Company name: Federe Site
Legal form: SASU (simplified single-shareholder joint-stock company)
Registered office: 03 place Carnot 69002, LYON, France
Publication director: Mr. Gilles ENTERIC
(please note: the Federe Site website must, however, be regarded as a hosting provider of content and not as an online content publisher)
Email: contact@federe-site.fr
Phone: 06 13 51 85 54
Host: SAS OVH - http://www.ovh.com
2 rue Kellermann
BP 80157
59100 Roubaix, France
Phone: +33 9 72 10 10 07
RCS (Trade and Companies Register): 854 062 866
Share capital: six thousand euros (6,000 euros)
Individual tax identification number and intra-Community VAT number: 854 062 866 00017
CNIL simplified declaration number: in progress
1) Preliminary Definitions:
Each of the terms mentioned below shall have, within these "General Terms and Conditions of Sale PRO" of the "Federe Site Service" (hereinafter referred to as the "CGV PRO"), the following meaning:
"Listing": refers to all elements and data (visual, textual, audio, photographs, drawings) posted by an "Advertiser" under its exclusive editorial responsibility, with a view to buying, renting (as an offeror or as a requester), selling or exchanging a good or a service, and published on the "Federe Site" Website and its possible "Applications".
professional "Advertiser" : refers to any professional (any professional "Advertiser" being under the obligation to identify itself as such and being required to comply with the "CGV PRO" applicable to holders of a professional "Personal Account"), established in mainland France, holding a professional "Personal Account" on the "Federe Site" Website and using the "Federe Site Service" to post, in the course of its professional activity and from the "Federe Site" Website and/or its possible "Applications", "Listings" in the categories explicitly and exhaustively offered on the "Federe Site" Website. Any professional "Advertiser" must be logged in to its professional "Personal Account" in order to post and manage its "Listing(s)". Any first posting of a "Listing" automatically results in the creation of a professional "Personal Account" specific to the professional "Advertiser".
"Applications": where applicable, refers to the applications that can be downloaded free of charge onto a telephone, enabling "Users" and professional "Advertisers" to access the "Federe Site" Website and its possible "Applications" as defined in the "General Terms of Use".
"Order": any purchase made by a professional "Advertiser" from its professional "Personal Account" for the purpose of subscribing to Paid Option(s) for one or more Listing(s) and/or crediting its professional "Personal Account" with a view to paying the subscription fees for Paid Option(s), on the terms set out in article 5 of these "CGV PRO".
professional "Personal Account" : refers to the dedicated space opened by the professional "Advertiser" in order to use the "Federe Site Service" accessible from the "Federe Site" Website and its possible "Applications", and from which the professional "Advertiser" publishes its Listing(s) and views its Listing(s) currently being published.
"Federe Site" : refers to the company that publishes and operates the "Federe Site" Website and its "Applications", a company with capital of 6,000 euros, in the process of being registered, whose registered office is at Chemin de la Gaité, 69230 SAINT GENIS LAVAL.
"Customer Service" : refers to the department of the "Federe Site" Website from which the "Advertiser" may obtain any additional information. This department may be contacted by email by clicking on the "Contact" link present on the "Federe Site" Website and its possible "Applications".
"Federe Site Service" : refers to the services offered by the "Federe Site" Website and made available to "Users" and "Advertisers" on the "Federe Site" Website and its possible "Applications" as defined in the "General Terms of Use".
"Federe Site" Website : refers to the website operated by "Federe Site", accessible principally at the URL "www.federe-site.fr", and enabling "Users" and "Advertisers" to access the "Federe Site Service" via the internet, as defined in the "General Terms of Use".
"User" : refers to any visitor having access to the "Federe Site Service" via the "Federe Site" Website and/or its possible "Applications" and consulting the "Federe Site Service" accessible from these various media.
2) Purpose of these "CGV PRO":
These "General Terms and Conditions of Sale PRO" ("CGV PRO") establish the contractual conditions applicable to any subscription, by a professional "Advertiser" logged in to its professional "Personal Account", to paid option(s) and to the purchase of credits from the "Federe Site" Website and its possible "Applications".
3) Conditions of use of the "Federe Site Service" by the professional "Advertiser":
3.1 Rules relating to the professional "Personal Account"
3.1.1 Creation and ownership of the professional "Personal Account"
Any professional "Advertiser" wishing to publish "Listings" via the "Federe Site Service" must create a professional "Personal Account" from the "Federe Site" Website by completing the activation form made available on the "Federe Site" Website, and define its personal login credentials.
A professional "Personal Account" is personal to the professional "Advertiser" and may not be transferred or assigned to any third party without the prior written consent of "Federe Site". It is forbidden to use a professional "Personal Account" for several points of sale, each professional "Personal Account" being specifically allocated to a single point of purchase, sale or exchange of goods and/or services. There is therefore only one professional "Personal Account" per point of such activities, identified by a single email address.
3.1.2 Actions that may be carried out by the professional "Advertiser" from its professional "Personal Account"
From its professional "Personal Account", the professional "Advertiser" may:
Post its "Listings"
View its "Listings" currently being published
Purchase credits
Manage its "Listings" via the following options:
- subscribing to paid options
- modifying a "Listing"
- deleting (labelled: "Delete") a "Listing"
- copying a "Listing"
3.2 Rules governing the publication of "Listings"
The professional "Advertiser" undertakes to publish "Listing(s)" only in its own name and on its own behalf. Accordingly, unless "Federe Site" has given its prior express consent, the "Advertiser" may not use the "Federe Site Service" to publish "Listing(s)" in the name of and/or on behalf of a third party.
"Federe Site" reserves the right to:
Without this creating any obligation on its part to verify the content, "Federe Site" reserves the right to accept, refuse or delete any listing posted or modified by the professional "Advertiser".
"Federe Site" reserves the right to refuse or delete a "Listing" that breaches the provisions of these "CGV PRO", that does not comply with this paragraph and with the publication rules of the "Federe Site Service", or whose content is manifestly contrary to applicable statutory and regulatory provisions, as detailed below in article 6 "Undertaking and warranty of the professional 'Advertiser'".
Where the "Listing" contains one or more photos and/or one or more videos, "Federe Site" reserves the right not to publish the "Listing":
Under no circumstances may a "Listing" be used to convey any advertising message other than the presentation of its own particular subject.
If a "Listing" is rejected by "Federe Site" prior to going online, the "Advertiser" will be informed by email sent to the address provided when the professional "Personal Account" was created, and, where applicable, the amounts or credits committed for the purpose of publishing the "Listing" as a result of subscribing to one or more Paid Option(s) will be refunded to the professional "Advertiser" as follows:
Such a refusal does not give rise to any right to compensation on the part of the professional "Advertiser".
- any published "Listing" is published on the "Federe Site Service" for a predetermined, renewable period, unless withdrawn early by the professional "Advertiser" or by "Federe Site", in particular on account of unlawful content.
"Listings" are ranked on the "Federe Site Service" in chronological order, according to the date and time they were posted online. Accordingly, the professional "Advertiser" acknowledges and accepts that the appearance of its "Listing" at the top of the list is only temporary. Finally, the photos and videos posted by the professional "Advertiser" are deemed to be the property of Federe-Site.
Federe-Site cannot ensure, at any rate instantaneously, control over the listings and photos posted by advertisers. A "report" button is available to any individual, legal entity or entity of any kind, in order to bring to Federe-Site's attention any legal, statutory, moral, ethical or other issue. As soon as a report is received, Federe-Site undertakes to resolve the issue encountered, if it proves justified, as quickly as possible. Any advertiser or user of the site, or any individual or legal entity, or any entity of any kind whatsoever, including one who has not accessed the Federe-Site site directly but has been informed of the said issue indirectly or through a third party, or for the benefit of or on behalf of a third party, and who does not, as a first step, proceed in this manner, acknowledges that it cannot hold or seek to hold Federe-Site liable for the consequences of the issue in question, in particular once that issue has been resolved (for example, inappropriate wording in a listing or unauthorized use of a photo, etc.).
Finally, any advertiser or user (whether registered or not and/or logged in to the site or simply "browsing" the site) acknowledges having read and accepted the "General Terms of Use" and all the provisions set out on the site, in particular those arising from the "publication rules" and those indicated in the "legal notice".
4) "Orders":
4.1 General rules
The benefit of any "Order" (paid option(s), purchase of credits) is personal to the professional "Advertiser" who placed it and may not be assigned or transferred without the consent of "Federe Site". No refund is possible once an order placed has begun to be performed.
4.2 "Order" area
The "Advertiser" may place an "Order" from its "Listing" page or from its professional "Personal Account".
4.3 Timing of the "Order"
Paid Option(s): Each paid option may be subscribed to at the time the "Listing" is posted, during its publication, or upon its renewal.
Purchase of credits: the purchase of credits may be made at any time by the professional "Advertiser", and only from its professional "Personal Account".
4.4 Description and price
4.4.1 Paid Options
The "Prestige Listing" status ensures your "Listing" greater visibility on our site.
The "Featured Placement" option ensures your "Listing" a priority placement in the lists published on our site.
The "Bold" option enables the text of your "Listing" to be bolded and changes its background color to ensure better visibility.
"Inserting a photo beyond the eighth and/or a video beyond the first" allows you to better present your "Listing".
Subscribing to one or more paid option(s) is available exclusively to professional "Advertisers" logged in to their professional "Personal Account" from the "Federe Site" Website and/or its possible "Applications".
A paid option is subscribed to for a single "Listing" only. Accordingly, it is not possible to transfer the benefit of a paid option from one "Listing" to another.
It is possible to subscribe to several paid options for the same "Listing", whether simultaneously or not.
The price of each paid option is ten (10) euro cents. This price is systematically displayed for each paid option offered when drafting the listing.
The professional "Advertiser" acknowledges and accepts that any "Listing" posted in a category not corresponding to the product or service offered may be deleted at any time by the "Federe Site" website, without compensation or right to a refund of the amounts committed for the purpose of subscribing to paid options.
"Listings" are ranked on the "Federe Site Service" in chronological order, according to the date and time they were posted online. Accordingly, any professional "Advertiser" acknowledges and accepts that the appearance of its "Listing" at the top of the list is only temporary.
Subscription to one or more paid option(s) may be made by bank transfer, with a minimum amount of ten (10) euro cents (any surplus balance being credited to the professional "Advertiser"'s "Financial Account"), or from the credit balance, if sufficient, available in its "Financial Account".
4.4.2 Purchase of credits and payment by credits only from the professional "Personal Account"
The purchase of credits is made exclusively from the professional "Advertiser"'s "Personal Account" link, then from the "My Purchases" link, then from the "Purchase of credits" link.
The credits purchased may be used to subscribe to one or more paid option(s) as described in article 5 of these "General Terms and Conditions of Sale".
Credits are attached to the professional "Personal Account" from which they were purchased. For any purchase of credits, a bonus of 25% of the amount purchased is granted. Credits purchased and the 25% bonuses granted are non-refundable and may not be the subject of compensation or transfer, in particular in the event of deletion of the professional "Personal Account", to another "Personal Account", including a non-professional one.
5) Undertaking and warranty of the professional "Advertiser":
5.1 The professional "Advertiser" certifies that the "Listing", regardless of how it is distributed, complies with all applicable statutory and regulatory provisions (in particular those relating to advertising, competition, sales promotion, use of the French language, use of personal data, and the prohibition on marketing certain goods or services), complies with the provisions of these "CGV PRO" and the publication rules of the "Federe Site Service", and does not infringe the rights of third parties (in particular intellectual property rights and personality rights, etc.).
The professional "Advertiser" warrants that the content of its "Listings" strictly complies with the statutory obligations applicable to its activity.
The professional "Advertiser" warrants to "Federe Site" that it is the sole and exclusive author of the text, drawings, photographs, etc. making up the "Listing". Failing this, it declares that it holds all rights, in particular intellectual property rights and authorizations, necessary for the publication of the "Listing".
Accordingly, any "Listing" posted and published on the "Federe Site Service" appears under the sole responsibility of the professional "Advertiser".
Accordingly, the professional "Advertiser" releases "Federe Site", its subcontractors and suppliers, from all liability, holds them harmless against any claim or action in connection with the "Listing" that could be brought against them by any third party, and shall bear all damages as well as the costs and expenses to which they might be ordered, or which might be provided for against them under a settlement agreement signed by them with such third party, notwithstanding any damages that "Federe Site", its subcontractors and suppliers may claim on account of harmful acts resulting from the professional "Advertiser".
The professional "Advertiser" acknowledges and accepts that "Federe Site" is entitled to delete, without notice, compensation or right to a refund, any "Listing" currently being published that does not comply with the publication rules of the "Federe Site Service" and/or that is likely to infringe the rights of a third party or that contains unlawful content.
5.2 The professional "Advertiser" undertakes to offer in its "Listings" only goods and/or services or other proposals that it actually has available throughout the publication of the "Listing". Failing this, the professional "Advertiser" undertakes to withdraw the "Listing" from the "Federe Site Service" as soon as possible.
5.3 Accordingly, the professional "Advertiser" acknowledges and accepts that, for technical reasons, the posting online of a "Listing" on the "Federe Site" Website and its possible "Applications" cannot be instantaneous with its validation.
5.4 The professional "Advertiser" declares that it is aware of the extent of distribution of the "Federe Site" Website, that it has taken all precautions to comply with the legislation in force in the places of reception, and releases "Federe Site" from all liability in this respect.
5.5 The professional "Advertiser" agrees that the data collected or gathered on the "Federe Site" Website may be retained by access providers and used for statistical purposes or to respond to specific requests or requests emanating from public authorities.
5.6 To be admissible, any claim must precisely indicate the alleged defect(s) of the "Listing" and be sent to "Federe Site" in authenticated written form within ten (10) business days of the date of posting.
5.7 The professional "Advertiser" declares that it has been informed that, in order to access the "Federe Site Service", it must have internet access subscribed with the provider of its choice, the cost of which is at its own expense, and acknowledges that:
The professional "Advertiser" further undertakes to respect and maintain the confidentiality of the login credentials specific to its professional "Personal Account" and expressly acknowledges that any login to its professional "Personal Account", as well as any transmission of data to or from its professional "Personal Account", shall be deemed to have been carried out by the professional "Advertiser".
Any loss, misappropriation or use of these login credentials, and any consequences thereof, shall be the sole and entire responsibility of the professional "Advertiser".
6) Acceptance:
By subscribing to the "Federe Site Service", the professional "Advertiser" declares that it has read these "CGV PRO" and accepts them expressly, without reservation and/or modification of any kind whatsoever. The professional "Advertiser" thus waives the right to rely on any of its own "General Terms and Conditions of Purchase".
Any condition to the contrary put forward by the professional "Advertiser" shall therefore, in the absence of express acceptance, be unenforceable against "Federe Site", regardless of when it may have been brought to its attention.
The fact that "Federe Site" does not, at a given time, avail itself of any of these "General Terms and Conditions of Sale PRO" shall not be interpreted as a waiver of the right to avail itself thereafter of any of the said conditions.
7) Termination:
The professional "Personal Account" is free of charge and created for an indefinite period; it may be terminated at any time without notice by the professional "Advertiser" by authenticated written notice to "Federe Site".
The deletion by a professional "Advertiser" of its professional "Personal Account" results in the automatic deletion of the credits, including any bonuses that may have been granted, remaining to be used and attached to that account, which the professional "Advertiser" acknowledges and accepts.
"Federe Site" reserves the right, subject to ten (10) days' notice running from the sending of an email notifying the professional "Advertiser" of the termination hereof, sent to the email address provided by the professional "Advertiser" when opening its professional "Personal Account" or subscribing to the "Federe Site Service", to modify, interrupt or discontinue access to all or part of the "Federe Site Service" and/or the "Federe Site" Website and its possible "Applications", without being required to pay the professional "Advertiser" any compensation whatsoever. Any paid "Listing" that is, as a result, not published shall, where applicable, be refunded to the professional "Advertiser".
8) Price and VAT (Value Added Tax):
8.1 Prices are stated in euros and are expressed either exempt from VAT, or inclusive of all taxes ("TTC") and exclusive of tax ("HT")
8.2 Prices are displayed on the site
The price of each paid option and of the credit packages is the price in effect on the day of the "Order" by the professional "Advertiser".
"Federe Site" reserves the possibility of changing its prices at any time.
8.3 The invoice amount shall be expressed either exempt from VAT, or in euros exclusive of tax plus VAT and/or any other charges payable by the professional "Advertiser" at the rate in effect on the date of publication.
9) Terms of payment for paid options:
Payment for paid options shall be made prior to publication by bank transfer and/or by using credits available in the professional "Advertiser"'s professional "Financial Account".
No refund is possible after the service has been performed.
10) Liability and warranty:
10.1 Limitation of liability
"Federe Site" undertakes to implement all means necessary to ensure, as best it can, the provision of the "Federe Site Service" that it offers to the professional "Advertiser", within the framework of a best-efforts obligation. Unless otherwise agreed in writing, the service marketed by "Federe Site" is limited to the publication of a "Listing", with subscription to options, on the "Federe Site Service", to the exclusion of any other service. "Federe Site" gives no guarantee whatsoever as to any results expected by the professional "Advertiser" as a result of the publication of the "Listings".
"Federe Site" shall not be held liable for the capture of data effected without its knowledge, nor for any traceability resulting therefrom.
"Federe Site" shall not be held liable for interruptions of and changes to the "Federe Site Service" and/or the "Federe Site" Website and/or its possible "Applications", nor for the loss of data or information stored by "Federe Site" or by the professional "Advertiser" on its professional "Personal Account"; it is for the professional "Advertiser" to take all useful precautions to preserve the "Listings" that it publishes on the "Federe Site" Website.
"Federe Site" also cannot be held liable in the event of non-compliant use of the "Federe Site Service" by the professional "Advertiser", nor in the event that the "Federe Site Service" fails to meet the specific needs or expectations of the professional "Advertiser".
"Federe Site" shall not be held liable, in particular, for any direct or indirect harm or damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the "Federe Site" Website and/or its possible "Applications" and/or the "Federe Site Service".
"Federe Site", its subcontractors or suppliers, may not be held liable for delays in, or the inability to, fulfil their contractual obligations in the event of:
The professional "Advertiser" further acknowledges that, given the current state of the art and in the absence of any guarantee from telecommunications operators, the permanent availability of the "Federe Site Service" and in particular of the "Federe Site" Website cannot be guaranteed.
Given the technical constraints inherent in the architecture of the "Federe Site" Website, the placement indications and the statistics on visits and pages viewed by visitors to the "Federe Site" Website are provided for information purposes only. These may not give rise to any claim or request for compensation of any kind whatsoever on the part of the professional "Advertiser".
Except in the case of fraud or gross negligence, "Federe Site", its subcontractors and suppliers shall in no event be liable, whether in damages or in kind, for errors or omissions in the composition of a "Listing". In particular, such events may under no circumstances justify a refusal to pay, even partially, nor give rise to a right to a "Listing" at "Federe Site"'s expense, or to compensation.
It is expressly agreed that, in the event that one of the "Federe Site" Services provided by "Federe Site" to the professional "Advertiser" is not successfully carried out, "Federe Site"'s liability hereunder is limited to re-supplying the service in question that was not successfully carried out.
In any event, "Federe Site"'s liability for any damage whatsoever shall be limited to an amount not exceeding the amounts, exclusive of tax, actually paid by the professional "Advertiser" to "Federe Site" during the twelve (12) months preceding the event giving rise to "Federe Site"'s liability. Furthermore, "Federe Site"'s liability may be incurred only for direct damage suffered by the professional "Advertiser" resulting from a breach of its contractual obligations as defined herein. The professional "Advertiser" therefore waives the right to seek compensation from "Federe Site", on any grounds whatsoever, for indirect damage such as loss of profit, loss of opportunity, commercial or financial harm, increased overheads, or losses arising from or being a consequence of the performance hereof.
10.2 "Federe Site"'s warranty
"Federe Site" undertakes to ensure the permanence, continuity and quality of access to, and operation of, the "Federe Site" Website and the professional "Personal Account".
Accordingly, "Federe Site" shall use its best efforts to maintain access to its "Federe Site" Website 24 hours a day, 7 days a week, with guaranteed accessibility of (fifty) 50% of the time over a year, except in cases of force majeure. Where necessary, "Federe Site" reserves the right to limit or suspend access to the "Federe Site" Website and/or to the professional "Personal Account" in order to carry out any maintenance and/or improvement operations.
The professional "Advertiser" expressly acknowledges that this warranty does not cover any breakdown or interruption of the service occurring on account of telecom operators and/or the company hosting the "Federe Site" Website.
It is expressly agreed between the parties that the obligations undertaken by "Federe Site" under this article are best-efforts obligations.
The Federe Site website is in no way an agent or an auctioneer, and the advertiser has no obligation once it has been put in contact with the user who responded to its listing or its bid. Furthermore, there is accordingly no transfer of ownership or otherwise via or through the Federe Site website.
11) Force majeure:
Neither the professional "Advertiser", on the one hand, nor "Federe Site", its subcontractors or suppliers, on the other hand, may be held liable for any delay, non-performance or other breach of its obligations resulting from a case of force majeure. Cases usually recognized as such by the case law of the French Courts and Tribunals shall in particular be regarded as cases of force majeure, as shall total or partial strikes, whether internal or external to one of the parties, to a supplier or subcontractor, lock-outs, blockages of means of transport or supply for whatever reason, fires, storms, floods, water damage, governmental or legal restrictions, statutory or regulatory changes to forms of marketing, blockage of telecommunications means, including networks, and any other event beyond the control of the professional "Advertiser", of "Federe Site", or of its subcontractors or suppliers, preventing the normal performance of the services.
Each party shall notify the other party by registered letter with acknowledgment of receipt of the occurrence of any case of force majeure.
Where a case of force majeure arises, if the impediment to the normal performance of the contractual obligation were to persist for more than one (1) month, the parties shall be released from their mutual obligations automatically, without any judicial formality, without notice and without any compensation of any kind whatsoever being claimable against the defaulting party, following the sending of a registered letter with acknowledgment of receipt taking immediate effect.
12) Intellectual Property:
12.1 All intellectual property rights (such as, in particular, copyright, related rights, trademark rights, and database producers' rights) relating both to the structure and to the content of the "Federe Site" Website and/or its possible "Applications", and in particular the images, sounds, videos, photographs, logos, trademarks, graphic, textual and visual elements, tools, software, documents, data, etc. (hereinafter collectively referred to as "Quanta") are reserved. This "Quanta" is the property of "Federe Site". This "Quanta" is made available to professional "Advertisers", free of charge, solely for use of the "Federe Site Service" and within the framework of normal use of its features. Professional "Advertisers" undertake not to modify the "Quanta" in any way.
Any use of the "Quanta" of the Federe Site Website" and/or its possible "Applications" that is not expressly authorized constitutes an infringement of intellectual property rights and amounts to counterfeiting. It may also give rise to a violation of image rights, personality rights, or any other rights and regulations in force. It may therefore engage the civil and/or criminal liability of its author.
12.2 Any professional "Advertiser" is prohibited from copying, modifying, creating a derivative work, reverse engineering the design or assembly of, or otherwise attempting to find the source code of, even where it has been obfuscated, selling, assigning, sublicensing or transferring in any way whatsoever, any right pertaining to the "Quanta".
Any professional "Advertiser" of the "Federe Site Service" undertakes in particular not to:
Any reproduction, representation, publication, transmission, use or modification, or extraction, of all or part of the "Quanta", in whatever manner, carried out without the prior written authorization of "Federe Site" is unlawful. Such unlawful acts engage the liability of their authors and are liable to result in legal proceedings against them, in particular for counterfeiting.
12.3 The "Federe Site" trademarks and logos are registered trademarks. Any total or partial reproduction of these trademarks and/or logos without the prior written authorization of "Federe Site" is prohibited.
12.4 "Federe Site" is the producer of the databases of the "Federe Site Service". Accordingly, any extraction and/or re-use of the database(s) within the meaning of articles L 342-1 and L 342-2 of the French Intellectual Property Code (Code de la propriété intellectuelle) is prohibited.
12.5 "Federe Site" reserves the right to take any legal action against persons who fail to comply with the prohibitions contained in this article.
13) Modification of the "General Terms and Conditions of Sale PRO":
These "CGV PRO" are applicable as from November 1, 2018.
"Federe Site" reserves the right, at any time, to modify all or part of the "CGV PRO".
Professional "Advertisers" are invited to regularly consult the "CGV PRO" in order to be aware of any changes made.
14) Subcontracting:
"Federe Site" may freely use the service providers and/or subcontractors of its choice for the performance of all or part of the services, without having to inform the professional "Advertiser" thereof, or to seek its agreement as to the identity of such third parties.
15) Miscellaneous provisions:
Any processing of personal data under these terms is subject to the provisions of our "Privacy Policy", which forms an integral part of these "CGV PRO".
Should all or part of the "CGV PRO" prove to be illegal, invalid or unenforceable, for whatever reason, the provisions in question shall be deemed unwritten, without affecting the validity of the other provisions, which shall continue to apply between professional "Advertisers" and "Federe Site".
It should be noted that these "CGV PRO" are subject to the provisions of Law No. 2004-575 of June 21, 2004, article 25-II, to Ordinance No. 2005-674 of June 16, 2005, and to articles 1369-1 to 1369-2 of the French Civil Code (Code Civil)
16) Jurisdiction – Applicable Law:
These "CGV PRO" are governed by French law.
Any dispute shall fall within the exclusive jurisdiction of the courts competent for the city of Lyon (France), even in the case of third-party proceedings for a warranty claim or a plurality of defendants, or in the case of emergency or protective proceedings, whether by way of summary proceedings (référé) or by petition.
17) LEGALITY OF ONLINE AUCTION SALE SITES:
Auction sales are regulated by the French authorities; however, with the advent of the internet, a new type of auction sale has appeared: the online auction sale. But are online auction sale sites legal?
Internet law develops progressively through court decisions. The same holds true with regard to the law applicable to the legality of online public auction sale websites.
The legality of online auction sale sites presupposes that a third party offers, acting as agent of the owner or as intermediary, a good at public auction remotely by electronic means, in order to award it to the highest bidder.
The legal question decided by the courts is therefore to determine the legal status of the auction website: agent of the seller, or intermediary?
Under the name "online auctions" there may be several different realities. Public auction sales are strictly regulated in France, and those that exist on the internet bear little resemblance to them without adopting their constraints. Indeed, any individual may take part in online auctions, both as a buyer and as a seller, and this without any control whatsoever on many sites.
What, then, of the legality of auction sale sites?
The seller posts a listing describing what he wishes to sell, together with the starting price.
The buyer registers on the auction sale site with a username and a password. The seller indicates how the auction may be conducted: fixed price or not, reserve or no reserve, classic blind auction, or automatic bidding.
Until a law was passed on July 10, 2000, the auction sale of movable property was subject to specific regulation. Only wholesale auction sales (sold by lot) are unrestricted where they concern foodstuffs and raw materials listed by the law of May 28, 1858 (wool, cereals, coffee, etc.), to the exclusion of manufactured products: these are conducted on a commodity exchange through a sworn broker. Such brokers hold the complete monopoly over wholesale sales, the list of which was drawn up in 1858.
This list includes, among others: livestock and other live animals, wine, alcohol and spirits, small craft and boats, ships, fishing nets, furniture, building materials, fine pearls, tree saplings, and trees.
Other goods may be sold at auction only with the authorization of the commercial court (articles 2 and 5 of the law of June 25, 1841, as amended on September 21, 1943, or the law of June 3, 1861, concerning wholesale sales). With regard to sales of movable property, in order to protect retail traders, the law of June 25, 1841 provides that only second-hand goods may be the subject of a retail auction sale. In addition, the law imposes certain formalities to protect the non-professional buyer.
The law of July 10, 2000 regulates auction sales and repealed certain articles of the 1841 law.
Auction brokerage operations carried out by electronic means (of the aucland, ibazar type, etc.), which are characterized by the absence of a third party in carrying out the sale, do not constitute public auctions and are not subject to this law, except with regard to the distance sale of cultural goods, such goods being defined by the Customs Code (Code des douanes) and by European law.
On the other hand, the act of offering, while acting as agent of the owner of goods, to sell them at public auction by electronic means so as to award them, constitutes a public auction sale subject to the provisions of this law of July 10, which imposes a certain number of formalities. In particular, in order to conduct public auction sales, it will be necessary to have formed a company that must obtain the approval of a commission composed, in particular, of former commissaires-priseurs (judicial auctioneers).
Moreover, the new law did not repeal the first paragraph of article 1 of the 1841 law. Accordingly, it is impossible to make public auction sales a habitual method of selling.
As a result, auction sale sites will have to pay extremely close attention to how the sale is organized: whether or not an agent is involved, whether or not there is an award at the close of the sale and a transfer of ownership by the site, whether or not cultural goods are being sold, if they wish to avoid falling within the scope of this law. Implementing decrees for the law will need to be published in order to learn more.
Accordingly, and with a view to complying with the law, it is reiterated here that Federe Site is in no way an agent or an auctioneer, and the advertiser has no obligation once it has been put in contact with the user who responded to its listing or its bid. Furthermore, there is accordingly no transfer of ownership or otherwise via or through the Federe Site website.
I. Content of the site: French case law
With regard to online auctions hosted abroad but accessible in France, an order is soon to be handed down, probably next November.
This concerns the UEJF/Yahoo Inc. case. On the website of the company Yahoo.com, accessible to all internet users in France, there was an "Auctions" page offering for sale a thousand Nazi objects. The UEJF (Union of Jewish Students) argued that this display of objects offered for sale constituted not only an infringement of the provisions of article R. 645-1 of the French Criminal Code (incitement to racial hatred).
On May 22, 2000, the judge ordered:
Yahoo! Inc. to take all measures likely to deter and to make impossible any consultation on Yahoo.com of the auction sale service for Nazi objects and of any other site or service constituting an endorsement of Nazism or a denial of Nazi crimes; and Yahoo France to warn any internet user consulting Yahoo.fr, even before he makes use of the link enabling him to continue his searches on Yahoo.com, that if the result of his search, whether obtained from a directory tree or from keywords, leads him to sites, pages or forums whose title and/or content constitute an infringement of French law - as is the case for the consultation of sites glorifying Nazism and/or displaying uniforms, insignia or emblems recalling those worn or displayed by the Nazis, or offering for sale objects and publications whose sale is strictly prohibited in France - he must discontinue consultation of the site concerned, failing which he will incur the sanctions provided for by French legislation or have to answer legal proceedings brought against him. A second order was handed down on August 11, 2000, reiterating the injunction issued against Yahoo Inc. in the order of May 22, 2000, but coupling it with a penalty of 200,000 francs per day of delay from the date of service, given the persistence of the disturbance.
A panel of experts was subsequently set up to study appropriate filtering methods, and is due to submit its report next November.
Conclusion:
Whether the site is based in France or not, whether it is deemed to operate under a foreign law, or whether the auctions are deemed to take place in another country, none of this appears, according to this case law, to prevent the intervention of the French courts applying French law.
In French culture, it is understandable that auctions involving Nazi items should cause shock.
But the injunction issued against Yahoo may come as a surprise: the American site, although intended for worldwide distribution, has its liability engaged with regard to goods offered at auction, and is ordered to comply with French legislation. Yet do French sites themselves comply with all legislation?
II. Application of the law of July 11, 2000 to a site located abroad
The law of July 11, 2000 is intended to apply to public auction sales, as well as to auction brokerage operations involving cultural goods.
Accordingly, it might be enough to open a site and locate it abroad in order to circumvent French law. Indeed, the award of the sale (adjudication) is one of the conditions of a public auction sale.
However, the law does not address the location of the "fall of the hammer" where a remote sale is made by electronic means.
Yet, it is on this location that the law applicable to the sale would appear to depend.
If the place of establishment of the service provider is intended to serve as the connecting factor, the interest at stake could be to escape the taxation of certain countries such as France.
A) In the event of problems (non-delivery, non-payment, goods not matching the description, etc.) with a good purchased on an auction sale site, are there any remedies?
In most cases, these sites are not subject to the legislation governing public auction sales of movable objects (cf. law of July 10, 2000). Indeed, they are treated as intermediaries facilitating contact between individuals wishing to sell or buy goods. Accordingly, any dispute between the offeror and the purchaser must be settled between them.
It is nevertheless necessary to pay attention to the general terms and conditions of the various sites. Lastly, there is no such thing as refusal to sell between individuals, since a sales contract is formed when offer and demand meet. Everything depends on the site's general terms of use and of sale. Generally, these disclaim all liability and advise recourse against the seller. Time will tell whether this type of clause will be regarded as valid by a court.
In fact, with regard to a sales contract concluded remotely between two persons who are not professionals, the main problem lies in proving the parties' undertaking. Under French law, it is for the person claiming performance of an obligation to prove its existence.
In the absence of written confirmation from the contracting parties, it appears difficult to rely on electronic exchanges, at least not before the adoption of the implementing decrees for law no. 2000-230 of March 13, 2000 on electronic signatures. Lastly, if the contract is entered into with a minor lacking legal capacity, it may be called into question. It remains to be seen whether it is worth pursuing.
B) Are the sites liable for what takes place on them? (scams, illegal goods, etc.)? For the time being, none has been held liable, and their general terms of sale and of use attempt to exempt them from all such problems.
The courts might eventually find that they bear liability on the same footing as that of website hosts, whose liability has been challenged by the courts in cases involving the hosting of web pages harmful to others (child pornography, image rights: cf. the Estelle Halliday case, the Lacoste case of 8/12/99, Nanterre Regional Court (TGI)). This type of site is too recent for there to be any court cases at the present time.
For example: an auction sale site states that it exercises no control and incurs no liability regarding the quality, safety or legality of the goods or services put up for Auction between Individuals, the truthfulness or accuracy of their description in the listings posted online, the Sellers' ability to sell the said goods or services, or the Members' ability to pay for the said goods or services.
If a seller (who has not set a reserve price) is not satisfied with the final auction amount, is he nevertheless obliged to sell his item? Or is there legally nothing obliging him to do so?
In the absence of specific statutory provisions or case law, it is the site's general terms and conditions that apply. When you set a sale price, depending on the site, you may or may not be obliged to sell.
C) What does a company risk by creating an auction sale site? The regime governing online auction sales has just been defined by a law of July 10, 2000.
On May 3, 2000, the Paris Regional Court (tribunal de grande instance) prohibited the companies Nart SAS and Nart Inc. from organizing online auction sale operations carried out in France, in disregard of the monopoly of the commissaires-priseurs (judicial auctioneers), which is set to disappear under the terms provided for by the law of July 10, 2000.
They found that online sales present all the characteristics of public auction sales. The site n@rt.com used the services of commissaires-priseurs for part of the sales offered.
Attention must also be paid to what is put up for auction. Thus, on May 22, 2000, the Paris Regional Court ordered the American company Yahoo Inc., which had been sued by 2 French associations (UEJF) over the practice of Nazi auctions, to make it impossible to access this service on their site from France. An expert assessment is currently under way regarding the technical implementation of this prohibition.
Contact our law firm should you have any doubts; we are at your disposal: Telephone: 01 43 37 75 63
RELATED ARTICLES:
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This article was written to provide useful information and legal advice for personal or professional use.
It is updated regularly, as far as possible, as the law is constantly evolving. The firm therefore cannot be held liable for any obsolescence or any legal error in the articles on the site.
But each case is unique. If you have a specific question for the law firm to which you cannot find the answer on the site, you may telephone us at 01 43 37 75 63.
All of the "General Terms and Conditions of Sale" mentioned above apply to all advertisers other than professionals, thereby constituting the "General Terms and Conditions of Sale PART".
1) Preliminary Definitions:
Each of the terms mentioned below shall have, within these "General Terms and Conditions of Sale" of the "Federe Site Service" (hereinafter referred to as the "GTC"), the following meaning:
"Listing": means all elements and data (visual, textual, audio, photographs, drawings) posted by an "Advertiser" under its sole editorial responsibility, with a view to buying, renting (whether as lessor or as lessee), selling or exchanging a good or a service, and published on the "Federe Site" Website and any of its "Applications".
"Advertiser": means any natural person, of legal age, acting exclusively for private purposes (any "Advertiser" being under the obligation to identify itself as such and being required to comply with the "GTC" applicable to holders of a "Personal Account"), resident in mainland France, holding a "Personal Account" and having posted a "Listing", from that account, on the "Federe Site" Website and/or on any of its "Applications". Every "Advertiser" must necessarily be logged into its "Personal Account" in order to post and manage its Listing(s). Any first posting of a "Listing" automatically results in the creation of a "Personal Account" specific to the "Advertiser".
"Applications": where applicable, means the applications downloadable free of charge onto a telephone, allowing "Users" and "Advertisers" to access the "Federe Site" Website and any of its "Applications" as defined in the "General Terms of Use".
"Personal Account": means the free space that every "Advertiser" must create for itself and to which it must log in from the "Federe Site" Website and any of its "Applications", in order to publish, manage and view its listings, subscribe to one or more paid option(s) and purchase credits. The "Advertiser" must create its "Personal Account" from the "Registration" link appearing on the home page of the "Federe Site" Website. Once created, it is accessed from the "Personal Account" link, which will thereafter always appear on the home page of the "Federe Site" Website in place of the "Registration" link.
"Federe Site": means the company that publishes and operates the "Federe Site" Website and its "Applications", a company with share capital of six thousand (6,000) euros, in the process of being registered, whose registered office is located at Chemin de la Gaité, 69230 SAINT GENIS LAVAL.
"Customer Service": means the department of the "Federe Site" Website from which the "Advertiser" may obtain any additional information. This department may be contacted by e-mail by clicking on the "Contact" link found on the "Federe Site" Website and any of its "Applications".
"Federe Site Service": means the services offered by the "Federe Site" Website and made available to "Users" and "Advertisers" on the "Federe Site" Website and any of its "Applications", as defined in the "General Terms of Use".
"Federe Site" Website: means the website operated by "Federe Site", accessible mainly from the URL "www.federe-site.fr", and allowing "Users" and "Advertisers" to access, via the internet, the "Federe Site Service" as defined in the "General Terms of Use".
"User": means any visitor who has access to the "Federe Site Service" via the "Federe Site" Website and/or any of its "Applications" and who consults the "Federe Site Service" accessible from these various media.
2) Regarding the purpose of these "GTC":
These "General Terms and Conditions of Sale" ("GTC") set out the contractual conditions applicable to any subscription, by an "Advertiser" logged into its "Personal Account", to paid option(s) and to the purchase of credits from the "Federe Site" Website and any of its "Applications".
3) Regarding the description of the paid options:
"The Prestige Listing status" ensures greater visibility for your "Listing" on our site.
"The Priority Placement option" ensures priority placement for your "Listing" in the lists published on our site.
"The Bold option" allows the text to be displayed in bold and changes the background colour of your "Listing" to ensure better visibility.
"The insertion of a photo beyond the eighth and/or a video beyond the first" allows you to better present your "Listing".
4) Regarding the terms for subscribing to paid options and purchasing credits:
4.1 General rules:
4.1.1 Paid options:
Subscribing to one or more paid option(s) is available exclusively to "Advertisers" logged into their "Personal Account" from the "Federe Site" Website and/or any of its "Applications".
A paid option is subscribed to for a single "Listing" only. Accordingly, it is not possible to transfer the benefit of a paid option from one "Listing" to another.
It is possible to subscribe to several paid options for the same "Listing", whether simultaneously or not.
The price of each paid option is ten (10) euro cents. This price is systematically displayed for each paid option offered when drafting the listing.
The "Advertiser" acknowledges and accepts that any "Listing" posted in a category that does not correspond to the product or service offered may be deleted at any time by the "Federe Site" website, without compensation or any right to reimbursement of the sums committed for the purpose of subscribing to paid options.
"Listings" are ranked on the "Federe Site Service" in chronological order, according to the date and time they were put online. Accordingly, every "Advertiser" acknowledges and accepts that the presence of its "Listing" at the top of the list is only temporary.
Subscribing to one or more paid option(s) may be done by bank transfer from the "Advertiser"'s "Personal Account" link, then from the "My Purchases" link, then from the "Make a Bank Transfer" link, with a minimum amount of 0.10 euros (any surplus balance being credited to the "Advertiser"'s "Financial Account"), or from the credit balance, if sufficient, that may be available on its "Financial Account".
4.1.2 Purchase of credits:
The purchase of credits is made exclusively from the "Advertiser"'s "Personal Account" link, then from the "My Purchases" link, then from the "Purchase of Credit" link.
The credits purchased may be used to subscribe to one or more paid option(s) as described in Article 5 of these "General Terms and Conditions of Sale".
Credits are attached to the "Personal Account" from which they were purchased. For any purchase of credits, a bonus of 25% of the amount purchased is granted. Credits purchased and the 25% bonuses granted are not refundable, nor may they be the subject of compensation or a transfer, in particular in the event of deletion of the "Personal Account", to another "Personal Account", including a professional one.
Each purchase of credit is payable by bank transfer only, with a minimum amount of four (4) euros.
4.2 Location and Time of Subscription:
4.2.1 Paid options:
Paid options may be subscribed to by any "Advertiser" logged into its "Personal Account", from the "Federe Site" Website and any of its "Applications":
"Photos" or "Additional Videos" may only be subscribed to at the time of posting, modifying, or extending a "Listing".
4.2.2 Purchase of credits:
Any logged-in "Advertiser" may, from the home page of the "Federe Site" Website, then the "My Personal Account" link, then the "My Purchases" link, then the "Purchase of Credits" link, purchase credits as described in Article 6 of these "General Terms and Conditions of Sale". For any purchase of credits, a bonus of 25% of the amount purchased is granted. Credits purchased and the 25% bonuses granted are not refundable, nor may they be the subject of compensation or a transfer to another "Personal Account".
4.3 Duration and effect of the paid option(s) and of the credits:
4.3.1 Paid options:
The duration of a paid option corresponds to the duration of the "Listing".
Subscribing to a paid option does not extend the duration of the "Listing".
Upon early withdrawal of the "Listing" (whether at the initiative of the "Advertiser" or of "Federe Site", in particular in the event of abusive content or for any other legitimate ground for withdrawal), or upon expiry of its publication period, the paid option ceases to have effect. Extending a "Listing" does not extend the duration of the paid option.
Modifying a "Personal Account" does not extend the duration of the paid option(s) subscribed to.
Deletion of a "Personal Account" results in the deletion of all "Listing"(s) attached to that "Personal Account" (same e-mail address) and, consequently, of all paid option(s) subscribed to for those "Listings", and gives rise to no right to reimbursement or compensation, including of the balance of its "Financial Account" should it be, where applicable, in credit, which the "Advertiser" acknowledges and accepts.
4.3.2 Credits:
Each credit has an unlimited period of validity, except in the cases set out in these "GTC", such period running from the day of its purchase.
Deletion of a "Personal Account" results in the deletion of the credits associated with that account. Such deletion may occur either at the initiative of the "Advertiser" itself, or at the initiative of "Federe Site" pursuant to a legitimate deletion provision, specified where applicable on the "Federe Site" Website or on any of its "Applications". During their period of validity or following the deletion of a "Personal Account", the credits purchased, as well as the 25% bonuses that may have been obtained and that appear on the "Advertiser"'s "Financial Account", are not refundable, nor may they be the subject of compensation or a transfer to another "Personal Account" and/or "Financial Account".
5) Regarding prices:
The rates applied are those in force on the day of the purchase of the paid option(s) or of the purchase of credits by the "Advertiser". "Federe Site" reserves the right to modify its prices at any time.
5.1 Paid options:
The price of each paid option is ten (10) euro cents. The price list for the paid options is systematically displayed.
5.2 Purchase of credits:
For any purchase of credits, a bonus of 25% of the amount purchased is granted. The minimum amount for a purchase of credits is four (4) euros.
These credits, as well as the 25% bonus granted, are not, at any time, refundable, nor may they be the subject of compensation or a transfer, and are simply deleted upon deletion of the "Personal Account" to which they relate.
6) Regarding payments and invoicing:
6.1 Paid options:
Subscription to one or more paid option(s) may be made by any "Advertiser" logged into its "Personal Account":
Payment is due upon subscription to each paid option.
Any subscription to a paid option by bank transfer or by credits will give rise to an invoice available to the "Advertiser" from the "My Personal Account" link, then the "My Purchases" link, then the "My Invoices" link, from the "Federe Site" Website and any of its "Applications", after validation of its "Listing".
The "Advertiser", from the "My Invoices" link, has the option of downloading, in PDF format, the invoice(s) relating to its subscription(s) to paid options.
6.2 Purchase of credits:
The purchase of credits may be made by any "Advertiser" logged into its "Personal Account" only by bank transfer.
Payment is due upon the purchase of credits.
Any purchase of credits by bank transfer will give rise to an invoice available to the "Advertiser" from the "My Personal Account" link, then the "My Purchases" link, then the "My Invoices" link, from the "Federe Site" Website and any of its "Applications", after validation of its "Listing".
The "Advertiser", from the "My Invoices" link, has the option of downloading, in PDF format, the invoice(s) relating to its purchase(s) of credits.
6.3 Refund and Withdrawal:
6.3.1 Refund:
Paid options are not refundable, nor may they be the subject of compensation or a transfer.
Credits are not refundable, nor may they be the subject of compensation or a transfer.
In the event of deletion of a Listing
If the publication of a "Listing" is refused by "Federe Site" due to its non-compliance with the publication rules of the "Federe Site Service":
On the other hand, if "Federe Site" were compelled to delete the "Listing" while it was being published, due to its non-compliance with the publication rules of the "Federe Site Service", and in particular because its content had been legitimately reported as abusive, "Federe Site" will not reimburse the "Advertiser" for the amount paid or the credits used in respect of the paid option(s) subscribed to when posting and/or modifying the "Listing" being published that was thus deleted.
In the event of deletion of a "Personal Account"
Deletion of a "Personal Account" results in the deletion of all attached "Listing(s)", and, consequently, the deletion of all paid option(s) subscribed to for those "Listings", and gives no right to reimbursement, compensation, or transfer, which the "Advertiser" acknowledges and accepts.
Deletion of a "Personal Account" results in the deletion of the associated credits, and gives rise to no right to reimbursement, compensation, or transfer, which the "Advertiser" acknowledges and accepts.
6.3.2 Withdrawal:
Pursuant to Articles L 221-18 et seq. of the French Consumer Code (code de la consommation), the "Advertiser" has a period of fourteen (14) clear days to withdraw. However, by confirming the order, the "Advertiser" accepts that "Federe Site" will begin performing the service, and the "Advertiser" expressly waives its right of withdrawal.
7) Regarding acceptance of the "GTC":
Any subscription to paid option(s) and/or purchase of credits by an "Advertiser" constitutes full and complete acceptance of the "GTC" in force.
8) Regarding liability - Force majeure:
"Federe Site" cannot be held liable in the event of non-performance or improper performance of the order due either to an act of the "Advertiser" or to a case of force majeure.
9) Regarding amendments to the "GTC":
These "GTC" are applicable as of 1 November 2018.
"Federe Site" reserves the right, at any time, to amend the "GTC" in whole or in part.
"Advertisers" are invited to regularly consult the "GTC" in order to be aware of any changes made.
10) Regarding other provisions:
Any processing of personal data under these terms is subject to the provisions of our "Privacy Policy", which forms an integral part of these "GTC".
The advertiser, whether a professional or a private individual, acknowledges, by posting a listing or a bid on the Federe Site website, that the photos and/or videos attached thereto become the property of the Federe Site website, and accordingly authorizes any form of use thereof by the latter.
If any part of these "GTC" is found to be illegal, invalid, or unenforceable, for whatever reason, the provision(s) in question shall be deemed unwritten, without affecting the validity of the other provisions, which will continue to apply between "Advertisers" and "Federe Site", except where it was an essential and determining clause that led one of the Parties to subscribe to the paid option(s) concerned.
Any complaint must be addressed to the "Customer Service" of "Federe Site" by clicking on the "Contact" link appearing on the home page of "Federe Site".
11) Regarding jurisdiction - applicable law:
Any dispute shall fall within the exclusive jurisdiction of the courts having jurisdiction over the city of Lyon (France), even in the event of third-party proceedings or multiple defendants, or in the event of urgent or protective proceedings, whether by way of summary proceedings (référé) or by petition.
These "GTC" are governed by French law.
As a fundamental principle, all processing of personal data and cookies carried out within the framework of the « Federe Site » website is subject to the provisions of this « privacy policy ».
The purpose of the website called « Federe Site » is to:
- present to the users and advertisers of the « Federe Site » website, published by the company « SASU Federe Site », the offers proposed by the « Federe Site » website;
- advise and assist « Advertisers » in their use of the « Federe Site » website and any « Applications » thereof.
Access to, browsing of, and use of the site are subject to unreserved acceptance of this « Privacy Policy ».
The « Federe Site » website and any « Applications » thereof are published by the company « Federe Site », a company with capital of 6,000 euros and whose registered office is at 03 place Carnot 69002 LYON.
The Publication Director of the « Federe Site » website and any « Applications » thereof is Mr Gilles ENTERIC.
Intra-Community VAT number: 854 062 866 00017.
Contact:
- email: "Contact" link on the site;
- telephone number: 0613518554.
The « Federe Site » website is hosted by: OVH, .2 rue Kellerman, BP 80157, 59053 ROUBAIX CEDEX 1 – FRANCE.
Each of the terms mentioned below shall have, in this « Privacy Policy », the following meaning:« Federe Site »: refers to the company that publishes and operates the « Federe Site » website and any « Applications » thereof, a company with capital of 6,000 euros and whose registered office is at 03 place Carnot 69002 LYON.
« User » : refers to any internet user browsing and using the « Federe Site » website and any « Applications » thereof.
« Advertiser » : refers to any internet user who places one or more listings on the « Federe Site » website and any « Applications » thereof.
Article 1 : regarding the purpose of the « Federe Site » website
The purpose of the « Terms of Use » (« TOU ») is to determine the conditions under which the « Federe Site » website and any « Applications » thereof are used by « Users » and «Advertisers ».
Article 2 : regarding the implicit and automatic acceptance of the « TOU »
Every « User » and «Advertiser », by accessing, using, and posting listings on the « Federe Site » website and any « Applications » thereof, implicitly and automatically acknowledges having read the « TOU » and expressly accepts them without reservation and/or modification of any kind whatsoever. These TOU are therefore fully enforceable against « Users » and «Advertisers ».
Article 3 : regarding use of the « Federe Site » website
The « User » or the «Advertiser » of the « Federe Site » website and any « Applications » thereof implicitly and automatically declares that they have the necessary means to access and use the « Federe Site » site and acknowledges that:
The information provided by « Federe Site » on the « Federe Site » website and any « Applications » thereof is provided in a fully clear and transparent manner, based on the information it itself holds, and is therefore provided for indicative purposes only.
« Federe Site » does everything within its power to make available to « Users » and «Advertisers », reliable, complete and up-to-date information based on that which is provided to it, in particular by « Users » and «Advertisers ». Accordingly, such information cannot be guaranteed to perfectly reflect its accuracy, completeness and currency.
Article 4: regarding changes to the « Federe Site » website and to the « TOU » of « Federe Site »
4.1 « Federe Site » reserves the right, at any time, to modify or interrupt the accessibility of all or part of the « Federe Site » website and of any « Applications » thereof. « Federe Site » also reserves the possibility of modifying, at any time, all or part of the « TOU ». « Users » and «Advertisers » are invited to regularly consult the « TOU » in order to be informed of any changes made. Use of the « Federe Site » website by « Users » and «Advertisers » constitutes their acceptance of any changes made to the « TOU ».
Article 5 : regarding intellectual property rights
5.1 All intellectual property rights (such as, in particular, copyright, related rights, trademark rights, database producers' rights) relating to both the structure and the content of the « Federe Site » website and any « Applications » thereof, and in particular the images, sounds, videos, photographs, logos, trademarks, graphic, textual and visual elements, tools, software, documents, data, etc. (hereinafter generically referred to as « Quanta ») are reserved. These « Quanta » are the property of « Federe Site ». These « Quanta » are made available to « Users » and «Advertisers », free of charge, solely for their use on the « Federe Site » website and any « Applications » thereof and within the context of normal use of its features. « Users » and «Advertisers » undertake not to modify any of these "Quanta" in any way whatsoever.
Any use not expressly authorized of one or more «Quanta » of the « Federe Site » website or of any « Applications » thereof constitutes a breach of copyright and amounts to infringement. It may also result in a violation of image rights, personal rights or any other rights and regulations in force. It engages the civil and/or criminal liability of its author.
5.2 The trademarks and logos belonging to « Federe Site » are registered trademarks. Any total or partial reproduction of these trademarks and/or logos without the prior written authorization of « Federe Site » is prohibited and will be subject to legal proceedings.
5.3 « Federe Site » prohibits any « User » and/or «Advertiser » from copying, modifying, creating a derivative work, reverse engineering or altering the design or assembly, or otherwise attempting to find the source code, including in the event of obfuscation, selling, assigning, giving, entrusting, sub-licensing or otherwise transferring in any manner whatsoever any right pertaining to these « Quanta ».
Accordingly, any « User » and/or «Advertiser » of the « Federe Site » website undertakes, in particular, not to:
5.4. No hypertext link may be created to the « Federe Site » website or any « Applications » thereof without the prior express agreement of « Federe Site »
5.5. « Federe Site » reserves the possibility of pursuing any legal remedy against any natural or legal persons who have not complied with the prohibitions contained in this article.
Article 6: regarding the application of the provisions of the « TOU » according to various situations
6.1 Should any part of the « TOU » prove to be illegal, invalid or unenforceable, for whatever reason, the provisions in question shall be deemed unwritten, without calling into question the validity of the other provisions, which will continue to apply as between, on the one hand, « Users » and «Advertisers » and, on the other hand, « Federe Site ».
6.2 These "TOU" are governed by French law, and the courts having jurisdiction shall be those of the city of Lyon (France).
Article 7: regarding the notices and information collected by « Federe Site »
CNIL notices: to be provided.
Information on the data controller, the recipients and the purpose of the collection of information collected by « Federe Site »:
This information is essential for « Federe Site » to enable us to contact you and communicate with you. This information is processed, at « Federe Site », by authorized personnel from the administrative, marketing, sales, logistics and IT departments as well as their line managers.
The processing of this information by « Federe Site » is for statistical and prospecting purposes, as well as to keep you informed of « Federe Site »'s activities. This information may be transmitted, subject to your agreement, to its partners and is otherwise accessible, for purely technical reasons, to service providers responsible for its technical processing as well as its hosting, moderation and technical support.
Article 8: regarding your rights of objection, access and rectification with respect to your collected data and regarding your privacy:
In accordance with applicable regulations, « Users » and « Advertisers » benefit from a right to object to receiving commercial offers or for a legitimate reason, as well as a right of access, rectification and deletion of information concerning them, which they may exercise by contacting us via our « Contact" » page.
In accordance with Article 68 of the French Law for a Digital Republic (loi pour une République numérique), messages and content exchanged between « Users » and « Advertisers » via the messaging system of the « Federe Site » website constitute private correspondence and are confidential.
In accordance with Article L34-5 of the French Postal and Electronic Communications Code (Code des Postes et Télécommunications), commercial and/or promotional offers will only be sent after obtaining the express consent of the persons concerned, which consent may be obtained upon receipt of a message from "Federe Site" offering them access to the offers of these third-party companies.
In accordance with Law no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004, « Federe Site » undertakes to retain all personal data collected via the « Federe Site Service » and not to transmit it to any third party.
In accordance with Articles 38, 39 and 40 of Law no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004, every natural person has, at all times, a right of access, rectification, deletion and objection with respect to the processing of data concerning them.
When using the services of « Federe Site », « Users » and « Advertisers » agree that « Federe Site » may collect certain of their personal information.
This article sets out what information we collect, for what purposes and how we process it.
8.1 What types of data do we collect?
We collect data, as a matter of course, in the following situations:
« Users » and «Advertisers » are required to provide us with certain information when they create their « Personal Account » or, where applicable, when they post a listing or, further, when they browse the « Federe Site » website.
Thus, when they create their « Personal Account », they must provide us with:
Then, when they post a listing, they must provide us with:
Finally, in connection with their use of the messaging system of the "Federe Site" website, they provide us with their private messages and content exchanged.
We automatically collect, in connection with the use of our services by « Users » and «Advertisers » , the following other data:
We collect the following information relating to the services that « Users » and «Advertisers » use and to your use thereof:
8.2 What do we use the data we collect for?
Providing our services to « Users » and «Advertisers » by ensuring their access to and use of our services, and in particular:
Conducting marketing analyses:
We use the data collected in order to:
Personalizing our advertising and commercial communications:
We use the data collected in order to:
8.3 Who are the recipients of the personal data collected?
As indicated above, Article 68 of the French Law for a Digital Republic provides that messages and content exchanged between « Users » and « Advertisers » via the messaging system of the « Federe Site » website constitute private correspondence and are confidential.
However, by way of exception, « Advertisers » and « Users » are informed that « Federe Site » may be required to disclose the personal data collected via the « Federe Site Service »:
8.4 How can « Advertisers » and « Users » manage or delete the personal data collected about them?
Access to their personal data from their account:
They may, at any time, modify their personal data from their « Personal Account », except for their email address. To do so, they simply need to go to their « Personal Account » and click on the "My lists" tab, then "My data", then "Edit my data".
Exercising their rights with our company:
As indicated above, Articles 38, 39 and 40 of Law no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004 provide that every natural person has, at all times, a right of access, rectification, deletion and objection with respect to the processing of data concerning them.
« Users » and « Advertisers » may exercise this right by contacting « Federe Site » via the « Contact » section of the « Federe Site » website.
This right may be broken down as follows:
This is the ability to object to the « User »'s and the « Advertiser »'s data being collected, recorded, disseminated, disclosed or retained in:
- our customer database: this request is free of charge
- outside our customer database: this request must be made for a legitimate reason, but is also free of charge
« Users » and « Advertisers » may, in this case, be required to pay reproduction costs.
This refers to « Users » and « Advertisers » having the ability to request that their personal data that is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, disclosure or retention is prohibited, be rectified, completed, updated, locked or erased.
This right follows on from the exercise of the right of access by a « User » and its exercise is free of charge.
Retention period for personal data held by "Federe Site":
The retention period for the personal data of « Users » and « Advertisers » varies depending on the purpose of its collection:
- customer data (identity, electronic contact details, service usage history) is retained for a period of five years from the end of the business relationship;
- data relating to the management of their « Personal Account » is retained for a period of five years from its deletion, exclusively for evidentiary purposes;
- accounting documents and records are retained for a period of 10 years, as accounting evidence;
- data relating to transactions carried out and payment methods used is retained for a period of five years from the date of issue of the invoice or of payment;
- data that may be subject to a judicial requisition (connection data, identity, contact details) is retained for a period of 24 months from its collection.
8.5 How do we ensure data security?
We protect all of the information we hold using physical, electronic and administrative security measures. Our protective measures include, in particular, firewalls, physical access controls to our data centers and controls on authorization to access information.
8.6 Data controller – Declaration – Contact?
« Federe Site », a company in the process of being registered, whose address is 03 place Carnot 69002 LYON, represented by Mr Gilles ENTERIC, in his capacity as Chief Executive Officer (Directeur Général), is the controller responsible for the processing of data it collects on the « Federe Site Service ».
In accordance with Law no. 78-17 of 6 January 1978, known as the "Data Protection Act" (Informatique et libertés), as amended by Law no. 2004-801 of 6 August 2004, « Federe Site » has made the following declarations to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés, C.N.I.L.):
We invite you to contact us with any question or request relating to your personal data and the protection of your privacy, via the « Contact » link present on the « Federe Site » website.
Cookies :
« Federe Site » wishes to inform you in a clear and transparent manner about the use of cookies during your browsing of the « Federe Site » website and any « Applications » thereof.
« Federe Site » does not use any cookies until further notice.
9) LEGALITY OF ONLINE AUCTION SALES SITES :
Auction sales are regulated by the French authorities; however, with the advent of the internet, a new type of auction sale has appeared: the online auction sale, but are online auction sale sites legal?
Internet law develops as court decisions accumulate. The same is true with respect to the law applicable to the legality of online public auction sale websites.
The legality of online auction sale sites presupposes that a third party proposes, acting as agent for the owner or as an intermediary, an item for public auction remotely by electronic means, in order to award it to the highest bidder.
The legal question decided by the courts is therefore to determine the legal status of the auction website: agent of the seller or intermediary?
Under the name “internet auction sales” there may be several different realities. Public auction sales are strictly regulated in France, and those that exist on the internet bear little resemblance to them without adopting their constraints. Indeed, any private individual can take part in online auctions, whether as buyer or seller, and this without any control on many sites.
What, then, of the legality of auction sale sites?
The seller posts a listing describing what they wish to sell, together with the starting price.
The buyer registers on the auction site with a username and a password. The seller indicates how the auction is to take place: fixed price or not, reserve price or not, classic blind auction or automatic bidding.
Until a law was passed on 10 July 2000, the auction sale of movable property was subject to specific regulation. Only wholesale auction sales (made by lot) are free when they concern foodstuffs and raw materials listed by the law of 28 May 1858 (wool, cereals, coffee, etc.), excluding manufactured products: such sales are carried out on a commodities exchange through the agency of a sworn broker. They hold a complete monopoly over wholesale sales, the list of which was established in 1858.
This list includes, among others: livestock and other live animals, wine, alcohol and spirits, boats and vessels, ships, fishing nets, furniture, building materials, fine pearls, tree seedlings, trees.
Other goods may only be sold at auction with the authorization of the commercial court (articles 2 and 5 of the law of 25 June 1841 as amended on 21 September 1943, or the law of 3 June 1861 concerning wholesale sales). With regard to sales of movable property, in order to protect retail traders, the law of 25 June 1841 provides that only second-hand goods may be sold at retail auction. In addition, the law imposes certain formalities to protect the non-professional buyer.
The law of 10 July 2000 regulates auction sales and repealed certain articles of the 1841 law.
Auction brokerage operations carried out by electronic means (such as aucland, ibazar, etc.), which are characterized by the absence of a third party in the completion of the sale, do not constitute public auctions and are not subject to this law, except with regard to the distance sale of cultural goods, such goods being defined by the Customs Code and by European law.
On the other hand, the act of proposing, while acting as agent for the owner of the goods, a public auction by electronic means in order to award it constitutes a public auction sale, subject to the provisions of the law of 10 July which imposes a number of formalities. In particular, in order to conduct public auction sales, it will be necessary to have formed a company that must be approved by a commission composed, in particular, of former auctioneers (commissaires-priseurs).
Moreover, the new law did not repeal paragraph 1 of article 1 of the 1841 law. Consequently, it is impossible to make public auction sales a habitual method of sale.
As a result, auction sale sites will need to pay extremely close attention to the way in which the sale is organized: whether or not an agent is involved, whether or not there is an award at the end of the sale and transfer of ownership by the site, whether or not cultural goods are involved, if they wish to avoid falling within the scope of this law. Implementing decrees for the law will need to be published to learn more.
What about auction sale sites located abroad? Must they comply with French law?
I. Content of the site: French case law
With regard to online auctions hosted abroad but accessible in France, an order was soon to be issued, probably in the following November.
This concerns the UEJF/Yahoo Inc. case. On the website of the company Yahoo.com, accessible to all internet users in France, there appeared an "Auctions" page offering for sale a thousand Nazi objects. The UEJF (Union of Jewish Students) argued that this display of items offered for sale constituted not only a breach of the provisions of article R. 645-1 of the Criminal Code (incitement to racial hatred).
The judge ordered, on 22 May 2000:
that Yahoo! Inc take all measures of such a nature as to deter and render impossible any consultation on Yahoo.com of the auction service for Nazi objects and of any other site or service constituting an apology for Nazism or a denial of Nazi crimes; that Yahoo France warn any internet user consulting Yahoo.fr, even before they make use of the link enabling them to continue their search on Yahoo.com, that if the result of their search, whether from a directory tree or from keywords, leads them to sites, pages or forums whose title and/or content constitutes a breach of French law – as is the case with sites glorifying Nazism and/or displaying uniforms, insignia, or emblems reminiscent of those worn or displayed by the Nazis, or offering for sale items and works whose sale is strictly prohibited in France – they must interrupt consultation of the site concerned, failing which they would incur the sanctions provided for by French legislation or have to answer for legal proceedings brought against them. A second order was issued on 11 August 2000, reiterating the injunction issued against Yahoo Inc. in the order of 22 May 2000, but coupling it with a penalty of 200,000 francs per day of delay from the date of service, given the persistence of the disturbance.
A panel of experts was then formed to study appropriate filtering methods, and was to submit its report the following November.
Conclusion:
Whether the site is based in France or not, whether it is deemed to operate under a foreign law, or whether the auctions are deemed to take place in another country, does not, according to this case law, appear to be an obstacle to the intervention of the French judge applying French law.
In French culture, it is understandable that auctions involving Nazi items would be shocking.
But the injunction issued against Yahoo may come as a surprise: the American site, although intended for worldwide distribution, has its liability engaged with regard to items offered at auction, and is ordered to comply with French legislation. Yet do French sites themselves comply with all legislation?
II. Application of the law of 11 July 2000 to a site located abroad
The law of 11 July 2000 is intended to apply to public auction sales, as well as to auction brokerage operations involving cultural goods.
Accordingly, it might be sufficient to open a site and locate it abroad in order to circumvent French law. Indeed, the award (adjudication) is one of the conditions of a public auction sale.
However, the law does not address the location of the "fall of the hammer" when it comes to a remote sale by electronic means.
Yet it is on this location that the applicable law to the sale seems to depend.
If the establishment of the service provider is intended to serve as the connecting factor, the interest may lie in escaping the taxation of certain countries such as France.
A) In the event of problems (non-delivery, non-payment, goods not matching the description, etc.) with an item purchased on an auction sale site, are there any remedies?
In most cases, these sites are not subject to legislation on public auction sales of movable property (cf. the law of 10 July 2000). Indeed, they are treated as intermediaries facilitating contact between private individuals wishing to sell or buy goods. Thus, any dispute between the offering party and the purchaser must be settled between them.
Nevertheless, close attention must be paid to the general terms and conditions of the various sites. Finally, refusal to sell does not exist between private individuals, a sales contract being formed when offer and acceptance meet. Everything depends on the site's general terms of use and sale. Generally, these disclaim all liability and advise turning to the seller instead. The future will tell whether this type of clause will be considered valid by a court.
In fact, with regard to a sales contract concluded remotely between two persons who are not professionals, the main problem lies in proving the parties' commitment. Under French law, it is up to whoever claims performance of an obligation to prove its existence.
In the absence of written confirmation from the contracting parties, it seems risky to rely on electronic exchanges, at least not before the adoption of the implementing decrees of law no. 2000-230 of 13 March 2000 on electronic signatures. Finally, if the contract is concluded with a minor lacking legal capacity, it may be challenged. It remains to be seen whether it is worth the effort.
B) Are the sites liable for what happens on them (scams, illegal goods, etc.)? For the time being, none has been held liable, and their general terms of sale and use attempt to exempt them from all such problems.
Courts could potentially consider that they bear liability on the same basis as that of website hosts, whose liability has been engaged by the courts in cases involving the hosting of web pages harmful to others (child pornography, image rights: cf. the Estelle Halliday case, the Lacoste case of 8/12/99, Nanterre Regional Court). This type of site is too recent for there to be any court cases at present.
For example: an auction sale site states that it exercises no control and assumes no liability regarding the quality, safety or legality of the goods or services put up for auction between private individuals, the truthfulness or accuracy of their description in the listings posted online, the ability of Sellers to sell such goods or services, or the ability of Members to pay for such goods or services.
If a seller (who has not set a reserve price) is not satisfied with the final auction amount, are they nevertheless required to sell the item? Or is there nothing legally obligating them to do so?
In the absence of specific legislation or case law, it is the site's general terms and conditions that apply. When you set a sale price, depending on the site, you may or may not be obligated to sell.
C) What risk does a company run in creating an auction sale site? The regime governing online auction sales has just been defined by a law of 10 July 2000.
On 3 May 2000, the Paris Regional Court (tribunal de grande instance) prohibited the companies Nart SAS and Nart Inc from organizing online auction sale operations carried out in France, in disregard of the monopoly of auctioneers (commissaires-priseurs), which is set to disappear under the terms provided for by the law of 10 July 2000.
They found that online sales present all the characteristics of public auction sales. The n@rt.com site used the services of auctioneers for part of the sales offered.
Attention must also be paid to what is put up for auction. Thus, the Paris Regional Court ordered, on 22 May 2000, the American company Yahoo Inc, sued by 2 French associations (UEJF) over the practice of Nazi-related auctions, to make consultation of this service on their site impossible from France. An expert assessment is currently underway regarding the technical implementation of this prohibition.
Contact our law firm if you have any doubts, we are at your disposal: Telephone: 01 43 37 75 63
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