ARTICLE 1 – DISCLAIMER
1.1. – Publisher
You are currently connected to the website www.stokkly.com published by stokkly, SAS, with a share capital of € 238760 , RCS Aix-en-Provence 499 812 170, registered office: 2873 route de Galice, Les Académies Aixoises, 13090 AIX-EN-PROVENCE, France, phone: +33484490118, email: firstname.lastname@example.org, Intra-community VAT No.: FR 46 499812170, publishing director and editor in chief: François-Xavier MORRE.
1.2. – Web hosting service
The Website is hosted by Pentalog France, 1 rue des Hauts – 45380 LA CHAPELLE SAINT MESMIN 02 38 25 30 30.
ARTICLE 2 – DEFINITIONS
“Buyer”: any person or entity, governed by private or public law, registered on the Site to purchase Products.
“Internet User”: any person or entity governed by private or public law, logging on to the Site.
“Member“: Buyer or Seller.
“Offer “: web pages and any associated digital file published by a Seller on the Site to propose a Product for sale.
“Product “: good sold on the Site by a Seller through an Offer.
“Service “: service offered by Stokkly.com on the Site linking Buyers to Sellers.
“Site “: website accessible at the URL www.Stokkly.com as well as sub-sites, mirror sites, portals and related URL changes.
“Stokkly.com”: Stokkly SAS, in its capacity as editor of the Site.
“Seller”: any person or entity governed by private or public law, registered on the Site to sell Products.
ARTICLE 3 – SCOPE OF APPLICATION
Access to the Site is free of charge to any Internet user. Browsing on the site entails acceptance by all Internet user of these terms and conditions. Simple logging into the Site means full and unconditional acceptance of these terms and conditions.
The Internet user recognizes the evidential value of Stokkly.com’s automatic registration system and, except he provides contrary evidence, he renounces from contesting it in case of a dispute.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, including those of the Internet user.
The acceptance of these terms and conditions entails that the Internet users enjoy the legal capacity to do so, or if this is not the case, they should have the permission from a guardian or trustee, if they are unable to, their legal representative if they are minors, or they hold a procuration if they are acting on behalf of a corporation.
ARTICLE 4 – PURPOSE OF THE SITE
The Site is intended to provide Members with an online marketplace that allows Sellers to sell Products and for Buyers to buy them.
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
Obligations of Stokkly.com
Stokkly.com agrees to host and maintain the site.
Obligations of the seller
Sale of Products
Publishing an Offer on the Site
The Seller can publish an Offer on the Site.
Sellers shall provide all the features of the Product in the Offer.
Offers must be written in a correct and understandable language. They must comply with the legal provisions in force and must be free of any discriminatory criteria concerning the quality of the prospective contractual party.
Offers will be able to upload pictures of the Product being put on sale. During the publication of the Offer, the Seller shall, via his personal space, have the right to modify the Offer. These changes will be possible throughout the publication of the Offer.
It is expressly brought to the attention of Members that Stokkly.com does not guarantee the accuracy of data contained in the Offers. It is up to every Internet user interested in the ad to ensure the accuracy of all data prior to any actual transaction. Similarly, Stokkly.com does not in any way guarantee Sellers the actual sale of Products found in the Offer.
Establishment of private sales
The Seller can put a Product on sale in the form of a private sale. In this case, the publication of the private sale Offer is subject to the same rules as those set for the publication of an Offer in Article 126.96.36.199.
The Seller determines the criteria for Buyers to access the private sale. The Seller alone will then determine which Buyers, or categories of Buyers, may or may not participate in the private sale.
Content of Offers
The Member agrees only to use the Site for his own needs and exclusively for the purposes specified in this contract.
The Member undertakes in particular not to publish Offers or put private sales that can:
jeopardize or have comments that are inconsistent with public order or good morality;
jeopardize in any way whatsoever the rights to reputation, privacy, or the image of a third party;
be denigrating, defamatory, jeopardizing the image, reputation of a brand or any person or entity in any manner whatsoever;
have comments and / or disseminate pedophile-oriented content;
undermine the security or integrity of a state or territory whatsoever;
allow third parties to obtain pirated software, software serial numbers or any software that may harm or affect in any manner whatsoever, the rights or property of third parties;
infringe on the intellectual property rights of any person whatsoever;
incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, promote war crimes or crimes against humanity;
incitement to commit an offense, a crime or an act of terrorism;
incite discrimination against a person or group of persons because he/she belongs to an ethnic group or race or because of their sexual orientation, gender, gender identity or disability;
recommend a questionable or fraudulent practice;
register a hypertext link or advertise or promote a company, a brand, a website, a blog or a forum.
Any illegal or general unauthorized use of the Site will result in the immediate deletion of the member’s account, not cancelling out the possibility of Stokkly.com to take legal action, including demand for damages.
Execution of the sales contract for the Buyer
Delivery of Products to Buyers
The Seller agrees to deliver the Product to the Buyer within a period consistent with the time limit specified in its GCS, which will be accepted by the Buyer when ordering.
Handling returns and Product guarantes
The Seller agrees to respect vis-a-vis the Buyer the legal guarantee of deliveries free from defects (Article 1604 of the Civil Code), the legal guarantee against hidden defects (Article 1604 et seq. Of the Civil Code) and security guarantee (Article 1386 -1 ff. of the Civil Code) to all buyers.
The Seller further undertakes to respect the legal guarantee of conformity vis-à-vis consumer Buyers (Article L. 211-1 et seq. Consumer Code).
The Seller is solely responsible for authorizations and declarations relating to the storage and sale of Products.
The Customer declares that he has the necessary rights and permissions for this purpose. Where applicable, the Seller declares to have met the conditions previously required, such as authorization requests and administrative messages.
The absence of such declarations and authorizations shall in no way affect the validity of this contract.
The Seller guarantees Stokkly.com against any action would be initiated against it in the absence of such declarations and authorizations.
Obligations of the Buyer
The Buyer agrees to execute the sales contract signed with the Seller in good faith.
ARTICLE 6 – STEPS FOR ORDERING A PRODUCT BY THE BUYER
To place an order, Buyers with access to a private sale organized by a Seller may select one or more products and add them to their shopping cart. The availability of Products is indicated on the Site, and on the Offer. When their order is complete, they can access their shopping cart by clicking the button provided for this purpose.
Validation of the order by the Buyer
By consulting their cart, the Buyers shall have the right to check the number and the nature of Products they have chosen and can check their unit price and their total price. They will have the option of removing one or more Products from their cart.
If they are okay with their order, the Buyers can validate it.
Payment by the Buyer
Buyers will be invited to check or change their delivery and billing details, and then will be invited to make payment using a means of payment offered by Stokkly.com. In the case of payment by credit card, Buyers are redirected to the secure payment interface MangoPay.
Confirmation of the order by Stokkly.com
Stokkly.com agrees to send the Member an email summarizing the order within a maximum of 24 hours, and confirming its processing, with all related information.
ARTICLE 7 – PRICE – PAYMENT
The applicable prices are those displayed on the Offer as of the date of ordering. These prices can be changed at any time by the Seller. The prices displayed are only valid on the date of the order and do not count for the future.
Prices shown on the Offers are in Euros, excluding taxes, and excluding shipping costs. VAT will be indicated to the Buyer during the order.
The Buyer may pay by using a payment method provided by Stokkly.com and authorized by the Seller. Payment method provided by Stokkly.com are bank transfer, cheque, bill of exchange (LCR) or by credit card via secure transactions provided by Leetchi Corp. SA via the Mango Pay solution.
Concerning credit card payments, Stokkly.com does not have access to any data on the Buyer’s method of payment. Payment is made directly at the bank.
The Buyer acknowledges having read, understood and accepted them without restriction.
Billing the Buyer
The Seller shall send or make available to the Buyer an electronic invoice after each payment. The Buyer expressly agrees to receive invoices electronically. Stokkly.com is not involved in the billing process.
What generates the commission
The Seller owes Stokkly.com a commission once the order of the Product is validated by the Buyer as specified in Article 6.2 of these general terms and conditions.
In case of withdrawal or cancellation of the order of the Product by the Buyer or Seller, the amount of the commission will be reduced by 50% if the Seller can provide written evidence.
Amount of commission
The rate of the commission payable by the Seller to Stokkly.com is indicated in the Seller’s Stokkly.com account as well as on each order summary. The basis of the Stokkly.com commission is equal to the price tax exclusive of the Product as at the day of ordering by the Buyer, plus the amount of the delivery charges tax exclusive, and any other service the Seller might have sold to the Buyer via Stokkly.com.
Billing – Mode of repayment
In the event that the Buyer has not used a credit card to pay the Seller Stokkly.com shall send an electronic invoice to the Seller on the 1st, 10th and 20th of each month summarizing the commissions the Seller owes Stokkly.com. The deadline for paying this bill is indicated in the Seller’s Stokky.com account
In the event the Buyer used a credit card to pay the Seller, the commission due will be deducted from the funds collected by Mango Pay on behalf of the Buyer and Stokkly.com
Failure to pay
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the case of litigation.
Any amount not paid when due will result, ipso jure and without notice, in the application of penalties for late payment calculated on the basis of a rate equal to 3 times the legal interest rate, without interfering with the penalty payment due in principal.
In addition, any delay in payment will result in billing the defaulting Member with a recovery cost of 40 Euros, the immediate payment of all sums due within the agreed time, plus a 20% indemnity of the amount as per the penalty clause, as well as the possibility to terminate the contract unilaterally irrespective of the damage to the Member.
ARTICLE 8 – COMPLAINTS – WITHDRAWAL – GUARANTEE
Customer service is available from Mondays to Fridays, 9am to 5pm via the following non-premium phone number: 33484490116, by e-mail to: email@example.com or by post to the address specified in Article 1 of these terms. Stokkly.com undertakes to provide an answer by phone or e-mail only within 2 working days.
Right of withdrawal – Distance selling
With the sales contract being concluded between the Buyer and the Seller, the right of withdrawal eventually related to the sales contract must be exercised directly by the Seller.
With the sales contract concluded between the Buyer and the Seller, the latter is only bound by the guarantees of the sale to the Buyer.
With the sales contract being concluded between the Buyer and the Seller, any return must be made directly by the Buyer to the Seller.
ARTICLE 9 – PERSONAL AREA
Creation of personal area
The creation of a personal area is a prerequisite to any order from a Buyer on the Site and any publication of an Offer by a Seller on the Site. To this end, the Member will be asked to provide certain personal information. Some of this information is deemed essential to the creation of the personal area. The refusal by an internet user to provide such information would prevent the creation of the personal area as well as, incidentally, the validation of the order and/or publication of the Offer.
During the creation of the personal area, the internet user is prompted to choose a password. This password is the guarantee of confidentiality of information contained in personal area. The user should therefore refrain from sending it or disclosing it to a third party. Otherwise, Stokkly.com cannot be held responsible for unauthorized access to the personal area of a user.
The Member agrees to regularly check his personal information, and go online to his personal area to carry out necessary updates and changes.
Content of the personal area
The personal area allows the Buyer to check and monitor all orders placed on the Website and the Seller to publish, remove and / or modify his Offers and private sales.
Pages on personal areas are freely printable by the account holder in question, but do not constitute admissible evidence in court. They are only for information purposes and are intended to ensure effective management of orders by the Member.
Stokkly.com is committed to keep secure all contractual elements whose storage is required by the law or the regulations in force.
Deletion of personal area
Stokkly.com reserves the right to delete the account of any Member who violates these terms and conditions, particularly when the Member provides inaccurate, incomplete, misleading or fraudulent information, and when the personal area of a Member remains inactive for at least one year. The said deletion would not likely be attributed as the fault of Stokkly.com or damage to the excluded member who cannot claim any compensation as a result.
This exclusion is without prejudice to the possibility for Stokkly.com, to initiate judicial proceedings against the Member, when the facts would have justified it.
ARTICLE 10 – STOKKLY.COM’S NEWSLETTER
By using Stokkly.com, Internet users accept that Stokkly.com can send them regularly and in a format they will choose, a newsletter which may include information relating to its business.
Registered users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
ARTICLE 11 – PARTNERS’ NEWSLETTERS
The Member that has accepted the disclosing of personal data (including electronic mail address) to any third party site partners may need to receive newsletters published by these partners, commercial or not, at the frequency and in the manner determined by the said partners.
The Member at any time has the right to unsubscribe by clicking on the link provided for this purpose, available on each newsletter published by the said partners. Otherwise, the Member has the option of unsubscribing by directly contacting the publishers of the said newsletters.
Stokkly.com shall in no event be liable for any content, data or forms of the newsletters sent by the said partners, regardless of the harm the Member would have suffered. A claim must directly be made to the publishing partner of the newsletter.
ARTICLE 12 – DATA PROTECTION
CNIL declaration – Processing Manager
The Stokkly.com file containing the personal data of Internet users was declared to the CNIL registered under no. 1293264.
Optional nature of providing data
Internet users have the option of providing free personal information about them. The provision of personal information is not required for browsing on the Site.
Mandatory provision of data for registration
However, registration on this site involves the collection by Stokkly.com of a number of personal information about Internet users. Internet users who do not wish to provide the information necessary for registration will not be able to place an order on this Site.
Respecting the purpose for the collection of personal data
Personal data collected shall be processed by the computer and is exclusively reserved for Stokkly.com. Data collected is necessary for the proper administration of the Site, as well as for Stokkly.com to comply with its contractual obligations. This data is stored by Stokkly.com in this unique quality. Stokkly.com agrees not to use it in another context or to send it to third parties, without the express consent of Internet users or as provided by law. Personal data collected shall not be transferred abroad.
Right of access, rectification and opposition
The information of all Internet users registered on this Site is saved for a period of 1 year, a reasonable period necessary for the proper administration of the Site and normal use of data. This data is kept under secure conditions, according to current techniques, in accordance with the provisions of the Data Protection Act of 6th January 1978.
According to the latter, Internet users have the right to oppose, query, access and rectify the data they provided. To do this, they just need to make the request to Stokkly.com, through the following e-mail address: firstname.lastname@example.org, or by postal mail to the address of Stokkly.com’s head office mentioned in article 1 of these terms and conditions.
ARTICLE 13 – COOKIES AND INTERNET USERS” IP ADDRESSES
Purpose of installation of cookies
To allow all internet users optimal browsing on this Site as well as a better functioning of the different interfaces and applications, Stokkly.com may install a cookie on the internet user’s computer.
Purpose of cookies
Cookies are used to store information relating to browsing on the Site (date, page, hours), as well as any data entered by users during their visit (searches, login, email, password). These cookies are meant to be kept on the work station of the Internet user for a variable period of up to one year and can be read and used by Stokkly.com during a subsequent visit of the Internet user on this Site.
Right of objection of the Internet user to the installation of the cookies
The Internet user can block, modify the retention period, or delete these cookies via its browser interface (usually: tools or options / privacy or confidentiality). In such a case, browsing on this website will not be optimized. If systematic disabling of the cookies on the browser of Internet users prevent them from using certain services, this malfunction can not in any way constitute a damage to the Internet user who cannot claim any compensation as a result.
Deleting installed cookies
Internet users can also delete cookies installed on their computers, by going to their browser menu intended for this purpose (usually tools or options / privacy or confidentiality). Such action makes the Internet users lose the benefits provided by cookies.
Definition and collection of IP addresses
The IP address is a series of numbers separated by dots enabling the unique identification of a computer on the Internet network. Stokkly.com reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be done anonymously. The IP address of Internet users will be retained for the period required by law.
Communication of IP addresses
Stokkly.com must not disclose any personal data relating to an Internet user to the Police by judicial requisition or to any person by court order. The IP address can be linked with the actual identity of the user if this information is disclosed by an internet service provider.
ARTICLE 14 – LIABILITY OF STOKKLY.COM
Nature of the obligations of Stokkly.com
Provision of an online platform
Stokkly.com acts within the framework of these terms and conditions as a completely neutral technical service provider providing an electronic platform online. Stokkly.com is bound by an obligation to provide an electronic platform online.
Stokkly.com plays no active role which allows it to have knowledge or control over the ads published on the Site. Stokkly.com provides no assistance to the Seller consisting of optimizing the presentation of offers or promoting them. It is the Seller’s responsibility to post and make his Offers himself as well as fulfil his obligation to the Buyer.
Stokkly.com is not bound by the obligations of the Seller to the Buyer.
Stokkly.com hosts the offers, within the meaning of article 6-I-2 of the Law on Confidence in the Digital Economy of 21 June 2004. Pursuant to paragraph 3 of the same article, Stokkly.com’s civil or criminal liability shall not be incurred because of Offers, unless that it acted promptly to remove this information or make it inaccessible, as soon as it became aware of the activity or illegal information.
Published data hosted may be moderated a posteriori, without this moderation constituting a fault of Stokkly.com or prejudice to the Member. In order to implement this moderation, any Internet user is requested to contact Stokkly.com to report any abusive content, contrary to public order, good morality, or any other legislative or regulatory provisions in force.
Force majeure – Member’s Fault
Stokkly.com will not be held responsible in the event of force majeure or Member’s fault, as defined in this section:
Within the meaning of these terms and conditions, the following shall be deemed a case of force majeure binding upon the Member: any impediment, limitation or disruption of Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the service provider, failure of transmission networks, collapse of facilities, illicit or fraudulent passwords, codes or references provided by the Member, computer hacking, a security failure attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Stokkly.com. In such circumstances, Stokkly.com shall be relieved of performing their obligations within the limits of this impediment, limitation or inconvenience.
Within the meaning of these Terms and Conditions, the following shall be considered as a Member’s fault binding on him; any misuse of the Service, fault, negligence, omission or failure on his part or that of his employees, non-respect of advice given by Stokkly. com on the Site, any unauthorized disclosure or use of password, codes and references of the Member, and the provision of wrong information or failure to update such information in his personal area. Will also be considered a Member’s fault; the implementation of any technical process, such as robots or automated queries whose implementation would violate the letter or spirit of these Terms and Conditions.
Technical problems – Hypertext links
If you are unable to access the Site due to technical problems of any nature, the Member cannot avail himself of injury and may not claim any compensation. The unavailability, even extended without any limitation period, of one or more services online, cannot constitute a prejudice to the Members and may not give rise to the payment of damages by Stokkly.com.
The hypertext links on the Site may refer to other internet sites. Stokkly.com cannot be held liable if the content of these sites contravenes legislation. Similarly, Stokkly.com cannot be held liable if the Internet user’s visit to one of these sites causes him harm.
Damages payable by Stokkly.com
In the absence of contrary legal or regulatory provisions, the responsibility for Stokkly.com is limited to direct, personal and definite injury suffered by the Member and associated with the fault involved. Stokkly.com shall in no case be held liable for indirect damages such as, loss of data, commercial loss, loss of orders, damage to brand image, business problems and loss of profits or Members. Similarly, and within the same limits, the amount of damages to be borne by Stokkly.com will in any case not exceed the price of the Product ordered, within the limit of € 1,000.
Liability as host
Members are responsible for data, including comments on the Site posted by them.
In this context, Stokkly.com will benefit from the status of a data host within the meaning of article 6-I-2 of the Law on Confidence in the Digital Economy of 21 June 2004. Pursuant to paragraph 3 of the same article, Stokkly.com’s civil or criminal liability cannot be incurred on account of these comments, unless that at the the moment, they did not act promptly to remove this information or render it inaccessible once they were aware of this activity or illicit information.
ARTICLE 15 – INTELLECTUAL PROPERTY
The contents of the Site (texts, images, diagrams, structure, database, software etc.), owned by Stokkly.com, are protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without the consent of Stokkly.com or its successors or assigns is a violation of Books I and III of the Code of intellectual property and will likely give rise to prosecution for infringement. The published contents of the Site are indicative, without guarantee of accuracy. Stokkly.com cannot be held responsible for the omission, misstatement of fact or any error contained in this information and which would be responsible for direct or indirect damage caused to the Internet user.
The terms and conditions of the Site, prepared by the firm Deshoulières Avocats (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction in whole or in part, made without the consent of Deshoulières Avocats will likely result in prosecution for parasitism.
ARTICLE 16 – GENERAL PROVISIONS
These terms and conditions are subject to the application of French law.
Amendment of these terms and conditions
These terms and conditions may be amended by Stokkly.com at any time. The General conditions applicable to the Member shall be those in force on the date of his order or his log in to this Site, and any new connection to the personal area implies acceptance of any new terms and conditions.
Amicable settlement of disputes
Unless public policy provisions state otherwise, all disputes which may arise in connection with the execution of these general terms and conditions should before any legal action is taken, be tabled before Stokkly.com for an amicable settlement.
The invalidity of any clause of this contract shall not invalidate the remaining clauses of the contract or the contract as a whole, which shall retain its full force and scope. In such a case, the parties shall, as far as possible, replace the null and void provision with a valid provision corresponding to the spirit and purpose of these terms.
Lack of exercise by Stokkly.com of rights herein acknowledged shall in no case be construed as a waiver of those rights.
Languages of these terms and conditions
These general terms and conditions shall be drafted in French and English. In the event of any contradiction with versions in another language, only the French version will have legal validity
The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Code of consumption on unfair terms in contracts concluded between a professional and a consumer.