Marketplace dedicated to leisure professionals
Version published on June 1 , 2021
The marketplace (hereinafter the “ Marketplace “) is a website registered under the web address www.storkeo.com , owned and operated by STORK & STOCK, a simplified joint-stock company with a capital of 1,000 euros, registered with the RCS of LYON under number 851 075 945 and whose registered office is located at 34 rue Ferrandière, 69002 LYON (France) (hereinafter “ STORK & STOCK “).
The Marketplace is intended to allow the connection of professional buyers acting in the context of their main activity (hereinafter the “ Buyer(s) “) on the one hand, with professional sellers (hereinafter the “ Seller(s) “) on the other hand, so that they can offer and sell their products (hereinafter the “ Product(s) “) directly to Buyers.
STORK & STOCK is not the seller of the Products purchased through its Marketplace.
It acts exclusively as a service provider, responsible for connecting and facilitating the conclusion of direct sales between Buyers and Sellers.
The Marketplace operated by STORK & STOCK is exclusively reserved for professionals, within the meaning of the introductory article of the Consumer Code, i.e. to any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of another professional.
When they make purchases of Products through the Marketplace, Buyers are also deemed to act within the scope of their main field of activity, within the meaning of Article L.221-3 of the Consumer Code.
Otherwise, it is up to them to contact the Seller of the Products directly, without resorting to the services of the Marketplace.
These General Terms and Conditions of Buyer Use (hereinafter “ CGUA “) define the conditions under which STORK & STOCK provides Buyers with the technological tools enabling them to acquire, through the Marketplace, the Products offered by the Sellers.
They only regulate the relationship between STORK & STOCK and the Buyer and form the contract for the use of the Marketplace (hereinafter the “ Contract “) concluded between the latter (hereinafter the “ Party(ies) ” within the meaning of this Agreement).
These GTCU do not apply to the relations established between the Buyer and the Seller within the framework of the sales contract concluded between the latter, through the Marketplace, which contract is the subject of general conditions of sale (hereinafter the “ GTC “).
They also do not apply to the services offered to Sellers by STORK & STOCK, through the Marketplace, which are the subject of the General Terms and Conditions of Seller Use (hereinafter the “ GCUS “).
2.1. Application to any use of the Marketplace Services by the Buyer
These GTCU apply without restriction or reservation to any use, whatever its form, of the services and technological tools of the Marketplace by the Buyers (hereinafter the “ Services “).
These Services allow Buyers to register on the Marketplace website, to be put in touch with Sellers, to order Products, to pay the price, to confirm receipt and to communicate with Sellers if necessary.
It is recalled that these Services have the exclusive purpose of facilitating the conclusion of direct sales between Buyers and Sellers, but can in no way be considered as participating in the sales themselves, which remain in any case concluded between the Buyers and Sellers only.
2.2. Communication and acceptance of the CGUA by the Buyer
These GCAs must necessarily be accepted by the Buyer in order to be able to use the Marketplace Services, first by means of a validation when registering on the Marketplace website, and then prior to each order placed with a Seller through said Marketplace.
The validation of his registration, then of his order by the Buyer, therefore implies full acceptance of these GTCU, which prevail over any other document emanating from the Buyer, including, in particular, his own general conditions of purchase, even if they have been previously communicated to the company STORK & STOCK or the Seller.
In accordance with the regulations in force, these GTCU are systematically communicated to any Buyer who requests it, in order to allow him to use the Marketplace.
2.3. Provision of THE CGUA on the Marketplace website
These GTCU are also accessible at any time on the Marketplace website.
2.4. Subsequent modifications to these T & Cs
As these GTCU may be subject to subsequent modifications, it is recalled that the version applicable to the Contract is the one in force and available on the Marketplace website, on the date of its registration or the placing of its order by the Buyer.
Any possible modification of these CGUA would therefore be enforceable against STORK & STOCK only from the moment they are posted on the Marketplace website.
If necessary, such a modification shall in no way apply to the Contract previously concluded between the Buyer and STORK & STOCK.
In order to avoid any possible difficulty, these GTCU mention on the header of the first page their date of posting on the Marketplace site, which will be authentic, unless proven otherwise, their applicability to the Contract concluded between the Buyer and STORK & STOCK.
3.1. Acceptance of the CGUA and creation of the “customer account”
To use the Marketplace Services, the Buyer must accept these GTCU and register on the Marketplace website, by creating his “customer account”.
To this end, he must in particular provide the following information: surname, first name, identification elements of the company for which he intervenes (RCS number, intra-community VAT number, registered office, capital and company form), quality (etc.).
3.2. Identifiers and connection codes
When creating the “customer account”, strictly confidential usernames and passwords are then assigned to the Buyer, who undertakes to maintain the confidentiality of these codes and refrains from disclosing them to any person whatsoever.
It is recalled in this regard that the Buyer is solely responsible for the use of these codes and the access that could be made to the Marketplace, through his “customer account”, unless he reports proof of fraudulent use that could not be imputed to him.
Any fraudulent use of these codes of which the Buyer is aware must immediately be notified to STORK & STOCK, by any means of communication allowing the communication and dating of the data.
If necessary, STORK & STOCK will make every effort, with the assistance and cooperation of the Buyer, to be able to put an end to this fraudulent use as soon as possible.
To this end, STORK & STOCK may, in particular, if made necessary, reset the Buyer’s codes or delete his “customer account”.
3.3. Free Services for the Buyer
The use of the Marketplace is free for Buyers (excluding possible connection costs charged by the operator) and without obligation to purchase.
Only the purchase of Products by the Buyer from Sellers is subject to a fee, under the terms and conditions provided for in the GTC.
3.4. Special provisions applicable to the use of an Electronic Payment Platform
In order to allow the Seller to collect the selling price of its Products from the Buyer, STORK & STOCK provides it, via the Marketplace, with independent and autonomous access to an online electronic payment platform, directly interfaced with the Marketplace website, but managed and developed by a third-party provider (hereinafter the ” Electronic Payment Platform “).
In order to be able to fulfill his orders for Products, the Buyer must in particular conclude an independent contract with the said service provider, possibly create his own customer account on the website of the Electronic Payment Platform, accept all useful general conditions in order to be able to use said Platform and fill in the information necessary for the payment of any order for Products.
It is recalled that this Electronic Payment Platform service is offered independently of this Contract and that it only binds the Buyer and the third-party service provider, STORK & STOCK remaining completely foreign to them.
STORK & STOCK can therefore not engage its responsibility, in any way and for any reason whatsoever, with regard to the use that could be made of this Electronic Payment Platform by the Buyer, the latter gives him good and valid release.
4. OBLIGATIONS OF THE BUYER IN CONNECTION WITH THE PURCHASE OF THE PRODUCTS
4.1. Application of the GTC to each order of Products
Access to the Marketplace is exclusively reserved for professional Buyers, which the Buyer expressly declares and acknowledges by accepting these GTCU and using the Marketplace Services.
The Buyer undertakes to apply in good faith and to respect in all respects the GTC governing each order of Products placed with a Seller through the Marketplace.
These GTC are brought to the attention and validated by the Buyer, at the time of his registration on the Marketplace website, then during each validation of an order for Products.
4.2. Performance in good faith of sales contracts concluded with Sellers
The Buyer undertakes to implement, in good faith, all the means necessary to fulfill the obligations he subscribes to in the context of the sales contracts concluded with the Sellers.
He also undertakes to honor all orders placed with Sellers through the Marketplace, except in cases of force majeure or legitimate cause of non-performance.
5.1. Liability of STORK & STOCK
5.1.1. General obligation of means
Within the framework of this Contract, STORK & STOCK is bound by a general obligation of means.
It cannot therefore guarantee the Buyer the accessibility, availability, permanence or uninterrupted operation of the Marketplace it operates.
More specifically, STORK & STOCK cannot be held liable, in any way and for any reason whatsoever, in the event of suspension or temporary interruption of the Marketplace Services.
5.1.2. Limitation of liability of STORK & STOCK
It is expressly agreed that STORK & STOCK may only be held liable in the event of gross negligence or tort or proven negligence committed in the context of the execution of this Contract and provided that these breaches are directly attributable to it.
If necessary, stork & stock’s liability will be limited to compensation for direct material damage, to the exclusion of any other damage, of any nature whatsoever, including, but without this list being exhaustive, any indirect or unforeseeable damage, whether material or immaterial, which includes in particular loss of profit, business interruption, loss of revenue or profit, loss of goodwill, loss of opportunity, cost of obtaining a substitute product, service or technology, or any other financial loss arising out of or as a result of this Agreement.
Under no circumstances shall STORK & STOCK be held liable for any fault, negligence or any breach by the Buyer of its obligations, in particular if it uses the Marketplace Services in a manner that does not comply with the applicable regulations or in violation of these GTCU.
Nor can it be engaged in the event of the occurrence of damage caused by a case of force majeure within the meaning of Article 1218 of the Civil Code and the settled case law of the French courts.
In any case, if stork & stock were to be held liable, the amount of damages that could be charged to it may not exceed, all damages combined, a maximum lump sum of € 2,000 (TWO THOUSAND EUROS).
5.1.3. Exclusion of liability for content published on the Marketplace website
In accordance with the regulations in force, STORK & STOCK cannot be held liable or held liable for the content made available on the Marketplace website, in particular with regard to the description of the Products established by the Sellers, unless STORK & STOCK does not promptly make them inaccessible after being informed of their illegality, under the conditions laid down by law.
5.1.4. Liability of the Seller of the Products
It is recalled that STORK & STOCK, which is not the seller of the Products ordered by the Buyer via the Marketplace, cannot be held liable in this respect, in any way and for any reason whatsoever.
In particular, it is recalled that the Products ordered by the Buyer may under no circumstances be taken back, exchanged or refunded by STORK & STOCK, which may not be held, more generally, by the obligations subscribed to or automatically applicable to the Seller of said products.
Any dispute encountered by the Buyer in the context of the formation, execution or interpretation of the sales contract between it and the Seller must therefore be settled directly between the Buyer and the Seller, it being recalled that STORK & STOCK will provide, if necessary and as necessary, its assistance for this purpose, whenever required.
5.2. Responsibility of the Buyer
5.2.1. Buyer’s liability for Products purchased through the Marketplace
The Products purchased by the Buyer from the Sellers, through the Marketplace operated by STORK & STOCK, are under the sole responsibility of the Buyer.
It is therefore his responsibility to ensure compliance with any regulation or obligation applicable directly or indirectly to the purchase of said Products, without stork & stock being held liable in this respect, both vis-à-vis the Buyer and third parties.
5.2.2. Responsibility of the Buyer with regard to the use of the Marketplace
The Buyer is solely responsible for the use he makes of the Marketplace Services.
As such, the Buyer undertakes to use the said Services in accordance with any applicable regulations, as well as these GTCU, without STORK & STOCK being able to be worried in this respect, for any reason and in any way whatsoever.
By accepting these GTCU, the Buyer therefore undertakes to collect, guarantee, indemnify and compensate STORK & STOCK for any damage, loss, prejudice or loss of profit, which it may suffer if its liability is incurred by a Seller or by a third party, due to irregular or non-compliant use of the Marketplace Services by the Buyer.
5.3. Force majeure
The liability of the Parties may not be sought if the performance of one of their obligations is prevented or delayed due to a case of force majeure within the meaning of Article 1218 of the Civil Code and the constant jurisprudence of the French courts, and in particular, but without this list being exhaustive, natural disasters, epidemics or pandemics (recognized as such by the World Health Organization), fires, malfunctions or interruptions in the telecommunications network or the electricity grid.
The Party noting the event must without delay inform the other Party of its impossibility to perform its service and justify it to the latter.
The suspension of obligations can in no way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
As soon as the cause for suspension of their reciprocal obligations has disappeared, the Parties shall make every effort to resume as soon as possible the normal performance of their contractual obligations.
6. SUSPENSION OR TERMINATION OF THE SERVICES
In the event of non-compliance with these GTCU or, more generally, non-compliant use of the Marketplace Services by the Buyer, STORK & STOCK reserves the right to temporarily or permanently interrupt its access to the said Marketplace, by suspending or terminating this Agreement without notice or compensation.
7. INTELLECTUAL PROPERTY
STORK & STOCK retains all industrial and intellectual property rights relating to its Marketplace, website, achievements, photos and documentation, which may not be communicated or exploited by the Buyer without the prior written authorization of STORK & STOCK.
The content of the Marketplace website is the property of STORK & STOCK and its partners and is protected as such by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
8. PERSONAL DATA
The Buyer and STORK & STOCK will execute the Contract in accordance with the rules and provisions in force regarding personal data and in particular the General Data Protection Regulation (Regulation No. 2016/679 known as “GDPR”), as well as Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms.
In application of the said law n ° 78-17 of January 6, 1978, as amended by the law n ° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Buyer by STORK & STOCK, via the Marketplace, are necessary for the placing and processing of his order.
This data is communicated to the Sellers in order to allow them to proceed with the execution of the sales contract and the shipment of the Buyers’ orders.
Under no circumstances may they be used for any other purpose.
Each Seller only has access to the personal data provided by the Buyers of its Products to the Marketplace when placing the order.
The Sellers and STORK & STOCK undertake to ensure the security of the personal data they keep for the purposes of placing and monitoring orders.
The processing of the information communicated through the Marketplace website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Buyer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the Marketplace website.
9. MISCELLANEOUS CLAUSES
9.1. No Waiver
The fact that either Party does not claim the application of any article of the GCAs, whether temporarily or permanently, shall not be interpreted as a waiver by that Party of the benefit of that article.
9.2. Partial validity
If any of the stipulations of these CGUA prove null and void with regard to the regulations in force or a judicial decision that has become final, it will be deemed unwritten without entailing its nullity, nor altering the validity of its other stipulations.
The stipulations of these GTCU express the entire Agreement of Use concluded between the Buyer and STORK & STOCK.
They prevail over any prior proposal or agreement as well as any communication between the Parties relating to the subject matter of the Said Contract.
As an exception to the foregoing, the Buyer and STORK & STOCK reserve the right to derogate from certain clauses of these GTCU, depending on the negotiations conducted between them, by the establishment of a separate contract or special conditions which, if necessary, will then prevail over these GTCU.
9.4. Declarations of the Buyer
By accepting these CGUA, the Buyer declares, undertakes and acknowledges, as necessary, that:
iii) He acts in compliance with any regulations applicable to his activity,
10. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
10.1. Applicable law
These GTCU, embodying the User Agreement concluded between the Buyer and STORK & STOCK, as well as the operations arising or resulting from it, are governed by and subject to FRENCH LAW.
These GTCU are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
10.3. Dispute Resolution
10.3.1. Attempt at an amicable settlement
Each of the Parties agrees, prior to any other approach, to attempt to resolve amicably any dispute that may arise on the occasion of the Contract concluded between them, and this, for a minimum period of 15 (fifteen) calendar days following the sending of any claim.
If, at the end of this minimum period of 15 (fifteen) days, the Parties are unable to agree on an amicable solution, their dispute may then be submitted to the competent court, in the manner provided for in Article 10.3.2 below.
This mutual agreement settlement procedure constitutes a necessary and mandatory prerequisite for the introduction of legal action between the Parties.
10.3.2. Competent courts
In the absence of an amicable settlement under the conditions provided for in article 10.3.1 above, the Parties assign exclusive jurisdiction to the COMMERCIAL COURT territorially competent under the Law to hear any dispute relating to the validity, interpretation or execution of the Contract concluded between them.