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General Conditions of Use


D BY DELPHINE

GENERAL TERMS AND CONDITIONS OF USE

These General Conditions of Use govern the relations between Users and D BY DELPHINE for the use of the Site

They are supplemented by the Legal Notices ( https://www.maisoneloe.com/mentions-legales ), the General Conditions “Sellers”, which specifically govern the relations between the Sellers and D BY DELPHINE for the sale of Products through the Site, the General Conditions “Buyers” ( https://www.maisoneloe.com/conditions-generales-acheteurs/ ), which govern the relations between Buyers and Sellers for the sale of Products through the Site, and the Confidentiality Policy ( https://www.maisoneloe.com/politique-de-confidentialite ).

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BETWEEN :

The User (as defined in Article 1 hereof),

On the one hand,

AND

The company D BY DELPHINE , a simplified joint-stock company with a single shareholder and share capital of 2,000 euros, registered with the Paris Trade and Companies Register under number 897 740 890, and whose registered office is located at 42 avenue Paul Doumer – 75116 Paris, represented by Mrs. Delphine LABOUYRIE as President, duly authorized for the purposes hereof.

Hereinafter referred to as “D BY DELPHINE”

On the other hand,

The User and D BY DELPHINE are hereinafter referred to individually as the “ Party ” or collectively as the “ Parties ”.

These General Conditions of Use are hereinafter referred to as “ the T&Cs ”.

IT HAS PREVIOUSLY BEEN EXPOSED THAT :

D BY DELPHINE operates the website www.maisoneloe.com , an online platform that connects Buyers and Sellers to enable Buyers to acquire second-hand, signed jewelry items from Sellers, who are professionals.

In this context, the Parties agree to enter into these T&Cs to determine their rights and obligations in the context of the use of the Site by Users.

THIS BEING STATED, IT HAS BEEN AGREED AS FOLLOWS :

ARTICLE 1 – DEFINITIONS

 

The Parties agree and accept that the following terms used with a capital letter, in the singular and/or plural, have, within the framework of the T&Cs, the meaning given to them below:

“ Buyer ” means any User who purchases one or more Product(s) on the Site.

“ Content ” means the elements (including video, photographic, documents, messages, comments, images, etc. ) put online by any User on the Site.

“ Product ” means any product offered for sale by a Seller through the Site, namely exclusively second-hand signed jewelry items.

“ Services ” means the services provided by D BY DELPHINE on the Site, which consist of putting Sellers in contact with Buyers with a view to the sale of Products by the Sellers to the Buyers.

“ Site ” means the website www.maisoneloe.com , an online platform operated by D BY DELPHINE enabling Sellers and Buyers to connect with each other with a view to the sale of Products by Sellers to Buyers.

“ Seller ” means any natural or legal person, having the status of a professional, who offers for sale one or more Product(s) via the Site as part of his or her professional activity. Any person who does not have the status of a professional may not sell Products via the Site.

“ User ” means any Internet user browsing the Site.

ARTICLE 2 – PURPOSE

 

The purpose of these T&Cs is to define and regulate the terms and conditions of use of the Site by Users.

 

ARTICLE 3 – LEGAL NOTICES

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The Site is published by:

D BY DELPHINE

Simplified joint-stock company with a single shareholder and share capital of 2,000 euros, registered with the Paris Trade and Companies Register under number 897 740 890, represented by Mrs. Delphine LABOUYRIE as President, duly authorized for the purposes hereof.

Head office: 42 avenue Paul Doumer – 75116 Paris

Email address: bonjour@maisoneloe.com

Telephone number: +33 (0)6 60 53 16 23

Individual tax identification number: FR 28 897 740 890

The Director of Publication of the Site is Mrs. Delphine LABOUYRIE.

The Site is hosted by OVH

Address: 2 rue Kellermann - 59100 Roubaix - France

Telephone number: +33 9 72 10 10 07

ARTICLE 4 – CONTACT

 

For any questions, complaints or requests for information concerning the Site, or any reporting of illegal content or activities, the User may contact D BY DELPHINE by sending an email to bonjour@maisoneloe.com (or by clicking on the contact form available on the Site) or at the address indicated at the top of these T&Cs.

ARTICLE 5 – ACCEPTANCE OF THE T&Cs

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Access to and use of the Site are subject to acceptance and compliance with the T&Cs. This acceptance and compliance are deemed to be given by the User upon opening the Site. By accessing the Site, as well as all its Services, Users unreservedly accept these General Terms of Use in their latest version and comply with them.

The T&Cs apply, as needed, to any variation or extension of the Site on existing or future social and/or community networks.

D BY DELPHINE reserves the right to modify, at any time and without notice, the Site, the Services, as well as the T&Cs, in particular to adapt to developments in the Site by making new features available or by removing or modifying existing features.

The User is therefore advised to refer to the latest version of the T&Cs, accessible at any time on the Site, before browsing. In the event of disagreement with the T&Cs, the User may not use the Site.

ARTICLE 6 – ACCESS AND NAVIGATION

Access and navigation on the Site, allowing you to benefit from the Services, is carried out via an Internet connection.

D BY DELPHINE implements the technical solutions at its disposal to allow access to the Site 24 hours a day, 7 days a week.

D BY DELPHINE is subject to an obligation of means regarding access to and navigation on the Site and makes its best efforts to guarantee this access and navigation. However, it cannot be held responsible for malfunctions of the Site and unavailability of the Services and cannot therefore pay any compensation to the User.

D BY DELPHINE may at any time suspend, limit or interrupt access to the Site or to certain pages of it in order to carry out updates, modifications to its content or any other action deemed necessary for its proper functioning.

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ARTICLE 7 – RESPONSIBILITIES

  1. On the use of the Site

D BY DELPHINE is only responsible for the content it has edited itself.

However, it cannot guarantee the accuracy, completeness, or timeliness of the information published on the Site.

Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the Internet network.

D BY DELPHINE is not responsible for:

  • technical, IT or compatibility problems or failures of the Site with any hardware or software;

  • direct or indirect, material or immaterial, foreseeable or unforeseeable damages resulting from the use or difficulties in using the Site and/or the Services;

  • intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating there.

The User is responsible for the use and protection of the equipment he uses to browse the Site, for his use of the Site and the Services, and for any violation of the T&Cs. It is the User's responsibility to take all appropriate measures to protect his own data and/or software stored on his computer equipment against any attack. The User's connection to the Site is under his sole responsibility.

The following are strictly prohibited: (a) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (b) any intrusion or attempted intrusion into D BY DELPHINE's systems, (c) any misappropriation of the Site's system resources, (d) any actions likely to impose a disproportionate load on the Site's infrastructure, (e) any breach of security and authentication measures, (f) any acts likely to harm the financial, commercial or moral rights and interests of D BY DELPHINE or the users of its Site, (g) any transmission to the Site of content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to good morals, infringing on a person's privacy, including their right to image, odious or derogatory or shocking from a racial, ethnic or other point of view; (h) any practice diverting the Site for purposes other than those for which it was designed and finally, more generally (i) any breach of the T&Cs or the laws and regulations in force.

It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.

In the event of a breach of any of the provisions of this article or, more generally, of infringements of laws and regulations, D BY DELPHINE reserves the right to take any measures it deems appropriate (in particular aimed at preventing access to the Site by the User concerned), to seek damages and to initiate any legal action.

The information communicated on the Site may be modified or updated without notice.

  1. With regard to the sales contract concluded between the Seller and the Buyer

The Services provided by D BY DELPHINE are solely intended to connect Sellers and Buyers, for the sale and/or purchase of Products. D BY DELPHINE does not intervene in the relationship between the Buyer and the Seller, beyond making the Site available to facilitate their connection.

Consequently, D BY DELPHINE, which is not involved in the contractual or extra-contractual relations between the Buyer and the Seller, cannot be held liable, in any capacity whatsoever, for any damage of any nature resulting from these relations, with regard to the Buyer, the Seller and/or third parties.

 

  1. With regard to Content disseminated on the Site by Users

In its capacity as host of the Content published by the User on the Site, D BY DELPHINE is subject to the reduced liability regime provided for in Articles 6.I.2 et seq. of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy.

In accordance with the provisions of Article 6, I, 7° of Law 2004-575 of June 21, 2004, D BY DELPHINE is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to seek out facts or circumstances revealing illicit activities.

In the event that a User finds that Content posted on the Site infringes applicable legal and regulatory provisions, and in particular constitutes manifestly illicit content (for example defamatory, denigrating or infringing intellectual property rights), the User may notify D BY DELPHINE by sending an email to the address or via the contact form on the Site.

ARTICLE 8 – HYPERTEXT LINKS

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The Site may include links to other websites or other Internet sources.

To the extent that D BY DELPHINE cannot control these external sites and sources, D BY DELPHINE cannot be held responsible for the availability of these external sites and sources, and cannot bear any responsibility for the content, advertising, products, services or any other information or data available on or from these external sites or sources. Furthermore, D BY DELPHINE cannot be held responsible for any proven or alleged damages or losses resulting from or in connection with the use of or reliance on the content, goods or services available on these external sites or sources.

Any creation of links to the Site, any framing of the Site, and more generally any use of an element composing the Site, is subject to the prior, express and written authorization of D BY DELPHINE. D BY DELPHINE reserves the right to (i) request the removal of any link to the Site which has not been, or is no longer, authorized and to (ii) request damages in compensation for the harm suffered as a result.

D BY DELPHINE is not responsible for transactions between the User and any advertiser to which the User may be directed via the Site and may not under any circumstances be a party to any potential dispute in this regard.

ARTICLE 9 – INTELLECTUAL PROPERTY AND PROTECTION OF PERSONAL DATA

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With the exception of the Contents, the structure of the Site and its elements, including the texts, graphics, images, photographs, sounds, videos, computer applications and databases that compose it, as well as the trademarks and other intellectual property rights appearing on the Site (hereinafter collectively referred to as " the Protected Elements "), are the exclusive property of D BY DELPHINE and are protected by the laws in force under intellectual property. In particular, the term "MAISON ELOƎ" is registered as a trademark.

The User undertakes not to infringe the intellectual property rights of D BY DELPHINE.

Any representation, reproduction, adaptation or partial or total exploitation of the Protected Elements, by any process whatsoever, without the prior, express and written authorization of D BY DELPHINE, is strictly prohibited and could constitute an infringement within the meaning of the provisions of the Intellectual Property Code.

Access to the Site and its use do not constitute recognition of a right and, generally speaking, do not confer any intellectual property rights relating to the protected Elements, which remain the exclusive property of D BY DELPHINE.

The Site was designed by Mr. Adrien Cousigné and Manoel Deligny of the company E2VR.

The photographs on the Site were designed by François Darmigny, Malcy Breteau and Anthony Folliau.

D BY DELPHINE has a Privacy Policy which the User is expressly invited to read: https://www.maisoneloe.com/politique-de-confidentialite

ARTICLE 10 – LANGUAGE

In the event of a translation of the T&Cs into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

ARTICLE 11 – MEDIATION

 

The User, if he is a consumer, has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute relating to the execution of these terms and conditions which may oppose him to D BY DELPHINE.

To this end, he can contact the following consumer mediator:

FEVAD

Postal address : 60 rue la Boétie – 75008 Paris

Email: mediateurduecommerce@fevad.com

Website: https://www.mediateurfevad.fr/

Telephone: 01.42.56.38.86.

The User, if he is a consumer and wishes to resort to mediation, must prove that he has previously attempted to resolve his dispute directly with D BY DELPHINE by means of a written complaint in accordance with the terms set out in article 4 of the T&Cs.

 

ARTICLE 12 – APPLICABLE LAW AND COMPETENT JURISDICTION

The T&Cs are subject to French law.

In the event of a dispute concerning the validity, interpretation and/or execution of the T&Cs, and in the absence of an amicable resolution, or recourse to mediation, or in the event of failure of mediation, the dispute will be submitted to the French courts, unless there are contrary legal provisions which would refer to the mandatory jurisdiction of a foreign court. The User may refer the matter to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the court of the place where he or she resided at the time of the conclusion of the T&Cs or the occurrence of the harmful event.

ARTICLE 13 – GENERAL INFORMATION

If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

The fact that one of the Parties does not assert against the other Party a breach of any of the obligations referred to in the T&Cs cannot be interpreted in the future as a waiver of the obligation in question.

Content updated on 09/12/2021