Terms and conditions of use

D BY DELPHINE

TERMS AND CONDITIONS OF USE

The present General Terms and Conditions of Use govern the relationship between Users and D BY DELPHINE for the use of the Site

 

They are completed by the Legal Notice (https://www.maisoneloe.com/mentions-legales), the “Sellers” General Terms and Conditions, which specifically govern the relationship between Sellers and D BY DELPHINE for the sale of Products through the Site, the “Buyers” General Terms and Conditions (https://www.maisoneloe.com/conditions-generales-acheteurs/), which govern the relationship between Buyers and Sellers for the sale of Products through the Site, and the Privacy 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 a share capital of 2,000 euros, registered in 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 in her capacity as President, duly authorized for the purposes of these presents.

 

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”.

 

The present General Terms and Conditions of Use are hereinafter referred to as the “GTC”.

 

IT HAS BEEN PREVIOUSLY EXPLAINED THAT :

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

 

In this context, the Parties agree to conclude the present GCU to determine their rights and obligations within the framework of the use of the Site by the Users.

 

THIS BEING SAID, 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 GCU, the meaning given to them below:

 

“Buyer” means any User who purchases one or more Products on the Site.

 

“Content” refers to the elements (including video, photographs, documents, messages, comments, images, etc.) posted by any User on the Site.

 

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

 

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

 

“Site” refers to the Internet site www.maisoneloe.com, an online platform operated by D BY DELPHINE allowing to put in contact Sellers and Buyers with a view to the sale of Products by Sellers to Buyers.

“Seller” means any natural or legal person, having the quality of a professional, who offers for sale one or more Products through the Site in the context of his professional activity. Any person who is not a professional may not sell Products through the Site.

 

“User” means any Internet user browsing the Site.

 

ARTICLE 2 – PURPOSE

 

The purpose of these Terms of Use is to define and govern the terms and conditions of use of the Site by Users.

 

ARTICLE 3 – LEGAL NOTICE

 

 

The Site is published by :

 

D BY DELPHINE

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

Registered 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 “Seller” means any individual or legal entity, having the status of a professional, who offers for sale one or more Products through the Site as part of its professional activity. Any person who is not a professional may not sell Products through the Site.

 

“User” means any Internet user browsing the Site.

 

ARTICLE 2 – PURPOSE

 

The purpose of these Terms of Use is to define and govern the terms and conditions of use of the Site by Users.

 

ARTICLE 3 – LEGAL NOTICE

 

 

The Site is published by :

 

D BY DELPHINE

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

Registered 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 the 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 question, complaint or request for information concerning the Site, or any report of illicit content or activities, the User may contact D BY DELPHINE by sending an e-mail to bonjour@maisoneloe.com (or by clicking on the contact form available on the Site) or to the address indicated at the top of these GCU.

 

ARTICLE 5 – ACCEPTANCE OF THE GCU

 

Access to and use of the Site are subject to acceptance of and compliance with the TOS. 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 accept without reservation the present General Terms of Use in their latest version and comply with them.

 

The Terms of Use apply, as necessary, 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 prior notice, the Site, the Services, as well as the GCU, in particular to adapt to the evolution of the Site by making available new functionalities or deleting or modifying existing ones.

 

The User is therefore advised to refer to the latest version of the TOS before any browsing, which is accessible at any time on the Site. In case of disagreement with the GTU, no use of the Site can be made by the User.

 

ARTICLE 6 – ACCESS AND NAVIGATION

 

Access to and browsing of the Site, allowing the User to benefit from the Services, is done through 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 and navigation on the Site and makes its best efforts to guarantee such access and navigation. Nevertheless, D BY DELPHINE shall not be held responsible for malfunctions of the Site and unavailability of the Services and shall not 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 the Site in order to make updates, changes to its content or any other action deemed necessary for its proper functioning.

 

ARTICLE 7 – RESPONSIBILITIES

 

1. On the use of the Site

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

 

However, it cannot guarantee the accuracy, completeness and topicality of the information published on the Site.

 

Use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, in particular as regards 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 or computer problems or failures or compatibility of the Site with any hardware or software whatsoever;
• direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the Site and/or the Services;
• the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it.

The User is responsible for the use and protection of the equipment he/she uses to browse the Site, for the use he/she makes of the Site and the Services, and for any violation of the TOS. It is the User’s responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her computer equipment against any attack. The User’s connection to the Site is done under his entire 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 intrusions or attempted intrusions 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 latter’s infrastructures, (e) any infringement of security and authentication measures, (g) any transmission to the Site of content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to accepted standards of behaviour, infringing on a person’s privacy, including their right to an image, obnoxious or derogatory, or racially, ethnically or otherwise objectionable (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 TOS or the laws and regulations in force.

 

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

 

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

 

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

 

 

With respect to the sales contract concluded between the Seller and the Buyer

As the Services provided by D BY DELPHINE are only intended to put Sellers and Buyers in contact with each other, for the sale and/or purchase of Products, D BY DELPHINE does not intervene in the relationship between the Buyer and the Seller, beyond the provision of the Site facilitating their contact.

 

Consequently, D BY DELPHINE, which is not involved in the contractual or extra-contractual relations between the Buyer and the Seller, shall not be liable, on any grounds whatsoever, for any damage of any kind resulting from these relations, vis-à-vis the Buyer, the Seller and/or third parties.

 

With regard to Content posted 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 21 June 2004 for Confidence in the Digital Economy.

 

In accordance with the provisions of article 6, I, 7° of law 2004-575 of 21 June 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 search for facts or circumstances revealing illicit activities.

 

In the event that a User notices 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 e-mail to the address or via the contact form on the Site.

 

ARTICLE 8 – HYPERTEXT LINKS

 

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

 

Insofar as 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 be held responsible 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 damage or loss, whether proven or alleged, resulting from 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 that has not been, or is no longer, authorized and (ii) claim damages for any harm suffered as a result.

 

D BY DELPHINE is not responsible for transactions between the User and any advertiser to which the User is directed via the Site and shall not be party to any dispute in this respect.

 

ARTICLE 9 – INTELLECTUAL PROPERTY AND PERSONAL DATA PROTECTION

 

With the exception of the Content, the structure of the Site and its elements, in particular the texts, graphics, images, photographs, sounds, videos, computer applications and databases of which it is composed, as well as the trademarks and other intellectual property rights appearing on the Site (hereinafter referred to together as “the protected Elements”), are the exclusive property of D BY DELPHINE and are notably protected by the laws in force with regard to 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 would be likely to 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, in general, do not confer any intellectual property right 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 of 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 GTU in one or more languages, the language of interpretation will be the French language in case of contradiction or dispute on the meaning of a term or a provision.

 

ARTICLE 11 – MEDIATION

 

The User, if he is a consumer, has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute concerning the execution of the present contract that may arise between him and D BY DELPHINE.

 

To this end, he may 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.

 

If the User is a consumer and wishes to have recourse to mediation, he/she must justify that he/she has first attempted to resolve his/her dispute directly with D BY DELPHINE by means of a written complaint in accordance with the terms and conditions set out in article 4 of the GTC.

 

ARTICLE 12 – APPLICABLE LAW AND JURISDICTION

 

The GTU are subject to French law.

In the event of a dispute concerning the validity, interpretation and/or execution of the GTU, and in the absence of an amicable resolution, or recourse to mediation, or in the event that mediation fails, the dispute will be submitted to the French courts, unless otherwise provided for by law, which would refer to the imperative jurisdiction of a foreign court. The User may refer the matter either to one of the territorially competent courts under the Code of Civil Procedure, or to the court of the place where he/she lived at the time of the conclusion of the GCU or of the occurrence of the harmful event.

 

ARTICLE 13 – GENERALITIES

 

If one or more stipulations of the GCU are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

 

The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTU shall not be interpreted for the future as a waiver of the obligation in question.

 

Content updated on 09/12/2021