Sellers - General Terms of Use

 

 

YUMANTIS, a simplified joint-stock company with a capital of 100 euros, registered in the Registre du Commerce et des Sociétés de Rouen (Rouen Register of Commerce and Companies) under the number 835 324 997, whose head office is located at 181 boulevard de l'Yser 76000 ROUEN, (henceforth designated "YUMANTIS").

YUMANTIS sets up on www.yumantis.com (henceforth referred to as the "Site"), a virtual market or Marketplace, allowing Buyers (henceforth referred to as "Buyers") to contact professional Sellers (henceforth referred to as "Sellers") and to purchase Products / Services (henceforth referred to as "Products") from them.

In order to use YUMANTIS, the Seller agrees to abide by these Sellers General Terms and Conditions of Use (henceforth referred to as "Sellers’ T&Cs") without restriction or reservation. This acceptance is concretized by a validation "click" when registering on YUMANTIS. Purchases made through YUMANTIS between the Buyers and the Sellers are governed by the General Conditions of Sale (henceforth referred to as the "GTCS") which must be accepted by the Buyer at the time of each Purchase.

 

YUMANTIS reserves the right to modify these Sellers’ T&Cs at any time. The new Sellers’ T&Cs only apply to new orders (and not to current orders for which the previous Sellers’ T&Cs remain applicable).

 

 

1. OBJECT

 

The purpose of these Sellers’ T&Cs is to govern the legal relationship between YUMANTIS and the Seller with respect to marketing of its Products in the Marketplace by the latter.

 

 

2. DESCRIPTION OF THE MARKETPLACE

 

YUMANTIS consists of a set of tools that allows connecting the Sellers and the Buyers, in order to present the Products, to accept the orders placed by the Buyers, to collect the price of the Products bought and to manage the after-sale service for Products sold.

 

In this context, YUMANTIS is not a contractor. As a service provider, it only makes the Marketplace and the visitors of the www.yumantis.com website available and may possibly provide additional services (storage, logistics, etc.) to the Sellers (see Appendix 1). It is in no way a reseller of the Products offered by the Sellers on the Marketplace.

 

 

3. SELLER REGISTRATION

 

3.1 Conditions of registration

 

Can register as Sellers:

- legal persons who have duly registered their head office with the authorities of the country. For French legal persons, at the Registre du Commerce et des Sociétés (Trade and Companies Register), and / or,

- people carrying out their usual professional activity in the sector of the sale of articles intended for health professionals (Cabinet Medical, public and private hospital, EHPAD etc.).

 

The registration of the Sellers is made for an indefinite period.

In addition to accepting the Sellers’ T&Cs and the GTCS, access to the Marketplace is subject to the opening of a Seller account.

 

The Seller shall complete, in an exact and comprehensive manner, the online form for the opening of the Seller account available on the site www.yumantis.com/inscription-vendeur provide all the supporting documents, and confirm the latter. On this occasion, the Seller formalizes their acceptance of the Sellers’ T&Cs and the GTCS.

 

3.2 Validation of the Seller's registration

 

Upon receipt of the application form, YUMANTIS sends the Seller, by email, to the email address provided in the form, an acknowledgment of receipt of their application. After verification and validation of the information requested by YUMANTIS, the status of the Seller changes from New to Active. In case of non-validation of the Seller's account, an email will be sent to them.

YUMANTIS then sends the Seller a second email containing their username and password so that they can access their interface to finalize their registration to the Marketplace.

When accessing their interface, the Seller must accurately and exhaustively fill in the requested information and validate it in order to complete their registration.

Once the Seller has recorded all of this information, they may register their Products in the Marketplace.

 

3.3 Modification of registration

 

Sellers are required to immediately notify YUMANTIS of any changes to the information requested when they register and are liable for any breach of this obligation.

If false information has been provided during registration or if a Seller fails to notify a change, YUMANTIS may rightfully proceed to the termination, under the conditions indicated in article 3.5 hereof, of the registration to the Marketplace of the said Seller.

 

3.4 Limitation of access to the Marketplace

 

YUMANTIS is solely entitled to determine the content, appearance, design, functionality and all other aspects of the Marketplace (including the right to re-design, modify, remove or change any content, appearance, design, functionality, and other aspects of it), to prohibit or restrict access to the Marketplace and any other its component, aspect, portion, or features thereof (including the Products offered for sale) and to delay or suspend an offer for sale, refuse to put on sale or withdraw it from the sale, ask the Seller not to sell any of its products.

 

3.5 Closing the account

 

3.5.1 Termination for convenience

 

Any Seller may terminate their registration to the Marketplace at any time by sending an email to YUMANTIS at contact@yumantis.com. The subsequent closing of the account will be effective within 24 hours of the Seller's request to terminate the account. The Seller shall honor all orders placed until the day of termination. Prior to termination, the Seller will have deactivated all of their products.

3.5.2 Termination for misconduct

YUMANTIS may terminate, automatically and without formality, the registration of the Seller in case of non-performance or improper performance of an obligation incumbent upon them, and after formal notice sent by email after which no action is taken by the Seller at the end of a period of fifteen (15) days following its dispatch.

By expressed agreement, the following events, without this list being exhaustive, are considered as constituting a non-performance or an improper performance:

- the Seller's failure to meet the minimum service levels set out in Annex 1,

- the sale of counterfeit Products or Products infringing the rights of third parties and / or selective or exclusive distribution networks,

- the sale on the Marketplace of the Products in conditions that do not respect the Seller's commitments stipulated in article 5 of the Sellers’ T&Cs,

- the report, by a consumer or any third party with a legitimate interest, of a fault, an abuse attributable to the Seller.

3.5.3 Consequences of the termination of the Seller's registration

On the date of termination, the Seller loses Seller status:

- their Products are then immediately removed from the Marketplace;

- their account is closed when the processing of orders in progress on the date of termination of the contract is completed and all claims relating to orders placed with them are resolved.

 

In all cases where a Seller's registration is terminated, whichever party initiates, the Seller is required to fulfil any order from an existing Buyer at the closing date and to ensure its after-sales obligations (legal and contractual) including the proper management of claims until their resolution.

 

 

4. OBLIGATIONS OF YUMANTIS

 

The Sellers and YUMANTIS are contractually bound only to the extent that YUMANTIS makes the Marketplace available to the Sellers to enable them to sell.

There is no sales contract between YUMANTIS and the Buyer. In all cases, a sales contract can only be established between the Seller and the Buyer. YUMANTIS recommends to the Sellers to cooperate with the Buyer in the event of a conflict and to jointly seek an amicable solution.

YUMANTIS is not involved in the negotiation and execution of contracts concluded between a Seller and a Buyer in the Marketplace and is therefore not required to intervene in any disputes between Sellers and Buyers.

For a dispute over an order whose amount remains less than € 1,000, YUMANTIS reserves the right to intervene in the resolution of any dispute that would not find a solution within five (5) working days. The Seller agrees to respect the amicable solution that will have been found by the intervention of YUMANTIS.

For a dispute over an order whose amount is greater than € 1,000, YUMANTIS may propose an amicable solution that must be accepted by both parties.

As such, the Seller expressly acknowledges and already agrees that in case of breach of one of the obligations of these Terms, such as, without limitation, the lack of delivery or provision of Products, substantial delivery delay, the delivery or provision of non-compliant Products, the failure to process within a reasonable period of two (2) business days of customer complaints or any conduct that could be detrimental to the Buyer, YUMANTIS reserves the right, without the Seller being able to challenge it, and depending on the case, to refund the amount of their order (including shipping) to the Buyer and / or refuse any payment to the Seller. 

 

The Seller expressly acknowledges that YUMANTIS does not, in any way, have a status of reseller of the Products offered by them on the Marketplace.

 

As a result, YUMANTIS will assume:

- no cost related to the purchase of Products sold by the Seller via the Marketplace;

- no cost related to the delivery of the Seller's Products to the Buyer;

- no costs related to the financing of the Seller's inventory, the loss of inventories or the unsold items;

- no costs related to sales promotion;

- no investment specific to the Products and more broadly, to the Seller's activity.

 

 

5. OBLIGATIONS OF THE SELLER

 

The Seller freely decides which Products they wish to offer on the Marketplace and the conditions of their sale.

 

The Seller nevertheless respects the following obligations:

 

5.1 Username / Password

 

The Seller is prohibited from mentioning or suggesting, in their username and in their comments, any external hyperlink to the Marketplace. The Seller's pseudonym must not be represented by a domain name (for example, jean-pierre.com). Their username and comments accompanying their offer must not include references such as "www", ".fr", ".com", ".net", etc.

 

In addition, the Seller accesses their account with a password chosen during their registration, in particular to manage their Products catalog and to place their Products online, to validate the availability of the Products of each order made by a Buyer, to inform about shipping and to review the history of their sales via the Marketplace.

The use of this account and the associated password is strictly personal and limited to the duration of the contract between YUMANTIS and the Seller.

 

The Sellers are solely responsible for the security of their username and password. Disclosure to third parties is not allowed. The username can only be used to gain access to the Marketplace and the services offered there. The Seller is solely responsible for all acts completed with their username. If unauthorized persons became aware of their username and / or password, the Seller is obliged to change them without delay.

 

5.2 Product Obligations

 

5.2.1 Nature / Presentation

 

The Seller agrees and warrants that they will only sell Products that they own or have the rights to sell. They guarantee that their products do not violate, in any way, the laws, regulations in force and standards applicable, mandatory or not (especially concerning the marketing of games, toys) and that they do not infringe the rights of third parties. The Seller is prohibited from selling any Product consisting of infringements within the context of the Intellectual Property Code or any Product whose marketing is regulated by virtue of regulatory or contractual legislation (especially due to the existence of a selective distribution network). The Seller is solely responsible for the sale of the Products.

They are solely responsible for the accuracy of the information contained therein and undertake that they will not mislead potential Buyers, as to the characteristics of the Product, its condition or price. Particularly concerning Used Products, the Seller will have to provide a precise description of the state of the Product. The Seller communicates to Buyers all the information enabling them to know the essential characteristics of the Product (if applicable, composition of the Product, included accessories, origin, etc.).

The Seller further undertakes that the illustrations / visuals provided in the description associated with the offers of Products they propose (photographs, drawings, etc.) are in accordance with the Products thus illustrated and respect the rights of third parties and that they do not undermine public order or morality. They guarantee YUMANTIS that they have the rights, in particular of intellectual property, relating to these illustrations, which allows the Sellers to use them in order to present the Products.

Advertisements that do not comply with the terms of sale of the Products as stated in the annex may result in the withdrawal of the concerned advertisements or the suspension of the Seller's account during the period necessary for their correction by the Seller. 

 

During this period, the Seller will no longer be able to sell their Products whose ads are non-compliant.

 

5.2.2 Conditions of sale

 

The Seller is free to decide which Products are available for sale on the Marketplace. The Seller agrees and warrants that they will only sell Products that they own or has the rights to sell.

 

The Seller must implement distribution conditions equivalent to those they implement as part of their distribution network.

 

5.2.3 Price

 

The selling price of the Products is freely determined by the Seller, in compliance with the laws and regulations in force. This price must be mentioned on YUMANTIS, excluding taxes. The packaging costs must be included in the costs of delivery.

 

5.3 General Obligations of the Seller

 

The Seller agrees:

 - to process customer orders within forty-eight (48) business hours of placing them;

 

- to proceed with the shipment of the Products ordered in compliance with the delivery date they have indicated to the Buyer on YUMANTIS. The Seller must also inform the Buyer of the approximate date of delivery when the order is not shipped;

 

- to implement an adapted and respectful communication in their exchanges with the Buyer.

 

In addition, the Seller agrees not to:

- copy, reproduce, modify, create derivative works, distribute or disclose to the public any content of YUMANTIS without the express prior written consent of YUMANTIS or, as the case may be, that of the third parties concerned;

 

- disrupt or attempt to disrupt the smooth operation of YUMANTIS or the activities that take place there;

 

- circumvent the robot exclusion protocols or any other measure used to prevent or limit access to YUMANTIS

 

- violate the law, the rights of third parties or the provisions of the Sellers’ T&Cs;

 

- use YUMANTIS if their account has been suspended temporarily or for an indefinite period;

 

- fail to deliver the purchased items;

 

- bypass or manipulate the commission structure, the billing process or the amounts due to YUMANTIS;

 

- post false, incorrect, misleading or defamatory content (including personal information);

 

- transfer their account and username to a third party without the prior written consent of YUMANTIS;

 

- fail to take security measures to protect their password;

 

- use YUMANTIS with the ID of another person;

 

- distribute or publish unsolicited advertisements (spam), e-mail chains or pyramid schemes;

 

- insert any correspondence, presentation or advertisement in the packages which they address to the Buyers or separately from the parcels;

 

- distribute viruses or other technologies that may be harmful to YUMANTIS or the interests of Marketplace users;

 

- copy, modify or distribute content, copyrights and trademarks available on YUMANTIS;

 

- collect in any way information about users of the Marketplace (including other Sellers, Buyers or any other visitors), including e-mail addresses, without their consent.

 

5.4 Licenses / Copyright

 

The Seller consents to YUMANTIS, freely and in a non-exclusive manner, the rights of use, reproduction and representation of their trademarks and logos, and, with respect to any other graphic elements or texts provided by the Seller, the non-exclusive right of use, reproduction, representation, modification, adaptation and creation of derived content for the whole world, in any medium, for the duration of copyright protection and for all types of operation linked to the Marketplace.

 

The Seller consents to YUMANTIS, the right to resize the content they provide, especially in cases where constraints of online presentations or ergonomics would require it.

 

 

6. PAYMENT

 

6.1 Payment of the Product by the Buyer

 

The Buyer makes payment for the Product purchased via YUMANTIS with any means of payment proposed by the Marketplace.

 

The Seller sends their invoice to the Buyer by email via YUMANTIS and by post.

 

The Seller will not reimburse the Buyer outside of YUMANTIS: they must use their account for any refund for sales they have made through the Marketplace; upon their order, YUMANTIS will re-credit the Buyer's account accordingly.

 

Mangopay, YUMANTIS’ payment service provider, collects the funds paid on behalf of third parties and the distribution of funds between the Seller and YUMANTIS. 

 

6.2 Payment of the proceeds of their sales to the Seller

 

The amount that YUMANTIS owes to each Seller in accordance with these Sellers’ T & Cs is equal to the total amount paid by the Buyers for the Products sold by the Seller on the Marketplace deducted from all payments due to YUMANTIS by the Seller in accordance with the Article 8 below.

 

Payments are made by Mangopay each month, by transfer, to the Seller's bank account once a sale has been finalized (the attached right to claim has expired and has not been exercised), it has been paid by the Buyer and that it is not the subject of any unresolved complaint.

 

The Seller ensures to correctly enter their bank details (example: IBAN / BIC / SWIFT) and to provide all the official elements for the creation of their account.

 

7. AMOUNTS DUE TO YUMANTIS

The sums due to YUMANTIS are determined in Appendix 2. This price list is an integral part of these Sellers' T&Cs.

 

The commissions are deducted directly by the payment service provider and paid to YUMANTIS.

 

Commissions remain due to YUMANTIS including in cases where the sale is canceled or settled for any reason unrelated to YUMANTIS.

 

Each Seller must, therefore, before placing a Product on the Marketplace for sale, verify the updated amount of applicable commission rates and other amounts that may be due to YUMANTIS.

 

 

8. SELLER’S RESPONSIBILITIES AND GUARANTEES

 

8.1 Responsibilities

 

8.1.1 Foreign sales concluded between Sellers and Buyers

 

The responsibility of YUMANTIS cannot be sought in case of a dispute in connection with the Products and their sale.

 

The Sellers are solely responsible for the direct or indirect damage, whether material or non-material, caused to the Buyers and to any other third parties because of the content they put online on the Marketplace, the Products and Services they offer and the concluded sales. Therefore, the Sellers renounce to hold YUMANTIS liable in the event of action or litigation (in particular counterfeit actions or for damage to a distribution network, action of a buyer, an administration, etc.) relating to the information provided by the Sellers on YUMANTIS (texts, images, photos, brands, logos, etc.), the Products or their sale. 

 

8.1.2 The information contained in the Marketplace

 

This information is updated in real time and protected by intellectual property rights. The Seller acknowledges and agrees not to use any robot, spider, scraper or other automated process to access the Marketplace for any purpose without the express prior written consent of YUMANTIS, under threat of involving his own liability.

 

8.2 Guarantees

 

8.2.1 Against the actions of third parties other than Buyers

 

Seller declares and guarantees YUMANTIS:

- that they own the intellectual and / or industrial property rights allowing them to provide, to YUMANTIS, the information communicated (texts, images, photos, brands, logos, etc.), to publish them on the Marketplace and that the latter are not likely to affect the rights of third parties worldwide and do not, in whole or in part, constitute an infringement or unfair competition;

 

- that they own or hold the necessary rights to sell the Products via the Marketplace and that these Products do not infringe any rights of third parties worldwide, in particular, that their sale in the Marketplace does not affect a selective or exclusive distribution network and that they do not constitute, in whole or in part, counterfeiting or unfair competition.

If all or part of the Products or content provided by the Seller is the subject of a dispute, a claim or a third-party action for infringement or in violation of any other right of a third-party, the Seller agrees to inform YUMANTIS in writing and without delay.

 

YUMANTIS reserves the right to withdraw the Seller's Product or Content upon receipt of a written notice of potential counterfeit or otherwise damaging to a third-party of such Product or Content. In any case, the Seller agrees to address a response to any third-party claiming a violation of their rights within a week and to resolve any dispute arising due to this as soon as possible and at the latest within one month of the date of communication of the claim by YUMANTIS or within one month from the claim when it is sent directly to the Seller. The Seller will not hold YUMANTIS liable with respect to any costs for the defense of its interests and for the compensation of third parties with respect to a transaction or court order.

 

8.2.2 Against the actions of third parties having Buyer status

 

The Seller acknowledges that YUMANTIS is not party to sales concluded with Buyers on the Marketplace. Therefore, the Seller will not hold YUMANTIS liable for any costs in defense of their interests and for the compensation of any Buyer under an amicable agreement, a settlement, or a court order.

 

9. LIABILITY OF YUMANTIS

 

YUMANTIS implements all the means at its disposal to provide the services that are the subject of these Sellers’ T&Cs but does not guarantee that the Marketplace and the associated services are permanently available.

 

YUMANTIS is not responsible for information relating to the Product that is the subject of the sale, including the veracity, accuracy and completeness of its description.

 

YUMANTIS is responsible for any direct and foreseeable damage resulting from its own actions and this, within the limit of the selling price of the Product object of the litigation.

YUMANTIS cannot be held liable for any indirect damage such as loss of turnover or profit, loss or alteration of data, damage to the image, etc.

 

9.1 Particularity of Medical Devices

 

9.1.1 Materiovigilance

 

In accordance with Article L.5212-2 of Code de la Santé Publique (the Public Health Code), Buyers and Sellers and YUMANTIS are required to report all Materiovigilance incidents to the l’Agence Nationale de Sécurité du Médicaments et des Produits de Santé (National Agency for the Safety of Drugs and Health Products).

Buyers and Sellers will send a copy of their declaration to YUMANTIS as soon as possible via the My Account Area. They will send a copy by email to materiovigilance@yumantis.com.

 

9.1.2 Traceability

 

Article R.5212-2 of the Public Health Code relating to materiovigilance incidents concerning any medical device, indicates that traceability is one information that may be requested by the Director General of the National Agency for the Safety of Medicines and Health products as part of materiovigilance.

YUMANTIS will provide, on request, the traceability information available. YUMANTIS reserves the right to obtain from the Buyer and / or the Seller their traceability data.

 

 

10. PROTECTION OF PERSONAL DATA 

 

10.1 The Sellers have been explicitly informed by YUMANTIS of the nature, extent and purpose of the collection, processing and use of the personal data necessary for their registration and the execution of transactions.

 

The Sellers expressly accept this collection, processing and use of personal data.

 

In accordance with the “informatique et libertés”(information and freedoms) law of January 6, 1978, the Seller has a right to oppose, access, rectify and delete personal data about them, under the conditions provided by law. To exercise them, the Seller must write online to contact@yumantis.com by mentioning their last name, first name, e-mail address and their Seller ID.

 

10.2 In the absence of express authorization, the Sellers undertake not to use, in any form whatsoever, data concerning other Sellers or Buyers, available on YUMANTIS or of which they would have seen using the Marketplace, unless it is in connection with a sale.

 

In particular, it is forbidden to use this information for advertising, for unsolicited e-mails, except in case of prior agreement of the recipient of the e-mails, or for other unwanted contacts or other illicit purposes.

The Seller irrevocably undertakes to use the personal data of the Buyer only for the purpose of delivering the Products and to enable them to fulfill the legal obligations attached thereto. They undertake not to keep any copy as soon as they have proceeded with the shipment of the Product(s) ordered. They are committed to ensuring the confidentiality, security and integrity of this data.

Any other use, rental, sale, resale or copy by the Seller is prohibited.

 

10.3 The Seller acknowledges and agrees that when they place an item for sale on YUMANTIS, personal information about them, including their name and surname if they choose them as a pseudonym, will appear on the Marketplace and will be visible to any potential Buyer.

 

10.4 YUMANTIS reserves the right, in case of presumption of wrongdoing, to communicate the data of the Seller concerned (for example, contacts, IP address and information on its consultation of the site and published contents) to the Buyer, to other third parties or to the competent investigating authorities.

 

 

11. MISCELLANEOUS 

 

11.1 Independence

 

YUMANTIS and the Seller shall in no way be considered as associates of any common entity.

 

The Seller will inform YUMANTIS in case of economic dependence on the latter, the two parties agreeing to meet to find solutions preserving their respective interests.

 

The Seller will inform YUMANTIS of any takeover and / or involvement of their company directly or indirectly by a third-party to this agreement. In general, they will report any information or modification of situation as it could create, aggravate or reduce a risk of dependence.

 

The Seller will provide YUMANTIS with the necessary information as soon as possible if their situation entails a risk of bankruptcy and / or a risk of disruption of the relationship.

 

All this information is essential to allow the parties to maintain balanced and serene relations, the Seller must have alternatives in the event that their registration on YUMANTIS would partially or completely terminate.

 

YUMANTIS disclaims any liability for the Seller's strategic choice:

- not to alert YUMANTIS;

and/or

- not to communicate to YUMANTIS the information mentioned above;

and/ or

- by depriving oneself of alternatives, to place oneself in a situation of dependence.

 

11.2 Force majeure

 

The Parties shall not be held liable or considered to have failed these Sellers’ T&Cs for any delay or non-performance where the cause of the delay or non-performance is related to a case of force majeure, as defined by French case law.

 

11.3 Dissociation

 

Any clause herein that may be declared invalid or illegal by a competent judge shall be null and void, but its invalidity shall not affect the other stipulations or affect the validity of these Sellers’ T&Cs as a whole or their legal effects.

 

11.4 Litigation

 

These general conditions are subject to French law.

Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.

The competent court is that at the headquarters of YUMANTIS (181 boulevard de l’Yser - 76000 ROUEN - FRANCE).

 

 

ANNEX 1 - TERMS AND CONDITIONS FOR THE SELLER'S PRODUCTS

 

This Appendix 1 governs the methods of sale of the Products by the Seller on YUMANTIS, respecting which makes it possible to guarantee Buyers confidence and satisfaction as well as the security and the good progress of the sales on the Marketplace.

 

1. Products offered for sale

 

The Seller guarantees that they are entitled to sell the Products, that they are not weighed down with rights of third parties likely to prevent the sale, that they comply with the applicable legal provisions, that they do not violate, in particular, copyright, trademark law, a selective or exclusive distribution network, or any other rights of third parties, that they are reliable and comply with the legal requirements (including any marking or labeling), especially for medical devices, particularly for product safety (for example, CE standards, instructions for use and technical data sheets in French).

 

1.1 Prohibited products

 

Non-exhaustive list:

 

 - products whose advertising, offering or marketing infringe intellectual property rights (copyright and related rights), industrial property rights (trademarks, patents, designs and models) and other rights applicable (in particular, image rights, right to privacy, human rights);

 - products that discriminate or incite racial, religious or ethnic violence or hatred;

 - live animals;

 - stolen goods;

 - products contrary to good morals (alcohol, firearms, ...);

 - advertising elements including links;

 - narcotics of any type;

 - products that do not comply with the law, or whose offer or sale is likely to violate public order or the rights of other Sellers or third parties.

 

1.2 Availability of Products on sale

 

The Seller undertakes to update their stock in real-time and to remove from YUMANTIS any Product that is unavailable.

The YUMANTIS information system automatically blocks the placing of any Product online for which the Seller indicates the absence of stock.

 

1.3 Description of the Product offered for sale

 

The Seller undertakes to describe, exactly and as accurately as possible, the Product that they put online in the Marketplace, in accordance with any applicable regulations, in particular, the regulations concerning the sale of Medical Devices, to the provisions of these General Terms and Conditions of Sale and, in particular, the indications given by YUMANTIS on the Seller interface.

The Seller provides for each of their Products, in the format required by YUMANTIS, the mandatory, accurate and complete minimum information, as well as any useful update so that the information provided is accurate and complete at all times. YUMANTIS alerts the Seller that the mandatory minimum information requested is only a minimum for the Product to be identifiable and that it is up to the Seller to provide and post any additional information necessary to comply with the previous paragraph.

For each of the Products that they put online in the Marketplace, the Seller agrees to:

 

- check the accuracy of the terms of the product sheet with regard to the Product to which it relates, by checking, in particular, all the information contained in the product sheet (the name, description and brand of the Product ...);

 

- check that the characteristics of the Product (packaging included), the offer as well as the terms of sale, comply with all applicable laws (including marking and labeling requirements).

 

The Seller has no right to provide any information regarding any Product whose sale is prohibited, or to seek to put it on the Marketplace for sale, nor to provide a URL link to use or to request that such links are used on the Marketplace.

 

For the selling price, the Seller is required to indicate the shipping costs that they intend to apply to the Buyer. Depending on the delivery method, they can be indicated in the Seller interface, specifically in the Delivery Methods tab and then by changing the selected delivery method.

The Seller agrees to calculate and include, in their price, any customs duties and import or export charges, taxes or other direct or indirect taxes imposed by the competent authorities and related to the contract of sale. YUMANTIS cannot be held liable in this respect.

 

2. Shipping and delivery of the order

 

After entering into a sales contract, the Seller undertakes to deliver the Product that is the subject of the sale and to transfer the ownership thereof to the Buyer.

 

The Seller is obliged to deliver the Product to the address indicated by the Buyer within the time indicated to the Buyer when ordering.

As soon as they have proceeded to the shipment of the Product, the Seller will confirm it to YUMANTIS via its Seller interface, through the standard communication functionality of the Seller account and will provide the data relating to the tracking of the package. YUMANTIS will relay this information to the Buyer. It should be noted that the transfer of the funds collected by YUMANTIS from the Buyer to the Seller, as provided for in article 6.2 of the Sellers’ T&Cs, can only be realized once the shipment or the provision of the Products has been confirmed by the Seller and the claim period passed.

 

The Seller is obliged to inform YUMANTIS and the Buyer immediately of any delay in delivery of the order.

 

The Seller expressly acknowledges being solely responsible for verifying the status of their order (the order, once canceled, being in "Refused" or "Canceled” status), before its dispatch: they will not be able to ask YUMANTIS any compensation in the event of shipment of an order in canceled or refused status, for which shipment is made at the sole initiative of the Seller and under their full responsibility.

 

3. Payment by the buyer

 

The Buyer pays the purchase price of the Product, as well as any associated costs (including shipping costs), via the Marketplace through the payment service provider.

 

4. Seller's Warranty

 

When the Seller sends their products by themselves, they are responsible for: any delay in delivery, any lack of delivery or partial delivery, wrong delivery, theft or error or action related to the management and delivery of their Products. The Seller is solely responsible for all the information they upload (in particular, without this list being exhaustive: visuals of the Products, descriptions of the Products, price of the Products, amount of the shipping costs, promotions, information relating to the delivery or the withdrawal of the Product, the guarantees ...) any nonconformity of their Products in particular to the information put online by them and to all applicable standards (marking, security ...), any defect, or any recall of one or the other of their Products. As soon as the Seller becomes aware of a product recall as a materiovigilance, they will immediately notify YUMANTIS.

 

The Seller agrees to comply with an effective rate of "customer complaint" (Rate 1) less than or equal to 1%, the rate of 1% corresponding to a minimum level of service.

Seller's Rate 1 is calculated daily as follows:

Rate 1 = [{Total number of claims registered against the Seller (claims, refund, retraction, cancellation) within the last 60 days} / {the total number of orders shipped by the Seller within the last 60 days}] x 100.

 

If Rate 1 is higher than the aforementioned minimum service level, YUMANTIS may automatically terminate the Seller's registration and this, after formal notice sent by email and without any action taken by the Seller at the end of a period of thirty (30) days after sending.

5. Categories of products

 

YUMANTIS will present the Seller's Products in the corresponding product categories of the Marketplace, among the products of the other Sellers registered on the Marketplace. This categorization is linked to a standard classification for the products which have one.

6. Evaluations

 

YUMANTIS implements mechanisms that enable Buyers to evaluate the Seller's Products and / or performance and will make such assessments available to the Public.

 

7. Shipping costs

 

Delivery of the Product is the responsibility of the Seller unless a contract has been concluded between YUMANTIS and the Seller.

The entity in charge of the delivery will determine the shipping costs.

 

8. Sales and Deliveries

 

Seller agrees to:

 

- supply, sell, manage, send *and deliver* its Products, in compliance with the Sellers’ T&Cs and instructions provided by YUMANTIS, as well as conditions provided by the Seller and displayed on the Marketplace at the time of order. The Seller is solely responsible for the sale of their Products and assumes all risks associated with this sales activity;

(*except contract concluded between YUMANTIS and the Seller)

 

- package each of their Products in accordance with the information provided on the Marketplace and in accordance with the legal provisions relating to the conformity of products;

 

- not cancel the Sales, except in the event duly stipulated by the Sellers’ T&Cs and the General Terms and Conditions of Sale via the Marketplace to Buyers;

 

- provide YUMANTIS with information regarding the order and shipping status of the order (including its tracking, as long as it is made possible by the shipping method), using the process indicated by YUMANTIS;

 

- include a delivery note specific to the order with each shipment of the Products;

 

9. Returns and refunds

 

The Seller undertakes to accept returns, repairs, exchanges and refunds relating to their Products in accordance with the legal and contractual warranties attached to their Products, the Sellers’ T&Cs and the General Terms and Conditions of Sale as well as all other online rules on the Marketplace at the time of placing the order by the Buyer.

 

The Seller will inform YUMANTIS, as soon as possible, of any event affecting the order (cancellation, refunds) through the Seller interface, specifying the Products concerned.

 

The Buyer will request the refund from the Seller through their Buyer interface.

 

In addition to the applicable legal rules, the Seller will pay particular attention to the following cases for which they undertake, without reservation or condition, to reimburse the Buyer for the costs of returning the Products:

 

- delivery or provision of a product different from the Product ordered (reference error);

 

- delivery or provision of a damaged Product;

 

- product failure during the warranty period.

 

The Seller undertakes to process the after-sales service requests under the warranty, even if the commercial agreement between YUMANTIS and them is no longer active.

 

Refunds must in no case be made later than one (1) month following the request for reimbursement by the Buyer or cancellation of the order.

 

In case of no refund or repeated and unjustified refund delays, YUMANTIS will have the possibility to terminate the registration of the Seller in compliance with the provisions of Article 3.5.2 of the Sellers’ T&Cs.

 

 

ANNEXE 2 - AMOUNTS DUE TO YUMANTIS

 

A. Fixed costs

 

The use and registration of the Seller on YUMANTIS are completely free.

 

B. Variable Fees: Grid of applicable fees by type of service provided by YUMANTIS

 

For any sale of Product made on the Marketplace, the payment service provider will charge directly from the amount paid by the Buyer, the sales commission of YUMANTIS whose rate varies according to the service contracted by the Seller, according to the grid below. The commission rate below is exclusive of taxes.

 

Commission rate applicable when YUMANTIS deals with the delivery and storage of the Products:

 

 

Delivery and storage supported by the Seller

Delivery and storage service provided by Yumantis

Comission rate (Pre-tax)

10%

12%

 

Commission Rates may be applicable based on the volumetric weight an / or value of a product or range. 

 

 

 

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