS AND LIABILITY
The BUYER and the PROFESSIONAL VISITOR undertake to:
comply with these terms;
provide up-to-date, accurate, truthful, fair and not misleading information;
respect the BtoB nature of the PLATFORM: in the case of BUYERS, carry out purchases as part of their commercial, industrial, trade, independent or agricultural activity after being duly informed that the E-SHOP PLATFORM is a BtoB platform;
in the case of BUYER users, have sufficient funds to pay for the purchases they make on the E-SHOP PLATFORM and have the capacity and authority to do so;
be up to date, in the case of BUYER users, with all their obligations, in particular with regard to the exercise of a commercial activity (registration, accounting, social and tax obligations, etc.), the protection of personal data, the fight against corruption and undeclared employment, and compliance with the specific standards applicable to their activity;
hold the intellectual property rights or any required authorisation over all the CONTENT that they publish;
comply with all laws and regulations in force governing, in particular, communication on the Internet or rules that could prevent or limit the distribution of information or data.
make a regular backup of their CONTENT;
provide the contact details of a single correspondent, the sole contact for the OPERATOR, and regularly update the information in their PROFILE;
pay for corrective maintenance services after acceptance of the estimate drawn up by the OPERATOR when these services are required as a result of any malfunctioning which may be the consequence of:
the BUYER’s or PROFESSIONAL VISITOR’s failure to comply with the obligations set forth herein and, in particular, the improper use of their BACK OFFICE,
the use of the BACK OFFICE, its SALES AREA or the SERVICES by an unauthorised third party,
the BUYER’s or PROFESSIONAL VISITOR’s failure to train their staff in the use of the E-SHOP PLATFORM,
the lack of sufficient detail in any error report to the OPERATOR;
refrain from undermining, in accordance with articles 323-1 et seq. of the French Criminal Code, the automated data processing systems implemented for the operation of the PLATFORM and the BACK OFFICE;
respect the privacy of third parties and the confidentiality of exchanges with the OPERATOR or any other user of the PLATFORM;
be loyal to the OPERATOR and other users of the WEBSITE and the PLATFORM, in particular by refraining from:
any action that has the purpose or effect of diverting or attempting to divert a USER from the PLATFORM;
any action with the aim or effect of inciting all or part of the users of the WEBSITE not to register on the E-SHOP and/or EVENT PLATFORM;
any action with the aim or effect of inciting all or part of USERS not to trade on the E-SHOP PLATFORM;
any act of unfair competition and/or parasitic behaviour against the OPERATOR and any USER;
respect the intellectual and industrial property rights held by the OPERATOR and used by them in the context of the operation of the WEBSITE.
Any user of the WEBSITE or the PLATFORM who notices a breach of one of these commitments may inform the OPERATOR by e-mail at [email protected]
As a publisher within the meaning of French regulations and case law, the BUYER and PROFESSIONAL VISITOR are solely responsible for the CONTENT they publish on the PLATFORM, and for their compliance with the applicable regulations. In this respect, they shall be personally responsible for any dispute or legal action relating to the said CONTENT. Under no circumstances shall the OPERATOR be held liable in the event of infringement of third-party rights or in the event of errors or omissions.
The BUYER acknowledges that the commercial transactions carried out through the E-SHOP PLATFORM are under their sole responsibility.
As a sales intermediary, the OPERATOR's sole purpose is to facilitate exchanges and to put SELLERS and BUYERS in contact with one another. The OPERATOR does not check the CONTENT before they are posted online, intervening only a posteriori in the event of notification by any user of the WEBSITE and/or the PLATFORM.
BUYERS and PROFESSIONAL VISITORS shall compensate the OPERATOR for any damage, financial loss, condemnation or costs.
The BUYER and PROFESSIONAL VISITOR guarantee the OPERATOR against any liability action that may be brought against it due to faults committed by the BUYER or PROFESSIONAL VISITOR in the use of the PLATFORM, such as the violation of a third party's right, including that of another user of the PLATFORM, regardless of whether this prejudice results from the purchase of PRODUCTS or, more broadly, from any other fact attributable to the BUYER or PROFESSIONAL VISITOR.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. PROPERTY OF THE OPERATOR
The BUYER and PROFESSIONAL VISITOR acknowledge the intellectual property rights of the OPERATOR to the WEBSITE and the PLATFORM, its components and the content thereof and waive the right to dispute these rights in any form whatsoever.
The contents of the WEBSITE and the PLATFORM - with the exception of the CONTENT specific to each category of USERS- are the exclusive intellectual property of the OPERATOR and/or its partners, and may not be reproduced, used or represented without the express authorisation of the OPERATOR, and may be prosecutable.
Any total or partial representation of the WEBSITE and/or the PLATFORM and its contents, by any means whatsoever, without the prior express authorisation of the OPERATOR is prohibited and will result in legal proceedings.
Subject to the provisions hereof, the BUYER and PROFESSIONAL VISITOR shall refrain from directly or indirectly using the trademarks and more particularly the CXMP trademark, logos or distinctive signs of which the OPERATOR is the owner or holder of exploitation rights.
The BUYER’s and PROFESSIONAL VISITOR’s acceptance of these terms and conditions does not give them any right to the intellectual property rights or know-how held by the OPERATOR and used in the operation of the WEBSITE.
8.2. PROPERTY OF THE PLATFORM USER
The user of the PLATFORM holds all intellectual property rights to the CONTENT that they put online via their BACK OFFICE.
The user of the PLATFORM grants a free and non-exclusive licence to the OPERATOR to use, reproduce, represent, adapt and make available to the public its CONTENT, including in particular brands, logos, creations protected by copyright and all visible distinctive signs, with a view to the performance of this agreement and any associated contract. This licence shall be valid for the entire duration of its use of the PLATFORM and worldwide.
8.3. RIGHT TO USE THE PLATFORM
The OPERATOR grants each user of the PLATFORM a non-exclusive right of access and use of the PLATFORM and the associated software solution, to enable them to use the functionalities specific to their category.
This right of access and use is non-transferable and shall not be considered as a transfer of ownership of any kind to the user of the PLATFORM. The latter shall therefore refrain from transferring, exchanging, lending, renting or granting to a third party, even free of charge, any right of use granted hereunder.
By way of exception, the BUYER may grant their right of access and use of the E-SHOP PLATFORM by creating up to three sub-accounts for the benefit of collaborators and/or employees of their company via the "Create a sub-account" tab.
The BUYER defines the accesses and functionalities open to these collaborators and/or employees.
They will remain fully responsible for the sub-accounts created and the activity carried out from them.
Any use that does not comply with these terms and conditions may result in legal action.
ARTICLE 9. DURATION - TERMINATION
The CONTRACT is concluded and enters into force as soon as the BUYER’s or PROFESSIONAL VISITOR’s account is activated by the OPERATOR.
The CONTRACT is concluded for an indefinite period.
It may be suspended or terminated by either of the PARTIES under the conditions set out below.
9.2. GROUNDS FOR SUSPENSION AND TERMINATION
9.2.1. Automatic suspension
The OPERATOR reserves the right to suspend the BUYER’s or PROFESSIONAL VISITOR’s account in the event of non-compliance with the following obligations considered essential:
In the event of failure to update the information concerning them;
In the event of non-compliance with the regulations in force relating to the exercise of the BUYER’s activity, particularly in terms of accounting, social and tax obligations, protection of personal data, the fight against corruption and concealed employment or in terms of obligations specific to their activity;
In the event that a SELLER reports that the BUYER has not paid for one or several orders of PRODUCTS
In the event of non-compliance with the regulations governing communication on the Internet or rules that could prevent or limit the dissemination of information or data;
In the event of failure to communicate or update the information necessary in light of changes in regulations
In the event of non-compliance with the obligations of confidentiality and non-disclosure of its IDENTIFIERS.
In the event of an act with the aim or effect of diverting a user of the E-SHOP PLATFORM;
In the event of any action with the aim or effect of inciting all or part of the WEBSITE users not to register on the E-SHOP PLATFORMS and/or EVENTS;
In the event of any action having the aim or effect of causing all or some of the users of the E-SHOP PLATFORM not to trade on it.
In the event that their account is suspended, the BUYER and/or PROFESSIONAL VISITOR are no longer visible to the users of the WEBSITE and the PLATFORM.
They nevertheless retain access to their BACK OFFICE to make the necessary corrections and modifications.
The BUYER and/or PROFESSIONAL VISITOR shall be informed of the suspension by e-mail and/or registered letter with acknowledgement of receipt, indicating the alleged grievances and the obligations allegedly not met.
The BUYER and/or PROFESSIONAL VISITOR has thirty (30) days to remedy the grievances raised as of the receipt of the e-mail or registered letter notifying them of the suspension, and in the latter case, if not received in hand, as of its first attempted delivery.
If no reply is received within this period, the suspension shall result in the termination of this CONTRACT for cause.
22.214.171.124. – No-fault termination
Termination by the BUYER or the PROFESSIONAL VISITOR:
The BUYER or PROFESSIONAL VISITOR may terminate this CONTRACT at any time, subject to eight (8) days' notice or by sending their request to the OPERATOR by e-mail at [email protected] or by registered letter to its registered office.
The OPERATOR will acknowledge receipt of this request and will process it in the fifteen (15) days following its receipt.
Termination by the OPERATOR:
In accordance with articles 1210 and 1211 of the French Civil Code, the OPERATOR may terminate the CONTRACT at any time, subject to the observance of a notice period of eight (8) days.
In this event, the OPERATOR notifies the BUYER or PROFESSIONAL VISITOR of their intention by e-mail or by registered at the address indicated in their BACK OFFICE, or by registered letter sent to its registered office.
The notice period shall begin to run from the date of receipt of the said e-mail or letter, or in the latter case, if not received in hand, from its first attempted delivery.
No-fault termination does result in an entitlement to any compensation, regardless of who terminated it.
126.96.36.199. - Termination for cause
The CONTRACT is automatically terminated:
At the end of the suspension procedure applicable to the core obligations referred to in Article 188.8.131.52;
In the event of non-compliance by one of the PARTIES with their obligations considered essential, such as:
having the capacity and authority to enter into commitments (aged 18+, not disqualified from their profession, no insolvency proceedings ongoing, etc.);
being a PROFESSIONAL in one of the following sectors of activity: food, fashion, lingerie, optics, sport or lifestyle;
having faithfully communicated information that is essential for their co-contractor;
having submitted information on them that is up-to-date, accurate, sincere, and non-misleading, free of fraud or impersonation.
If one of the PARTIES has committed a serious breach such as:
publishing manifestly unlawful CONTENT;
offering or promoting an undeclared, illicit or illegal activity;
defaming, harassing, abusing, threatening or defrauding other users of the PLATFORM;
collecting information about other users of the PLATFORM such as contact addresses or any other personal information to use for purposes other than those provided for in the services offered by the PLATFORM;
collecting, or attempting to collect, contact addresses or other personal information about other users of the PLATFORM without their consent;
infringing the privacy of third parties and the confidentiality of exchanges with the OPERATOR or any other user of the PLATFORM;
undermining the automated processing systems implemented for the operation of the PLATFORM
engaging in disloyal behaviour against the OPERATOR or one or more users, such as referred to in Article 7.4 hereof
respecting the intellectual and industrial property rights held by the OPERATOR and implemented by them in the operation of the WEBSITE;
The termination of this CONTRACT shall be notified to the BUYER or PROFESSIONAL VISITOR by e-mail at the address indicated in its BACK OFFICE or by registered letter with acknowledgement of receipt sent to its registered office.
The termination shall be notified to the OPERATOR by e-mail at the address [email protected] or by registered letter with acknowledgement of receipt sent to its registered office. It shall take effect as of this notification.
9.3 CONSEQUENCES OF TERMINATION AND REVERSIBILITY
Any termination will result in the BUYER’s and/or PROFESSIONAL VISITOR’s access to their BACK OFFICE being terminated.
It shall also result in the removal of their access to the various services and functionalities of the E-SHOP PLATFORM
The BUYER or PROFESSIONAL VISITOR must express their wish to obtain the return of all their CONTENT within two (2) months following the end of the CONTRACT. Where applicable, the BUYER or PROFESSIONAL VISITOR may obtain all the CONTENT, files and documents belonging to them and contained in particular in the BACK OFFICE in a machine readable form within thirty (30) days of their request.
It is however specified that, should the BUYER or PROFESSIONAL VISITOR fail to request the return of the CONTENT, files and documents within two months of the end of the CONTRACT, the OPERATOR may proceed to destroy them.
The BUYER and the SELLER shall be personally responsible for all obligations relating to any orders outstanding at the effective date of termination.
With regard to the removal of access to their BACK OFFICE, the OPERATOR shall transmit to the BUYER by e-mail any essential information by a SELLER concerning orders validated before the termination takes effect and not yet fully executed.
The OPERATOR shall retain the possibility of communicating with the BUYER for an additional period of six (6) months from the notification of the termination by one of the PARTIES.
ARTICLE 10. DELETION OF ACCOUNT
Other than in the case of the BUYER's request for deregistration referred to in Article 184.108.40.206, the termination of the CONTRACT does not lead to the automatic deletion of the account.
The BUYER or PROFESSIONAL VISITOR must request deletion of the account from the OPERATOR by e-mail to [email protected]
The OPERATOR shall acknowledge receipt of the account deletion request and process it within fifteen (15) days of its receipt.
The BUYER or PROFESSIONAL VISITOR will be informed by e-mail of the deletion of their account.
They shall not be entitled to any compensation.
ARTICLE 11. PERSONAL DATA
Personal data is any information relating to an identified or identifiable natural person. An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity, as this term is defined by the regulations in force.
Each of the PARTIES guarantees the other PARTY that it will comply with the legal and regulatory obligations incumbent on it in relation to its role in the protection of personal data, in accordance with Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and French Act of Parliament 78-17 of 6 January 1978 "Information technology and civil liberties” as amended by Act No. 2008-493 of 20 June 2018.
With regard to the processing of personal data carried out on the PLATFORM, the OPERATOR refers the PLATFORM user to the personal data protection policy, which they are invited to consult on the website wwww.cxmp.com. before accepting it.
11.1. WITH REGARD TO THE PROCESSING PERFORMED BY THE OPERATOR
Pursuant to French Act 78-17 of 6 January 1978 on "Information Technology and Civil Liberties" as amended by Act No. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the PLATFORM user by the OPERATOR is necessary to guarantee access to the PLATFORM's functions and services and its proper use.
The OPERATOR pays particular attention to the protection of personal data. This is an essential condition of the relationship of trust that the OPERATOR and the COMEXPOSIUM Group to which it belongs wish to establish with all those who entrust it with their personal data.
More specifically, the OPERATOR collects and processes the personal data of the USER, in particular when creating an account and, depending on the category, when subscribing to the services offered. This data is processed solely to benefit from the features and services of the PLATFORM, including:
To integrate the PLATFORM user into the WEBSITE and the PLATFORM;
To administer the PLATFORM;
To establish visit and use statistics of the PLATFORM (anonymous and aggregated);
All the data of the PLATFORM's user is processed in accordance with this purpose.
The personal data of the PLATFORM user is kept for the duration of their use of the PLATFORM and for three (3) years at the end of the contractual relationship.
They are intended for the OPERATOR as well as for all service providers associated with the operation of the PLATFORM, including the PAYMENT SERVICE PROVIDER or any other subcontractor.
All service providers associated with the operation of the PLATFORM guarantee that they will process this data in compliance with the rights and obligations of French Act n°78-17 of 6 January 1978, amended by Act n°2018-493 of 20 June 2018, and guarantee the same for their possible subcontractors.
In accordance with the applicable regulations, the user of the PLATFORM has a right of access, a right of rectification, a right of objection to the processing of their data, a right to erasure and limitation of processing, and a right to the portability of data collected by the OPERATOR.
The user can rectify, complete, update or delete their data by logging into their account and configuring the settings or by contacting the OPERATOR at:
COMEXPOSIUM - 70 Avenue du Général de Gaulle, 92800 Puteaux, by providing proof of identity and a legitimate reason as provided by law.
Finally, the PLATFORM user has the right to lodge a complaint with the French supervisory authority, Commission Nationale de l'Informatique et des Libertés (CNIL), by post at the following address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 or by e-mail at the following link: https://www.cnil.fr/fr/plaintes.
In the event of termination of the contractual relationship for any reason, the PLATFORM user must express their wish to obtain the return of all CONTENT within two (2) months of the end of their CONTRACT.
If necessary, the user of the PLATFORM may obtain all of their CONTENT in a machine readable form within thirty (30) days of their request.
If the PLATFORM user fails to make such a request for return, the OPERATOR may proceed to destroy the CONTENT, files and documents.
11.2. WITH REGARD TO PROCESSING PERFORMED BY THE SELLER
The SELLER may collect and process the personal data of BUYERS and PROFESSIONAL VISITORS of the E-SHOP PLATFORM, such as the name of the company, last names, first names and delivery addresses, in particular via its SALES AREA.
In this respect, it guarantees that it processes this data in compliance with the rights and obligations arising from the French Data Protection Act (“Informatique et Libertés”) and the GDPR.
The OPERATOR shall not be held liable for the use and processing of the data by the SELLER.
11.3. WITH REGARD TO JOINTLY PERFORMED PROCESSING
With regard to the processing of the BUYER's data, the OPERATOR and the SELLER are jointly responsible for the processing carried out through the PLATFORM, in accordance with Article 26 of the GDPR and the amended "Informatique et Libertés" law.
The joint liability does not include processing carried out outside the E-SHOP PLATFORM, for which the SELLER is solely responsible.
The purpose of this processing is to process orders, the sale and the subsequent delivery of the ordered PRODUCTS.
The means of processing are jointly defined and implemented by the OPERATOR and the SELLER.
The OPERATOR, who supervised the development of the SELLER's BACK OFFICE, defined the data flows passing through the PLATFORM, the authorisations and the human and material resources put in place for the data processing carried out via the E-SHOP PLATFORM.
However, the SELLER alone determines the means of data processing implemented outside the E-SHOP PLATFORM, in particular for the management of PRODUCT stocks, the delivery of PRODUCTS and the performance of after-sales service.
The OPERATOR is responsible for informing BUYERS and other users of the WEBSITE and the PLATFORM of their rights in accordance with the applicable regulations.
On this occasion, the OPERATOR shall communicate to the persons concerned by the processing, in particular through its personal data protection policy, the outline of this joint liability clause:
- the data controllers;
- the contact point for data subjects of the processing operation.
Setting the duration of storage of data hosted on the PLATFORM is a matter for the OPERATOR. No data may be kept and/or used by the PLATFORM after the agreed dates and durations.
Establishing the conditions to satisfy the data subjects’ rights of access, objection, rectification, limitation or deletion and the right to portability shall be drawn up and implemented by the OPERATOR.
The OPERATOR shall ensure that the data is updated, corrected or deleted in the E-SHOP PLATFORM, and the SELLER shall be notified of any changes.
The data protection officers or people responsible for data protection appointed by the OPERATOR and the SELLER shall cooperate in the processing of the data.
The OPERATOR and the SELLER, in their capacity as joint data processors, acknowledge that they have sufficient guarantees, particularly in terms of knowledge, reliability and resources, for the implementation of technical and organisational measures that meet the legal and regulatory obligations regarding the protection of personal data.
In particular, they undertake to:
Process the data only for the purposes defined above.
Ensure that persons authorised to process personal data under these T&CU are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data;
Ensure that any subcontractor they use provides sufficient guarantees that technical and organisational measures are implemented in accordance with the requirements of the GDPR;
Notify the other joint controller immediately of any modification or change that may affect the processing of personal data;
Respect the personal data storage period with regard to the purposes for which it was collected or transmitted and to delete personal data at the end of its storage period;
Cooperate with the other joint controller to consider the circumstances in which encryption of personal data might be appropriate;
Assist the other joint controller in carrying out personal data protection impact assessments where appropriate;
In the event that one of the joint data controllers transfers personal data outside the territory of the European Union, and that this transfer takes place to a country recognised as "not offering an adequate level of protection of Personal Data" by the European Commission, the data controller will be obliged - prior to any transfer - to formalise an agreement for the transfer of personal data outside the European Union signed with the processor, and to ensure that the terms and obligations of this agreement are scrupulously respected by its processor, on the basis of the European Commission's standard contractual clauses, or where applicable, those adopted by a supervisory authority in accordance with the consistency control mechanism, and then by the European Commission.
If the other joint controller considers that a measure constitutes a breach of the Regulation or of any other provision of Union or Member State law relating to the protection of personal data, it shall immediately inform the applicant joint controller.
In the event of a breach of the BUYER's personal data, the OPERATOR and the SELLER undertake to inform one another immediately and cooperate closely in order to decide on the action to be taken, whether or not this breach requires the notification of the French supervisory authority (CNIL).
The OPERATOR and the SELLER consider that the notification to the CNIL shall be made within seventy-two (72) hours of the knowledge of the breach. In the event of joint breaches, the application shall be made by the OPERATOR and the SELLER in coordination.
Where the personal data processing breach suffered by the OPERATOR or the SELLER is likely to result in a high risk to the rights and freedoms of a natural person, the party suffering the data breach shall communicate the personal data breach to the BUYER as soon as possible in accordance with Article 34 of the GDPR.
Notification to the BUYER concerned is not necessary if the breach in question is not likely to give rise to a risk for the rights and freedoms of the natural person concerned, in particular if the CNIL has noted that appropriate protection measures have been implemented by the OPERATOR and/or the SELLER in order to render the data incomprehensible to any person not authorised to have access to it and to have been applied to the data concerned by the said breach.
The OPERATOR and the SELLER shall be liable to the persons concerned by the processing, in accordance with the provisions of the GDPR. However, on a recourse basis, the OPERATOR or the SELLER may seek the liability of the other in proportion to its share of responsibility in the occurrence of the damage and/or the administrative fine, if applicable.
The OPERATOR shall in no way be responsible for the SELLER's compliance with the regulations specific to data processing carried out by the SELLER outside the E-SHOP PLATFORM, in particular in connection with the sale, logistics and delivery of PRODUCTS.
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ARTICLE 12. CONFIDENTIALITY
Each PARTY agrees to use the CONFIDENTIAL INFORMATION, as defined in Article 3 hereof, directly or indirectly, in whole or in part, only for the strict performance of this AGREEMENT.
Any substantiated disclosure may incur the liability of the disclosing party, regardless of the cause of the disclosure.
The non-disclosure obligations set out in this clause shall not apply to all or any part of the CONFIDENTIAL INFORMATION to the extent that:
It was legally held by the receiving party prior to disclosure;
It was lawfully disclosed to the receiving party by a third party without restriction of disclosure;
It is covered by a legal obligation of disclosure by a jurisdiction, authority or administration.
This confidentiality clause shall remain valid beyond the expiry of the CONTRACT until such time as the CONFIDENTIAL INFORMATION passes into the public domain other than through a breach by the receiving party and in any event for five (5) years after the expiry of the CONTRACT.
ARTICLE 13. NULLITY
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a definitive judicial decision, they shall be deemed unwritten but shall not entail the nullity of the other clauses herein which shall retain all their force and scope.
ARTICLE 14. NON-WAIVER
The failure of either PARTY to establish a breach by the other PARTY of any of its obligations hereunder shall not be construed as a waiver of such obligation for the future.
ARTICLE 15. HEADINGS
In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
ARTICLE 16. APPLICABLE LAW - COMPETENT JURISDICTION
This document is subject to French law. It is written in French. In the event that it is translated into one or more languages, only the French version shall be legally binding in the event of a dispute.
Any dispute relating to the conclusion, performance, termination, invalidity or interpretation of this Agreement shall be resolved amicably between the PARTIES by written exchange and/or physical or electronic meeting within thirty (30) days of written notification by the earliest petitioner to the other.
If an amicable agreement cannot be reached within this time, the dispute will be submitted, notwithstanding multiple defendants and/or third party claims, to the exclusive jurisdiction of the commercial or judicial courts of Paris.