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.
To this end, STORK & STOCK provides them with the contractual support enabling them to conclude these sales, which include these general terms and conditions of sale (hereinafter the “ GTC “).
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.
The purpose of these GTC is to define the obligations applicable to the Buyer, when he makes purchases of Products remotely from a Seller, through the Marketplace.
They only regulate the relationship between the Seller and the Buyer and form the sales contract (hereinafter the “ Sales Contract “) concluded between the latter (hereinafter the “ Party(ies) ” to the Sales Contract).
These GTC do not apply to the relationship established between STORK & STOCK and the Seller under the services offered to it through the Marketplace, which are the subject of the General Terms and Conditions of Use seller (hereinafter the “ GCUS “).
Nor do they apply to the relationship established between STORK & STOCK and the Buyer in respect of the use of the Marketplace by the latter, which are the subject of the General Terms and Conditions of Buyer Use (hereinafter the “ CGUA “).
Only the Seller, whose identity is indicated on the description sheet of each Product (in accordance with Article 3.1 below), is the Buyer’s counterparty for the purchase of said Products.
2.1. Application to all orders placed via the Marketplace
These GTC apply without restriction or reservation to all sales of Products concluded between the Seller and the Buyer, through the Marketplace.
2.2. Communication and acceptance of the GTC by the Buyer
These GTC are systematically communicated to the Buyer, in dematerialized form, first when registering on the Marketplace website, then before the validation of each order for Products, in the manner provided for in Article 5.1 below.
The validation of his order by the Buyer therefore implies full acceptance of these GTC, 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 STORK & STOCK or the Seller.
In accordance with the regulations in force, these GTC are systematically communicated to any Buyer who requests them, in order to allow him to place an order with the Seller, through the Marketplace.
2.3. Communication and acceptance of the GTC by the Seller
These GTC are systematically communicated to the Seller, in dematerialized form, first when registering on the Marketplace website, then before each order confirmation of Products, in the manner provided for in Article 5.3 below.
The confirmation of the order by the Seller therefore implies full acceptance of these GTC, which prevail over any other document emanating from the Seller, including, in particular, its own general conditions of sale, even if they have been previously communicated to STORK & STOCK or to the Buyer.
2.4. Provision of the GTC on the Marketplace website
These GTC are also accessible at any time on the Marketplace website.
2.5. Subsequent modifications to these GTC
As these GTC may be subject to subsequent modifications, it is recalled that the version applicable to the Sales Contract is the one in force and available on the Marketplace website, on the date of placing his order by the Buyer.
Any possible modification of these GTC would therefore be enforceable against STORK & STOCK and/or the Seller only from the moment they are posted on the Marketplace website.
If necessary, such a modification shall in no way apply to the Sales Contract previously concluded between the Buyer and the Seller.
In order to avoid any possible difficulty, these GTC 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 Sales Contract concluded between the Buyer and the Seller.
3. CHARACTERISTICS OF THE PRODUCTS OFFERED FOR SALE
3.1. Description Sheet established by the Seller
The Products offered for sale through the Marketplace are the subject of a descriptive sheet (hereinafter the “ Descriptive Sheet “) established by the Seller, under his sole responsibility, in order to allow the Buyer to know:
iii) Their price excluding taxes (HT) and all taxes included (TTC),
vii) The guarantees relating to said Products, as well as their duration and methods of implementation,
viii) Information relating to the identity and nationality of the Seller, its postal, telephone and electronic contact details, as well as its activities and intra-community VAT number.
The Buyer is imperatively required to read this Descriptive Sheet before placing an order, the choice and purchase of the Products being his sole responsibility.
For this purpose, it is recalled that the Buyer freely chooses the Product he wishes to buy, according to his own needs and the technical characteristics presented by the Seller in the Description Sheet, without the intervention of STORK & STOCK.
3.2. Scope of photographs and other illustrations
The photographs and other illustrations of the Products presented on the Marketplace have been established and/or chosen by the Seller, under his sole responsibility.
These elements are in no way contractual and can therefore not engage the responsibility of STORK & STOCK, in any way and for any reason whatsoever.
The Buyer is required to refer to the Description Sheet of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a Product, the minimum duration of the Sales Contract proposed by the Seller.
3.3. Information presented on the Marketplace
All the information provided by the Seller on the Marketplace is presented in French.
They are under the sole responsibility of the Seller and are the subject of a confirmation at the latest at the time of the validation of the order by the Buyer, in the manner provided for in Article 5.1. below.
3.4. Purchase of Products destined for a country other than France
The Products posted on the Marketplace website are offered and intended for sale on French territory.
In the event of an order for Product(s) destined for a country other than metropolitan France, the Buyer will be considered as the importer of the Product(s) concerned and required to ensure the perfect conformity of said Products, their import and/or their subsequent marketing or use in accordance with the regulations applicable in the country concerned, without, neither the Seller nor STORK & STOCK can be held liable in any way whatsoever in this respect.
For all Products shipped outside the European Union and in the DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties, other local taxes, import duties or state taxes may then be payable.
They will be the sole responsibility and will be the sole responsibility of the Buyer, to whom it will be, if necessary, to ensure their amount and / or their exigibility.
4. PERIOD OF VALIDITY OF THE PRODUCT OFFER
The Products offered by the Sellers on the Marketplace are understood within the limits of available stocks and / or duration possibly mentioned by the Seller, all as specified, if necessary, in the Descriptive Sheet established by the Seller or when placing the order by the Buyer.
Any order (hereinafter the “ Order “) of Product(s) placed by the Buyer with Seller(s), via the Marketplace, is made under the conditions set out below.
5.1. Placement of the Order by the Purchaser
To place an Order, the Buyer selects on the Marketplace website the Product or Products he wishes to order, according to the following methods:
iii) Choice of payment method : once his basket has been validated, the Buyer informs and completes the payment method he intends to use to pay his Order, by means of a form and according to the conditions provided for this purpose,
This validation of the Order by the Buyer is worth a firm and definitive offer to conclude the Sales Contract and expresses the Buyer’s desire to be bound in case of acceptance by the Seller, in accordance with Article 1114 of the Civil Code.
It is recalled that the Buyer always has the possibility to check the details of his Order, its total price and to correct, if necessary, any errors before validating the latter.
In any case, it is the Buyer’s responsibility to verify the accuracy of his Order and to report or rectify any error immediately, before validating it.
5.2. Registration of the Order by the Marketplace
When the Buyer validates his Order (after having accepted these GTC by ticking the box provided for this purpose), it is immediately registered on the Marketplace website.
As soon as it is registered on the Marketplace website, an email taking into account its Order is immediately sent to the Buyer by the Marketplace.
This email of consideration is not worth validation of Order, which intervenes under the conditions provided for in article 5.3 below.
5.3. Confirmation of the Order by the Seller
5.3.1. Confirmation deadline
As soon as the order is registered on the Marketplace, it is immediately transmitted to the Seller, at the expense of the latter to confirm it, in whole or in part (hereinafter the “ Confirmation “).
This Confirmation must take place within a reasonable time after the registration of the Order on the Marketplace.
If necessary, it then constitutes acceptance within the meaning of Article 1118 of the Civil Code.
This Confirmation is the subject of an email sent by the Marketplace, on behalf of the Seller, to the Buyer.
5.3.2. Pure and simple confirmation
In case of pure and simple Confirmation of the Order by the Seller, the Sales Contract is perfect and the price debited from the Buyer’s bank account, according to the method of payment chosen.
5.3.3. Partial confirmation
In the event of partial Confirmation of the Order by the Seller, relating to only part of the Products ordered, the Sales Contract is perfect and the price debited from the Buyer’s bank account, up to these Products alone.
In the event of non-Confirmation of the Order by the Seller, the Sales Contract to be concluded with the Buyer is not formed and both are definitively released from their obligations in this respect, without the Buyer’s bank account being debited any sum.
The data recorded in the computer system of the Marketplace materialize and constitute, as necessary, the material proof of all the transactions concluded between the Seller and the Buyer, which is expressly accepted by the Parties.
5.4. Order tracking
Once the Order Confirmation has been made, the Buyer can follow the progress of his Order on the Marketplace website, through his “customer account”.
5.5. Modification of the Order
The Buyer’s Order can no longer be modified once the Order Confirmation has been made, the Sales Contract being definitively formed between the Buyer and the Seller.
As an exception to the foregoing, the Seller may, however, decide, freely and at its sole discretion, to accept a request for modification of the Order that would be presented to it by the Buyer.
5.6. Cancellation of the order
Except in cases of force majeure, the Buyer’s Order can no longer be cancelled once the Order Confirmation has been made, the Sales Contract being definitively formed between the Buyer and the Seller.
6.1. Product Prices
The Products are sold for prices (hereinafter the “ Price (s)”) freely set by the Seller, as appearing in the Description Sheet of each Product.
These Prices are indicated in euros, excluding taxes (HT) and All Taxes Included (TTC), excluding delivery costs.
Only Swiss residents and professionals in the euro area who communicate their intra-community VAT number may be exempt from VAT.
The Prices are payable under the conditions provided for in Article 7 below.
6.2. Shipping cost
6.2.1. Nature and amount
The amount of the delivery costs (hereinafter the “ Delivery Costs “) corresponding to the Products ordered by the Buyer is indicated in the Product Description Sheet.
Delivery Costs include all costs incurred directly by the Seller to actually deliver the Products to the Buyer, i.e. in particular, but without this list being exhaustive, the costs of transport, insurance, packaging, packaging (etc.).
The amount of the Delivery Costs may be broken down according to the number of Products ordered.
Unless otherwise stipulated in the Descriptive Sheet (providing for example a “free” of carriage in certain situations), the Delivery Costs are exclusively borne by the Buyer, to whom they are re-invoiced by the Seller.
They are added to the total amount of the Order to be paid by the Buyer, at the time of validation of the latter.
The Delivery Costs are payable under the same conditions as the Price, in the manner provided for in Article 7 below.
6.2.2. Buyer’s special request or excess quantity of Products
In the event of a special request from the Buyer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs may be the subject of a specific additional invoice, on quotation previously accepted in writing by the Buyer.
It is the same in the event that the Buyer wishes to order a certain quantity of Products, exceeding that for which the amount of the Delivery Costs could be previously determined and indicated by the Seller in the Description Sheet.
6.2.3. Rights and taxes
The Delivery Costs do not include customs fees, duties and other taxes that may be applicable, in particular in the event of import or export of the Products from or outside metropolitan France (hereinafter the “ Duties and Taxes “).
As mentioned in Article 3.4 above, these Duties and Taxes remain the sole responsibility of the Buyer and are his sole responsibility.
Consequently, it is the Buyer’s responsibility to ensure, prior to any Order, their amount and their possible exigibility, without either the Seller or STORK & STOCK being able to incur any liability in this respect.
An invoice is drawn up by the Seller and given to the Buyer, either at the time of the Order Confirmation or upon delivery of the Products ordered.
This invoice mentions the Price of the Products, as well as any Delivery Costs applied.
7. TERMS OF PAYMENT
7.1. Payment of the Price to the Seller via an Electronic Payment Platform
The Price of the Products is paid to the Seller, by the Buyer, through 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 “).
To this end, Seller and Buyer must in particular conclude an independent contract with said service provider, create their 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 payment or collection of any order for Products.
It is recalled that this Electronic Payment Platform service is offered independently of the services offered by the Marketplace and that it only binds the Parties and the third-party provider, STORK & STOCK remaining completely foreign to them.
The payment of the Price to the Seller, through the Electronic Payment Platform, can be made by credit card (Credit Card, Visa, MasterCard, American Express, other credit cards), by telephone, by electronic wallet, by direct debit or by bank transfer.
No additional costs, higher than the costs incurred by the Seller for the use of a means of payment, may be invoiced to the Buyer.
It is recalled that the payment made by credit card is irrevocable, except fraudulent use of the card.
In the latter case, the Buyer may request the cancellation of payment and the return of the corresponding sums.
Payments made by the Buyer will only be considered final after actual collection of the sums due.
7.2. Cash payment of the entire Order
Except in the case provided for in Article 7.3 below, the Price of the Products ordered is payable in cash by the Buyer, i.e. in full at the time of validation of his Order.
7.3. Provisions applicable in the event of split payment offered by the Seller
7.3.1. Payment terms indicated in the Description Sheet
The Descriptive Sheet drawn up by the Seller may possibly provide that the Price of the Products will be payable in a fractional manner, under the conditions and deadlines determined by the Seller, in accordance with the regulations applicable in this area.
In the event that these conditions provide for the payment of a deposit by the Buyer, at the time of the Order, it is expressly agreed that it can in no way be qualified as a deposit within the meaning of Article 1590 of the Civil Code and that it can not be returned to the Buyer, for any reason whatsoever, in particular in the event of refusal to execute or honor his Order.
The Order being deemed firm and definitive at the time of its validation by the Buyer, the deposit would be, in the latter case, kept by the Seller as first damages.
7.3.2. Retention of title clause
In the event of split payment, the Seller reserves a right of ownership over the Product(s) sold, allowing it to repossess them in a few hands they are in or to refuse to proceed with their delivery, until full payment of the Price by the Buyer.
7.4. Default of payment
In the event of non-payment on their due date of all or part of the sums due to the Seller, the Buyer will be liable for default interest from the due date, without prior notice, at the rate of 3 times the legal interest rate in force on the said due date, and this, in accordance with Article L. 441-10 of the French Commercial Code.
In addition to these penalties, the Buyer must also pay the Seller a lump sum compensation for recovery costs set at € 40 (forty euros).
Finally, the Seller reserves the right, in the event of non-compliance with the payment conditions stipulated above, to suspend or cancel the delivery of the Products ordered by the Buyer, in accordance with Articles 1219 and 1220 of the Civil Code.
7.5. Lack of compensation
Unless previously agreed in writing, no compensation may be validly made by the Seller and/or the Buyer between any sums that they would remain reciprocally due under the Sales Contract.
The delivery of the Products is ensured by the Seller, under the conditions provided below.
8.1. Predictable delivery time
The Products ordered by the Buyer will be delivered within the foreseeable shipping time indicated on the Description Sheet established by the Seller, to which is added the processing and delivery time of the Products to the address indicated by the Buyer when ordering on the Marketplace website.
The delivery time appearing in the Descriptive Sheet is a foreseeable period, subject to fluctuations depending on, in particular, the Seller’s supply times.
It does not constitute in any case a strict period and the Seller can not be held liable to the Buyer in the event of a delay in delivery not exceeding a reasonable period.
In any case, the Seller cannot be held liable on this account in the event of delay or suspension of delivery attributable to the carrier, the Buyer or in the event of force majeure.
Finally, it is recalled that STORK & STOCK, which is not the seller of the Products ordered, cannot be held liable in this respect, in any way and for any reason whatsoever.
8.2. Terms of delivery
Delivery is constituted by the transfer to the Buyer of physical possession or control of the Products.
It is insured by the Seller, under his exclusive responsibility, who will mandate for this purpose any professional carrier of his choice.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go to the Buyer.
The delivery of the Products is made to the address provided by the Buyer at the time of his Order.
No modification of the delivery address can validly be opposed to the Seller, once his Order has been validated by the Buyer, without the consent and prior agreement of the Seller.
Any modification of the delivery address provided by the Buyer at the time of his Order must therefore be expressly validated by the Seller in order to be enforceable against him.
If necessary, this modification may possibly result in additional Delivery Costs, of which the Seller will inform the Buyer, which will be exclusively borne by the Buyer.
9. ACCEPTANCE – RESERVATIONS (APPARENT DEFECTS)
Unless otherwise specified in the Description Sheet, the Products sold by the Seller to the Buyer are new Products.
At the time of their delivery, the Buyer is required to check the apparent condition of the Products and to inform the Seller of any possible reservation concerning the condition, operation and/or non-conformity of the said Products within 2 (two) calendar days of their delivery, and this, by any means of communication allowing the conservation and dating of the data.
His complaint must list the non-conformity, poor condition and / or apparent defect of the Products concerned and be accompanied by all the supporting documents relating thereto (photographs, delivery note mentioning the reservations (etc.).
Without complaint from the Buyer within the aforementioned period of 2 (two) calendar days, the Products sold will be deemed to have been received in conformity, free from any apparent defect and in perfect condition by the Buyer.
In the event of proven non-conformity of one or more Products, the Seller undertakes to replace or refund them, as it deems most appropriate, within a reasonable time and at its expense.
It is expressly agreed that the Products used, soiled, damaged or altered in any way whatsoever by the Buyer may under no circumstances be refunded or replaced by the Seller, even if they have presented an apparent defect or non-conformity at the time of their delivery.
The custody of the Products sold and the risks relating to the use of the latter are in any case transferred to the Buyer as soon as they are actually delivered to the latter, even if a part of them is then the subject of subsequent reservations by the Buyer.
Finally, it is recalled that STORK & STOCK, which is not the seller of the Products ordered, cannot be held liable in this respect, in any way and for any reason whatsoever.
10. TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Products, to the benefit of the Buyer, will only be carried out after full payment of the Price by the latter, regardless of the date of actual delivery of the said Products.
In particular, it is recalled that in the event of split payment of the Price of the Products, the ownership of the latter will remain reserved to the Seller until their full payment, in accordance with Article 7.3.2 above, even if the said Products have been physically delivered to the Buyer.
11. TRANSFER OF RISK
11.1. Transfer of risk at the time of delivery
By way of exception to Article 1196 paragraph 3 of the Civil Code and without prejudice to Articles 7.3.2 and 10 above stipulated, the risks attached to the Products sold will be immediately transferred to the Buyer upon their actual delivery to the latter, said Products being then deemed to be placed in the power and possession of the Buyer from that moment.
11.2. Product custody
The Products being placed under the exclusive custody of the Buyer as soon as they are actually delivered, the latter therefore assumes, from that date, full responsibility for the use made of the Products, their storage, their possible resale, as well as, more generally, their use.
The Buyer expressly releases the Seller from any liability in this respect.
In general, the Buyer must fulfill all legal, administrative and tax obligations and comply in all circumstances with the laws and regulations relating to the possession, storage, use and resale of the Products, without the Seller being able to be worried in any way whatsoever in this respect.
The Buyer is solely responsible for the theft or declamation of the Products, as well as for any damage caused by said Products to third parties.
Finally, it is recalled that STORK & STOCK, which is not the seller of the Products ordered, cannot be held liable in this respect, in any way and for any reason whatsoever.
12. WARRANTY (HIDDEN DEFECTS)
Provided that the Descriptive Sheet drawn up by the Seller expressly mentions it, the Products sold by the Seller may possibly benefit from a contractual guarantee (hereinafter the “ Warranty “) covering any hidden defect within the meaning of articles 1641 and following of the Civil Code, resulting from a defect in material, design or manufacture affecting the Product(s) and making them unfit for the use for which the Buyer intended them.
Where applicable, this Warranty applies under the conditions set out below.
12.1. Duration of the Warranty
The duration of this Guarantee is indicated in the Descriptive Sheet drawn up by the Seller.
It runs from the date of delivery of the Products to the Buyer, made at the time of their delivery, in accordance with Article 8.2 above.
12.2. Disclaimer of Warranty
The Warranty applicable to the Products Sold is excluded in the event of:
iii) Negligence, lack of maintenance or lack of supervision of the Product(s) by the Buyer;
vii) Non-compliance by the Buyer with the warnings and instructions for installation and use indicated by the Seller in the technical instructions transmitted with the Product(s) sold and/or the Description Sheet of said Products;
viii) Non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Buyer to check prior to any Order.
In addition, the Warranty is expressly excluded concerning consumables, as well as, more generally, all wear parts of the Product (s) sold.
12.3. Implementation of the Guarantee
Under penalty of forfeiture of the Guarantee, the Buyer must inform the Seller, by registered letter with acknowledgment of receipt, of the existence of a hidden defect that may be guaranteed within a maximum period of 5 (five) calendar days following its discovery.
The Buyer shall be solely responsible for any delay or failure in the implementation of this Warranty, without being able to hold the Seller responsible for its own inertia or non-performance.
12.4. Seller’s Obligation under the Warranty
In the event of disclosure of a defect actually covered by the Guarantee, the Seller’s obligation will be limited to the replacement or reimbursement of the Product(s) affected by a hidden defect, to the exclusion of any other form of obligation, liability or assumption of responsibility, namely, in particular, but without this list being exhaustive, the costs of any kind incurred by the implementation of the Guarantee (such as notification costs, travel of the Seller’s technicians or delivery and transport costs), taxes and duties, material and immaterial damage of any kind that would be caused to goods (other than Products), as well as to any person, due to the guaranteed hidden defect.
The Buyer may not claim any other compensation whatsoever, and in particular, but without this list being exhaustive, any compensation for the immobilization or deprivation of use of the Product (s) during the implementation of this Warranty.
The replacement of the defective Product(s) will not have the effect of extending the Warranty period stipulated above in the article Error! Referral source not found..
12.5. Indissociability of the Guarantee
This Warranty forms an inseparable whole with the Product(s) sold by the Seller, which may in no case be resold, altered, transformed or modified without rendering the latter null and void.
This Warranty can therefore in no case be opposed to the Seller by a third party to the Sales Contract, to which the Buyer would have transferred the ownership of the Product (s).
12.6. Exclusion of any other form of warranty
The Seller only guarantees the Products sold to the Buyer under the conditions mentioned above, to the exclusion of any other guarantee, whatever its form or purpose, and in particular, any other guarantee for hidden defects unknown to the Seller, and this, in accordance with Article 1643 of the Civil Code.
It is also recalled that the Buyer chose the Products ordered himself and that it was up to him, before concluding the Sales Contract, to ensure their conformity with his own needs.
Consequently, it is expressly agreed that the Seller does not provide any guarantee of conformity of the Products sold with the specific and specific needs of the Buyer.
13.1. Seller’s Limitation of Liability
The Seller will be obliged to perform its contractual obligations with all due care and diligence.
However, it is expressly agreed that the Seller’s liability may only be incurred in the event of gross negligence or proven negligence and 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, loss of business or profit, loss of customers, loss of opportunity, cost of obtaining a substitute product, service or technology, or any other financial loss arising from, or being the consequence of the Sales Contract.
Under no circumstances may the Seller be held liable for any fault, negligence or any breach by the Buyer of its obligations, in particular if it installs or uses the Products in a manner that does not comply with the instructions given to it by the Seller in the technical notice and/or the Description Sheet.
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 event, if the Seller’s liability were to be incurred, the amount of damages that could be charged to him may not exceed, all damages combined, the sums actually received by the Seller under the Sales Contract concluded with the Buyer.
13.2. Force majeure
The responsibility of the Buyer or seller 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 settled 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 of 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 of suspension of their reciprocal obligations has disappeared, the Parties (Buyer and Seller) will make every effort to resume as soon as possible the normal performance of their contractual obligations.
If the impediment is definitive or exceeds a period of 45 (forty-five) calendar days, the Sales Contract concluded between the Buyer and the Seller will be purely and simply terminated, in accordance with the aforementioned article 1218 of the Civil Code.
14. INTELLECTUAL PROPERTY
14.1. Seller’s intellectual property rights
The Seller retains all industrial and intellectual property rights relating to its Products, creations, photos and technical documentation, which may not be communicated or exploited by the Buyer without the prior written authorization of the Seller.
14.2. Intellectual property rights relating to the Marketplace
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.
The Buyer and the Seller expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code.
16. PERSONAL DATA
The Buyer and the Seller will execute the Sales 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 undertake to ensure the security of the personal data they keep for the purposes of carrying out 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.
17. MISCELLANEOUS CLAUSES
17.1. No Waiver
The fact that one or the other of the Parties (Buyer or Seller) does not claim the application of any article of the GTC, whether temporarily or permanently, cannot be interpreted as a waiver of this Party to the benefit of said article.
17.2. Partial validity
If any of the stipulations of these GTC 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 causing its nullity or altering the validity of its other stipulations.
With the Descriptive Sheet drawn up by the Seller, the stipulations of these GTC express the entire Sales Contract concluded between the Buyer and the Seller.
They prevail over any previous proposal or agreement as well as any communication between the Parties (Buyer and Seller) relating to the subject matter of the said Sales Contract.
As an exception to the foregoing, the Buyer and the Seller reserve the right to derogate from certain clauses of these GTC, depending on the negotiations conducted between them, by the establishment of a separate contract or special conditions of sale which, if necessary, will then prevail over these GTC.
17.4. Reciprocal declarations
By accepting these GTC, both the Buyer and the Seller declare, undertake and acknowledge, as necessary, that:
iii) They each act in compliance with any regulations applicable to their activity,
18. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
18.1. Applicable law
These GTC, embodying the Sales Contract concluded between the Buyer and the Seller, as well as the operations arising or resulting from it, are governed by and subject to FRENCH LAW.
These GTC 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.
18.3. Dispute Resolution
18.3.1. STORK & STOCK intervention
AS STORK & STOCK is not the seller of the Products purchased by the Buyer, any dispute encountered in the context of the formation, execution or interpretation of the Sales Contract must therefore be settled directly between the Buyer and the Seller.
However, STORK & STOCK will provide its assistance and respond to any request of the Parties, whenever this is made necessary, in particular to enable them to prove the obligations contracted through the website of its Marketplace.
18.3.2. Attempted amicable settlement via the Marketplace website
In order to allow the Parties to try to amicably resolve any possible dispute, STORK & STOCK makes available to the Buyer and the Seller a complaints procedure and communication tools via the website of its Marketplace.
Each of the Parties (Buyer and Seller) therefore agrees, prior to any other approach, to try to resolve amicably and by this means any dispute that may arise on the occasion of the Sales 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, as provided for in Article 18.3.3 below.
This mutual agreement settlement procedure constitutes a necessary and mandatory prerequisite for the introduction of legal action between the Parties.
18.3.3. Competent courts
In the absence of an amicable settlement under the conditions provided for in article 18.3.2 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 Sales Contract concluded between them.
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 “).