Yumantis, a simplified joint stock company with a single shareholder and a capital of 100 Euros, registered in the Rouen Trade and Companies Register under number 835 324 997, whose registered office is located at 181 boulevard de l'Yser - 76000 ROUEN - FRANCE (hereinafter called " Yumantis").
Yumantis sets up on www.yumantis.com (hereinafter referred to as the "Site"), a virtual marketplace allowing Purchasers (hereinafter referred to as the " Purchasers") to contact professional sellers (hereinafter referred to as the "Sellers") and to purchase products/services from them (hereinafter referred to as the "Products").
In order to use Yumantis, the Purchaser agrees to abide by these Purchaser General Conditions of Use without restriction or reservation. This acceptance is materialized by a "click" of validation at the time of registration Yumantis and at the time of each order. Purchases made through Yumantis between Purchasers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter referred to as the "GTCs") which must be accepted by the Purchaser for each Purchase.
Yumantis reserves the right to modify these Purchaser Terms and Conditions at any time. The new Purchaser Terms and Conditions apply only to new orders (and not to pending orders for which the previous Purchaser Terms and Conditions remain applicable).
The purpose of these Purchaser Terms and Conditions is to define the conditions of use of Yumantis by Purchasers.
2. DESCRIPTION OF THE MARKET PLACE
The Site is a set of tools allowing Purchasers to register, to contact Sellers in order to place orders for Products, to pay the price of these Products, to confirm the receipt of the Products, to communicate with each other using a messaging tool made available to them... Transactions made via the Marketplace for the purchase of the Products are concluded directly between the Purchaser and the Seller. Yumantis is in no way a reseller of the Products offered by the Seller through the Marketplace. In the event of non-compliance with any of the provisions of these Purchaser Terms and Conditions, Yumantis reserves the right to temporarily or permanently interrupt the Purchaser’s access to the marketplace by suspending or terminating this Agreement without notice or compensation.
3. ACCESS TO THE WALKING AREA
Access to the marketplace is reserved for strictly professional use. To this end, the Purchaser expressly acknowledges that he/she makes his/her Purchases on the marketplace for the purposes of his/her professional activity. If the Purchaser is a legal entity, the natural person who purchases on behalf of the Purchaser acknowledges that he or she is duly authorised to do so. In any event, the Purchaser acknowledges that he/she has the legal capacity to make Purchases on the Site. The use of the marketplace by Purchasers is free of charge, without any obligation to purchase. In addition to the acceptance of these Purchaser GCU, access to the marketplace is subject to the Purchaser opening an account on the Site. To use the marketplace, the Purchaser must use the username and password (hereinafter referred to as the "Usernames") created when opening his account on the Site. The Purchaser undertakes to keep the Identifiers secret and not to disclose them to any third party. The Purchaser is solely responsible for access to the marketplace through his Identifiers, unless he can prove fraudulent use that is not his fault.
4. PAYMENT OF THE PRODUCT BY THE PURCHASER
The Purchaser makes the payment of the Product purchased via Yumantis with any payment method offered by the Marketplace.
The Seller sends his invoice to the Purchaser by email via Yumantis and by post.
The Seller shall not refund the Purchaser outside Yumantis: he shall use his account to make any refund for sales he has made via the marketplace; on his order, Yumantis shall re-credit the Purchaser's account accordingly.
Mangopay, Yumantis’ payment service provider, collects the funds paid on behalf of third parties and distributes the funds between the Seller and Yumantis.
5. PERSONAL DATA
Information and data relating to any natural person representing the Purchaser are processed by Yumantis; unless otherwise specified, they are essential for the management of the Purchaser's account and his access to the marketplace. The information necessary for delivery and invoicing will be transferred to the Seller and any useful entity (logistician / carrier...). This information and data are also stored for security purposes, in order to comply with any legal and regulatory obligations incumbent on YUMANTIS. In accordance with the law 78-17 known as "informatique et libertés" dated 6 January 1978, and amended since then, the Purchaser has the right to oppose, access, rectify and delete personal data concerning him, under the conditions provided by law. In accordance with the regulations in force, any request submitted in this respect must be sent by post, accompanied by a photocopy of an identity document bearing the applicant's signature and specifying the address to which the reply must be sent. A reply will then be sent within a maximum of 2 months following receipt of the request.
6. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law, for the entire duration of the protection of these rights and for the whole world. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited.
Yumantis is in no way responsible for transactions between Sellers and Purchasers to which it remains totally foreign. Yumantis may only be held liable to the Purchaser for facts that are directly attributable to it and that cause it damage directly related to these facts. It cannot be held liable for indirect damages. Nor can Yumantis be held liable for any misuse of the marketplace by the Purchaser or for any fault on its part. Nor can it be committed for facts attributable to a third party in the marketplace. In addition, in accordance with Articles 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Yumantis cannot be held liable for content made available on the Site by Purchasers or Sellers, in particular with regard to the description of the Products or the assessments made by Purchasers of the Sellers, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided by this law. Finally, Yumantis declines any responsibility with regard to Sales made by Purchasers through the marketplace with Sellers, to which it remains foreign. Any dispute relating to a Sale concluded with a Seller must be addressed to the latter. Any complaint relating to comments in the Product description or deliveries of the Products will be redirected to the Designated Seller, who will assume full and sole responsibility in this regard. The Purchaser is solely responsible for the use he makes of the marketplace, in particular for the assessments he makes on the Site, and undertakes to guarantee on first request to compensate and compensate Yumantis for any damage, loss, loss or loss of profit that Yumantis may suffer if his liability was engaged by a third party, as a result of an action related to this use of the marketplace by the Purchaser.
8. PARTIAL NULLITY
If one or more provisions of these Purchaser Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.
9. APPLICABLE LAW - ALLOCATION OF JURISDICTION
These general conditions are subject to French law.
Any dispute relating to their interpretation and/or execution shall be settled by French courts.
The competent court is the one of the YUMANTIS headquarters (Rouen, Normandy, France).