The present General Conditions (hereinafter the "GC") are proposed by Artense S.A.R.L, a company registered in the RCS of Clermont-Ferrand under the number 89338116000017, whose registered office is located at 19, Avenue de la Libération, 63240 Mont Dore FRANCE (hereinafter "Artense").
In the following we will refer to :
And: "Service": paid service of publication or consultation of Advertisements, or any option that can be purchased or subscribed to from the Site (and not from the Advertisers); "Customer": the Internet user purchasing a Service on the Site; "Consumer", in accordance with the definition of the preliminary article of the French Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity".
The User of the Site is invited to read these GTC carefully, to print them and/or to save them on a durable medium. The User acknowledges having read the GTC and accepts them in full and without reservation.
This site is published by Artense S.A.R.L.
Legal information about the host and publisher of the site, including contact details and any capital and registration information, is provided in the legal notice of this site.
Information about the collection and processing of personal data (policy and declaration) is provided in the site's personal data policy.
The purpose of this site is determined as "Classifieds site".
The purpose of these GTC is to define the conditions of access to the Site and its use by Users. The Publisher reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the User are those in force on the day of his acceptance.
The acquisition of a product or service, or the creation of a member space, or more generally, browsing the Site implies acceptance by the User of the entirety of these GTCs, who acknowledges that he/she has fully understood them.
This acceptance may consist, for example, for the User, in ticking the box corresponding to the sentence of acceptance of these GTC, having for example the words "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User.
The User acknowledges the value of the automatic recording systems of the Editor of this Site as proof and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.
Acceptance of these GTCs assumes that the User has the necessary legal capacity to do so. If the User is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorisation of a guardian, curator or legal representative.
The Publisher makes available to the Customer, on its Site, a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy is part of the GCUV. Acceptance of these GCUVs therefore implies acceptance of the data confidentiality policy.
The Site Editor acts only as an intermediary between the Buyer and the Advertiser.
The latter hereby enter into a service contract with the Publisher, the purpose of which is to provide a technical tool for establishing contact. It is only thereafter that the Advertiser and the Buyer may enter into an agreement or contract (for example, a contract for the sale of the goods or services proposed in the Ad), if they so wish and by mutual agreement.
The Website Editor therefore only acts as an intermediary and is not the agent of either party. In the event of a dispute between the Advertiser and the Buyer, if the parties are unable to resolve their dispute amicably, they may have their dispute settled by the competent legal courts.
Users are offered the opportunity to contribute to the content of this Site, in particular through the publication of Advertisements.
The Website Editor has a responsibility as a host and must remove any Ad of a manifestly illicit nature, and reported as such. The Publisher cannot be held responsible, a priori and without reporting this content, for any illegal content published by a User. Thus, if an Advertiser puts an illegal ad online (content infringing intellectual property rights, discriminatory or inciting to violence, presentation of counterfeit goods, unauthorised regulated service, etc.), Users may notify the Publisher, who will immediately remove the ad in order to stop this obvious disorder.
The Publisher is entitled to take, without compensation, the following measures if a User, in the context of his use of the Site, has violated legal provisions, the rights of third parties or these GTC:
Users are informed that the Website Editor, represented by the moderators if necessary, may choose to publish the content in question on the newsletters of this Website and on the websites of all its partners, on condition that the Editor mentions the pseudonym of the author of the contribution.
The author therefore waives his rights on the content of the contributions, in favour of the Website Editor, for any distribution or use, even commercial, on the Internet, this, of course, always in respect of the author's paternity.
The Publisher may make available to Buyers means of evaluating Advertisers following confirmation of the shipment of the product or performance of the service concerned by an Ad, thus enabling Buyers to select the Ads of those Advertisers who best comply with these GTC.
The Website Editor does not control the assessment made by the Buyers, which it merely stores on the Website. However, he may be led to delete, without prior notice, any review whose content has been reported to him as being illicit. The evaluations left by the Buyer, as well as his pseudonym, will be visible to any User of the Site.
Unless otherwise stated, an Ad is published on the Site for a period of 365 Days.
At the end of each period, an email may be sent to the Advertiser to propose that the Ad be removed, modified or continued. For any Ad that has been on the Site free of charge for more than one year, the Site Editor reserves the right to withdraw its publication.
The Advertiser undertakes to implement all means to optimally satisfy its obligations by delivering a quality service to Users. The Advertiser guarantees that they do not contravene in any way the laws, regulations in force and applicable standards, whether mandatory or not, and that they do not infringe the rights of third parties.
The Advertiser also undertakes to ensure that the illustrations provided in the description associated with the advertisements he proposes (photographs, drawings, etc.) are in keeping with the products thus illustrated and respect the rights of third parties. He guarantees that he has the rights, in particular intellectual property rights, relating to these illustrations, which allow him to use them to present the products.
The Advertiser undertakes and guarantees that he will only offer in his advertisements (whether for donation, exchange or sale) products and services of which he is the owner or on which he has the rights allowing him to offer them. In this respect, the Advertiser shall refrain from offering any product consisting of infringing works within the meaning of the Intellectual Property Code or any product or service the marketing of which is regulated by virtue of legislative, regulatory or contractual provisions (in particular because of the existence of a selective distribution network).
In particular, therefore, the following items - listed by way of example and without limitation - may not, or only within strict restrictions, be offered (whether for donation, exchange or sale):
The User registered to the Site (member) has the possibility to access it by logging in with his identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party social network connection buttons. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the User forgets his/her password, he/she has the possibility to generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Website Editor cannot be held responsible for unauthorised access to a User's account.
The creation of a personal space is an essential prerequisite for any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to provide accurate information.
The purpose of collecting data is to create a "member account". This account allows the User to consult his contributions, his orders made on the Site and the subscriptions he holds. If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the Site and its Publisher shall not be held liable, as this information has no evidential value but is solely for information purposes. The pages relating to member accounts may be freely printed out by the holder of the account in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of the service or contributions by the User.
Each User is free to close his/her account and data on the Site. To do so, they must send an e-mail to Artense indicating that they wish to delete their account. No recovery of his data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these GTC (including, but not limited to, when the User has knowingly provided false information when registering and setting up his personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute damage for the excluded User, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Editor, to undertake legal proceedings against the User, when the facts justify it.
The Services offered by the Site to the Customer are those which appear in the catalogue published on the Site and are distinct from the goods and services offered in the Advertisements by the Advertisers. These Services may be in limited quantity and are then offered within the limits of their availability. The Customer may place an order for these Services and may pay by credit card. Payments by credit card are made through secure transactions provided by an online payment platform provider.
The Site Editor specifies on the catalogue whether billing is by the period, or fixed according to a level of use of the resources, or any other means of access. Unless otherwise specified when subscribing to the service, the billing method that applies is as follows: 40€ for 1 year. In the case of direct debit, the Site Editor will specify to the Customer in the payment interface the date of the direct debit, and its amount, as well as the frequency, which may depend on each Customer.
The Site Editor has no access to any data relating to the Customer's means of payment. Payment is made directly to the service provider. In the event of payment by cheque or bank transfer, the delivery periods defined in these GTC shall only begin to run from the date of effective receipt of payment by the Advertiser, the latter being able to prove this by any means.
The prices in the catalogue are in Euros, net of VAT (VAT not applicable, according to article 293 B of the CGI).
Artense reserves the right to pass on any change in the VAT rate to the price of products or services, and to modify its prices at any time. Nevertheless, the price listed in the catalogue on the day of the order shall be the only price applicable to the Client.
The Advertiser has the possibility to subscribe to a paying option, in connection with the publication of his Ad. Unless otherwise stated, a paid option is only subscribed for one Ad. Consequently, it is not possible to transfer the benefit of a paid option from one Ad to another.
It is possible to subscribe to several paying options for the same Ad, either simultaneously or not. The price of each paid option varies according to the type of option subscribed to, the quality of the Advertiser (private individual or professional) and the category of deposit selected. Where applicable, the price list of paying options by category and by Advertiser status is presented on the Site.
Some Ad placements may require payment. Subscribing to a paying offer to place an Ad is considered as the purchase of a Service on the Website, and is therefore governed by the rules defined in the paragraph relating to the terms and conditions of subscribing to a Service in these GTC.
Artense shall archive order forms and invoices on a reliable and durable medium that constitutes a faithful copy. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The "Shopping Cart" is defined below as the immaterial object that contains all of the Services selected by the Site's Client for purchase by clicking on these elements. In order to proceed with the order, the Customer chooses the Service(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time.
Once the Customer considers that he has selected and added to his basket all the Services he wishes to purchase, he will have the possibility, in order to validate his order, to access his basket by clicking on the button provided for this purpose. The Customer will then be redirected to a summary page on which he/she will be informed of the number and characteristics of the Services ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page where he/she must fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which is necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify the necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has filled in the form, he/she will be invited to make his/her payment using the payment methods listed in the section of these GTC relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him/her of the content of the order and the price.
The provision of a Service (e.g. activation of the Advertisement, or other paying option) by the Site is immediate, or requires a short moderation period. However, this period may not exceed 7 days.
In compliance with Article L.221-28 of the French Consumer Code, Artense, in its capacity as a possible seller of options or paid Advertisements, and not in its capacity as an intermediary between an Advertiser and a Buyer, provides access to an online tool, which is invoiced upfront (payment for the Advertisement or option), and whose services are largely consumed immediately after payment (by publishing the Ad or choosing the options), the Services ordered on the Site are not eligible for the usual right of withdrawal after the Customer has expressly waived this right when ordering.
If the Ad or the options are withdrawn, this will be a termination, with cancellation of the contract (withdrawal of the Ad or the options) and therefore of future settlements that may occur, only.
In the event that one of the parties (Publisher or Client) fails to fulfil its contractual obligations, the contract may be terminated by the other party by operation of law after sending a letter of formal notice by registered mail with acknowledgement of receipt which has remained without effect. The formal notice shall indicate the default or defaults observed.
In the event of termination, the Customer will cease to use any access codes to the solutions and application services.
The Site's support service is accessible by e-mail at the following address: support@todeals.eu or by post at the address indicated in the legal notice.
The Editor is not responsible for the User's publications, their content or their veracity. The Publisher cannot be held responsible for any damage to the User's computer system and/or loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with accurate, clear, precise and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance operations and content updates. The Publisher shall not be held responsible for any damage resulting from the unavailability of the Site or parts thereof.
The Website Editor cannot be held responsible for the technical unavailability of the connection, whether this is due to force majeure, maintenance, updating, modification of the Website, intervention by the host, an internal or external strike, a network failure or a power cut.
Artense shall not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Services purchased, the Publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present contract.
The choice and purchase of a Service is placed under the sole responsibility of the Customer. The total or partial impossibility of using the Services, in particular due to incompatibility of the equipment, may not give rise to any compensation, reimbursement or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Service allows for withdrawal, in accordance with article L.221-18 et seq. of the Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Client with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Artense shall not be held responsible in any way:
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, whether proven or alleged, resulting from or related to the use or the fact of having taken cognizance of the content, advertising, products or services available on these external sites or sources. Likewise, the Editor of this Site shall not be held liable if the User's visit to one of these sites causes him/her harm.
If, despite the Publisher's efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply with the requirements of French law, the User undertakes to immediately contact the Site's publication director, whose contact details are given in the Site's legal notice, in order to provide him with the address of the pages of the third party site in question.
A "Cookie" may allow the identification of the User of the Site, the personalisation of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in.
The User acknowledges being informed of this practice and authorises the Website Editor to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition.
The User may refuse the recording of "Cookies" or configure his browser to be warned before accepting "Cookies". To do this, the User must set the parameters of his browser:
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which it is hosted. In case of impossibility of access to the Site, due to technical problems or of any nature, the User will not be able to claim any damage or compensation.
The Website Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.
The User expressly admits using the Site at his/her own risk and under his/her exclusive responsibility.
The Site provides the User with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Artense shall not be held responsible in any way:
All elements of this Site are owned by the Editor or a third party agent, or are used by the Editor on the Site with the permission of their owner.
Any representation, reproduction or adaptation of the logos, textual, pictographic or video content, without this list being limitative, is strictly prohibited and is considered as counterfeiting.
Any User who is guilty of infringement may have his or her access to the site removed without notice or compensation and without this exclusion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Editor of this Site or his or her agent.
This Site uses elements (images, photographs, content) for which the credits go to : Fotolia.
The trademarks and logos contained on the Site may be registered by Artense, or possibly by one of its partners. Any person proceeding with their representation, reproduction, imbrication, distribution and rebroadcasting shall incur the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Any notification or notice concerning these GTC, the legal notice or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notice of the Site, specifying the contact details, name and surname of the notifier, as well as the subject of the notice.
Any claim related to the use of the Site, the Services, the Site's pages on any social networks or the T&Cs, the Legal Notice or the Privacy Policy must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. If such a claim is not filed within 365 days, such claim will be forever barred in court.
It is possible that the Website and the Services offered, to a limited extent, contain inaccuracies or errors, or information that is not in accordance with the GTC, the legal notice or the personal data charter. In addition, it is possible that unauthorised modifications are made by third parties on the Website or on related Services (social networks, etc.).
In such a situation, the User has the possibility to contact the Website Editor by post or by e-mail at the addresses indicated in the legal notice of the Website, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
If any provision of the T&Cs is held to be illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
The GTC replace all previous or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User himself.
A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC shall be in the French language.
These GTC are governed by and subject to French law.
Except in the case of public order provisions, any disputes that may arise in the context of the execution of these GTCs may, before any legal action is taken, be submitted to the Site Editor for an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the place of residence of the defendant.
According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation mechanism".
In this regard, Artense offers its consumer clients, in the event of disputes that cannot be resolved amicably, mediation by a consumer mediator, whose contact details are as follows
It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
All rights reserved - 5 January 2022