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Terms & Conditions
GENERAL CONDITIONS OF USE 5AM
The site www.5am-market.com is published by the company 5am, Simplified joint-stock company with a capital of 20 000 €, whose registered office is 5, rue de Kourou - 31240 L'Union,
Registered with the Trade and Companies Register of Toulouse, under number 821 888 625 R.C.S
The person responsible for the publication is Mr Victor GILLES.
The purpose of these general terms and conditions is to define the terms and conditions for the provision of a 5am paying service. These general terms and conditions are supplemented or modified, if necessary, by specific terms and conditions of use specific to certain functionalities and means of access or payment.
The service is reserved for professionals, be they legal entities or natural persons capable of subscribing to contracts under French law and whose activity is registered with the trade register or the Register of Trade and Companies.
ARTICLE 1 – DEFINITIONS
Each of the following terms shall have the following meanings in these General Terms and Conditions of Use (hereinafter "GTC"):
Subscription: subscription by the User to one or more services offered by the site www.5am-market.com
Buyer: means a User who has indicated his acceptance of a Vendor's offer on the site www.5am-market.com
Account: A set of data relating to a User, including in particular identity elements and identifiers, enabling to access the Services.
Content: means any content provided by a User on the site www.5am-market.com, including, without limitation, any product, data, information, text, any product listed, descriptive, commentary, evaluation, any name, pseudonym, sign, photograph, image, sound, video, logo and any other element provided by the User on the Site, including at the time of registration, in an advertisement, an e-mail message, a forum or a Seller's shop.
Personal Data: any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to a name, an identification number or one or more elements of its own.
Contributing Spaces: spaces for discussion and debates (including forums, blogs, video repositories), allowing the User to file notices and information and to interact with other Users
Identifier: pseudonym and / or code chosen by the User allowing identification and access to the Services of the Site.
Product: means a product offered for sale on the Site by a Seller. The Product must comply with these Terms and Conditions.
Services: all the functionalities made available to Users by 5am and available on the Site.
Site: the website published by the company 5AM allowing the connection of Sellers and Buyers of Products and accessible at the address www.5am-market.com
Sub Account: account created by the User from his / her personal space allowing a sub-user to benefit from the services under his / her administration;
User: any natural or legal person holding a Personal Account who registers his / her Personal Data in order to register and have access to all the Services offered by the Site. The same User may be Seller and / or Buyer.
Seller: means a User who opens a virtual shop on www.5am-market.com and offers Products for sale through the Site.
ARTICLE 2 - ACCEPTANCE OF THE GENERAL CONDITIONS
A 5am payable service is offered by the company 5am to the user, subject to its unconditional acceptance without reserve of the present general conditions.
The user declares and acknowledges having read all the terms of these terms and conditions and accepts them. In addition, the use of any of the services offered on the site accessible at www.5am-market.com (hereinafter "Site 5am" or the "Site") carries an unreserved acceptance by the User of the present general conditions.
The user also acknowledges that the general conditions of sale are made available to him in a manner allowing their preservation and reproduction in accordance with article 1369-4 of the Civil Code.
5am reserves the right to modify at any time, in whole or in part, the present general conditions. It is therefore up to the user to regularly check the latest version of the general conditions posted at http://www.5am-market.com/en/cgu
The User is deemed to accept this last version with each new connection on the site.
In the event of non-compliance by the User of these general conditions, the 5am company reserves the right to deny him access to the service.
The Subscription is subscribed according to the procedure described on the page of the Site corresponding to the chosen method of payment.
The confirmation of the Subscription by the 5am company results from the notification to the User by a message addressed to him on his personal mail, to the address of contact indicated.
The Subscription gives rise to immediate invoicing, in accordance with the provisions of Article L. 441-3 of the French Commercial Code, either by external service providers in case of PayPal payment or by the 5am Company in case payment by credit card.
The User may consult the billing information, including information on the date of purchase and payment methods, on his page http://5am-market.com/profile
ARTICLE 3 - DESCRIPTION OF SERVICES – OBJECTS
The 5am site is a marketplace that allows the linking of Sellers (hereinafter the "Sellers") and the professional Fruit and Vegetable Buyers previously registered on the 5am Site (hereinafter the "Buyers").
The Site also offers communication tools between Users.
The details of the services offered are published on the web page accessible at "http://5am-market.com/tariffs
5am is not a public auction company or public auction by electronic means within the meaning of Article L 321-3 of the Commercial Code.
The company 5am does not hold any product offered for sale or sold on its site, and does not intervene in any way in the transaction between the Sellers and the Buyers. As such, 5am does not transfer ownership of the Seller's Products to the Buyer. The sale or purchase agreements are concluded directly and exclusively between the Buyer and the Seller, according to the terms agreed between them.
Consequently, 5am does not exercise any control over the veracity or accuracy of the User's content or announcements, the quality, provenance or legality of the Products offered for sale or the ability of Sellers to sell such Products nor the ability of Buyers to pay for such products. 5am does not intervene in any way in the chain of production, marketing and / or distribution of the Products offered for sale by the Users (including conformity testing, packaging, labeling, Transportation or any other activity).
Any indication of prices, product descriptions, delivery, or any other advice proposed on the Site by the company 5am are provided solely for information purposes. Furthermore, 5am cannot guarantee that the Seller or the Buyer will conclude or execute the transaction, which is concluded exclusively and directly under the personal responsibility of each Seller and Buyer. The 5am Company cannot guarantee that the Seller's product will satisfy the Buyer.
The Seller is free to choose the Buyer (s) with whom he wishes to close the sale.
For any request concerning the services described above, the User can make contact, at the following e-mail address: contact@5am-market.com
Article 4 - OPENING OF AN ACCOUNT - IDENTIFICATION - PROOF - EXCHANGE OF INFORMATION
Upon creation of the account by subscription and payment of the services, the User is assigned a login and a password (hereinafter "Identifiers") enabling him to access his private account.
The User may create one or more sub-accounts assigned to one or more sub-users, depending on the subscription formula chosen.
Each sub-user will be assigned a login and a password of their own.
Sub-accounts are the exclusive administration of the User.
Confidentiality of identifiers
The identifiers are personal and confidential. They can only be changed at the request of the User or at the initiative of the company 5am.
The User is solely and entirely responsible for the use of the Identifiers concerning him and undertakes to do everything possible to keep his Identifiers secret and not to disclose them to anyone in any form whatsoever.
In the event of loss or theft of one of the User's Identifiers, the User is liable for any damaging consequence of this loss or theft, and must use, as soon as possible, the procedure enabling him to modify them, which can be found on the page at http://5am-market.com/password/remind
Agreement on Evidence
The parties expressly agree that:
· the presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message,
· an electronic document containing an identification code is equivalent to a signed document written by the issuing person,
· parties may rely on a printed e-mail message from e-mail software to prove the content of their exchanges regarding the execution of these terms and conditions.
Exchange of information
The User accepts the use of the electronic mail for the transmission of the information that he asks for concerning the conclusion or the execution of the contract.
Information intended for the User may be sent to him by e-mail, once he has communicated his e-mail address.
Article 5 - PERSONAL DATA
The company 5am, led to process personal data, has declared the Internet site www.5am-market.com to the CNIL (National Commission of Computing and Civil Liberties). The website is registered under the n ° 1989573
The collection of personal data does not allow to reveal, directly or indirectly, the ethnic origins, political, philosophical or religious opinions or trade union membership of persons or data relating to their health or sex life.
Data concerning the User shall be collected and processed fairly and lawfully for specified, explicit and legitimate purposes, without being further processed in a manner incompatible with those purposes, in a form allowing the identification of the persons concerned for a period that does not exceed the time necessary for the purposes for which they are collected and processed.
Personal data shall not be processed by a subcontractor or a person acting under the authority of the data controller or that of the subcontractor unless instructed by the controller within the company 5am.
The 5am website allows for the use of cookies allowing the identification of the Users.
The User is informed by the present general conditions that the personal data indicated as being obligatory on the forms and collected within the framework of the service defined in article 3 of the present general conditions is necessary for the use of this Service, used solely within the scope of this service and intended exclusively for the company 5am, which takes the necessary precautions in order to preserve, as far as possible, the security of the data.
The User has the right to object to the transfer of this data which he may exercise by ticking or unchecking a box to this effect when subscribing with the form for opening an account.
The User also has a right of access and rectification of this data which he can exercise by sending a message to the following email address: contact@5am-market.com.
Third parties may also exercise their right to object by sending a message to this effect to the following email address: contact@5am-market.com.
Article 6 - LIMITATIONS OF LIABILITY – WARRANTIES
Network Operation
Given the specific nature of the Internet, 5am offers no guarantee of continuity of service, in this respect only an obligation of means. The updating of content and other notifications in the applications proposed by the company 5am is not realized in real time. These features may be subject to delays beyond the control of the 5am company and for which it cannot be held responsible.
5am cannot be held liable for damages related to the temporary impossibility of accessing any of the services offered by the 5am site.
Site modification
All information contained on the 5am site is subject to change at any time, taking into account the interactivity of the site, without this incurring the responsibility of the company 5am.
Disclaimer 5am
The company 5am declines any responsibility for any damage or loss related to the use or the impossibility to use the 5am site or its content, except as provided by law. 5am also does not warrant that the information presented is detailed, complete, verified or accurate.
The company 5am cannot be held liable under contract, tort (even in case of negligence) or otherwise, of any commercial loss that the User could suffer (loss of profits, turnover, activity, opportunities, data, customer value, reputation) or any loss that is not reasonably foreseeable and arising, directly or indirectly from:
· the User's use of the Services or inability to use them;
· viruses or other malicious software obtained by accessing the Services offered on or in connection with the Site;
· any dysfunctions, bugs, inaccuracies or errors present on the Site;
· any damage to the User's computer equipment resulting from the use of the Services;
· advice on pricing policies or any other advice provided by 5am;
· the suspension or any other action taken against the User's account or decided by the Company 5am in application of these General Conditions;
5am shall not be liable for any financial, reputational, or special, indirect or consequential damages arising out of or in connection with any use of the Site and the Services.
Except where it has been duly informed of the existence of illegal content within the meaning of the legislation in force and has not acted promptly to withdraw it, in accordance with the provisions of Article 6 I-2 N ° 575-2004 dated 21 June 2004, 5am, as host of Content, cannot be held liable either for the actions (or lack of action) of the Users, the Content of the Users, or the Products that they offer for sale or statements made on the Contributing Spaces made available on the Site.
Maintenance
5am reserves the right at any time and at its sole discretion to suspend or interrupt access to the Site and / or operation of the Site, in whole or in part, including maintenance, operational requirements, internal choices or in case of an emergency. 5am also reserves the right at any time and at its sole discretion to remove or modify any content, for technical, commercial or practical reasons. It is understood that such actions cannot in any case engage the responsibility of the company 5am, nor give rise to indemnities or damages for the benefit of a User of the Site.
User Guarantees
The User acknowledges that 5am is not a public auction company.
The User declares that he knows perfectly the characteristics and constraints of the Internet. In particular, the User acknowledges that it is impossible to guarantee that the Content that the User has transmitted via the Internet will be fully secured. The company 5am cannot be held responsible for the incidents that could result from this transmission.
The User therefore communicates it at his own risk. The 5am company can only provide the assurance that it uses all the means put at its disposal to guarantee a maximum of security.
The User undertakes to compensate the company 5am for the costs that the 5am company should incur as a result of any claims or disputes, whether judicial or extrajudicial, arising out of the use of the services defined in Article 3 of the present Terms and Conditions and guarantees the Company 5am of any conviction in this respect in the event of legal proceedings.
Article 7 - OBLIGATIONS OF THE USER
General Obligations of any User
The User is obliged, when subscribing to the subscription, to transmit to the company 5am all the information, in particular a K-Bis extract as well as any other administrative document necessary for its identification and qualification, with a view to the opening of an account.
5am will only open the User's account upon receipt of this or these document (s).
The User also undertakes to update his account and to make any changes without delay regarding his information. Each User shall be solely responsible for the consequences that may result from the provision of false, invalid or incorrect information to the 5am Company and / or to another User.
If the User is registered on the Site as a professional entity, he / she acknowledges that he / she has the authority and the legal authority to engage that entity.
Upon registration, the User undertakes not to register under a User name or an Identifier infringing the rights of a third party. In particular, the User will not use a User name infringing the copyright, trademark, company name or signs of a third party or another User, or a User name or pseudo visually or phonetically close to the username or nickname of another User. Furthermore, the User is prohibited from registering as a user name all or part of a URL link, address or other domain name pointing to an external site. 5am reserves the right, in particular in the event of a dispute between Users, to ask the User who has not complied with this article to modify his / her User Name within a period to be communicated to him by the company 5am. Failing to comply with this request, 5am Company may terminate these Terms and Conditions under the conditions set out in Article 8.
The User's username and password are strictly personal and the User agrees to maintain their confidentiality. The Registered User is the only one authorized to use the Site using his Identifier and his password and undertakes not to allow any other person to access under his / her identity, his Identifier or his User name. The use of the User ID, associated with its password, presumes access and use of the Site and the Services by this User. In the event that he is aware of an access by a third party to his account, the User agrees to inform the company 5am without delay by e-mail to the address contact@5am-market.com
The User shall promptly pay the price of services provided by 5am, pay the price for any supplementary or additional service that he may require in accordance with these terms and conditions and any special conditions.
The User agrees to abide by the Charter of Good Conduct accessible at http://www.html.com and to use the Site and provide Content on the Site in compliance with these General Terms and Conditions and the laws and / or regulations in force.
In general, the User agrees to:
· Comply with the legal, regulatory, and conventional requirements as well as the professional uses and practices to which it is subject;
· Not publishing defamatory, abusive, offensive and / or libelous content;
· Not to publish content that discriminates and / or incites racial, religious or ethnic violence or hatred;
· Not to commit acts or deeds intended to obtain or to attempt to obtain the transfer of sums of money without there being in return the delivery of a Product in conformity with the present General Conditions of a value Equivalent to the sums requested;
· Not to commit acts or actions likely to damage any computer system or to smuggle any personal data or information;
· Comply in particular with all the legal and regulatory requirements relating to data processing, files and privacy and, to this end, to make any request for authorization or any useful declaration of automated processing with the National Commission of Computing and Civil Liberties (CNIL) or any administrative authority that would replace it;
· not to commit any acts or actions that involving or liable to involve the liability of the 5am company or which result in the loss of the benefit of all or part of the services of the providers of the company 5am and especially its Internet service providers, Payment service providers and / or data storage providers;
· not to manipulate the price of a Product or interfere with the accounts of other Users;
· not to commit acts or actions likely to affect the image and / or reputation of the 5am company or the Site and / or to constitute acts of unfair or parasitic competition with respect to the 5am company, any other User and / or third parties;
· not to commit acts or actions intended to divert or attempt to divert all or part of the Buyers from the Site or to incite all or part of the Buyers not to buy or no longer buy on the Site or on any one of the virtual shops on the Site;
· not commit any potentially unfair, prejudicial, anti-commercial or harmful acts or actions with respect to the 5am Company, the Site, any User and / or any third party;
· not to commit inaccurate or deceptive acts or actions;
· not to copy, modify or distribute any content or rights from the Services or the 5am copyrights and trademarks;
· not to collect any information about Users, including e-mail addresses, without their consent;
· not to use other users' contact information for any use other than in connection with the Services (which includes using such contact information to send promotional materials directly to 5am users unless the user has given his express consent to receive these documents);
· not distributing or publishing unsolicited advertisements (spam), mass electronic communications, e-mail chains or pyramid systems;
Obligations of Seller
Each Vendor agrees to:
· indicate the full and accurate characteristics and qualities of each Product offered for sale on the site, availability, price of the Product (inclusive of all applicable taxes), shipping time (and where legally required, Delivery) and delivery costs, provide all necessary information and labeling of each Product in accordance with applicable laws and regulations;
· carry out all necessary checks and verifications for the manufacture and marketing of the Product and provide all necessary information in the sales offer of each Product so that the offer is true and the Buyer cannot be misled. Each Seller is solely responsible for the supply of all the elements of the offer to sell a Product, in particular the description, the photos, the selling price, the shipping and delivery costs and delays;
· placing the Product on sale in the appropriate category of the Site, the Seller being solely responsible for the choice of the category in which he refers his Product, this listing cannot be interpreted as a 5am company guarantee on the origin, legal compliance or quality of this Product;
· respect the quality of service requirements imposed by 5am on the Site;
Each Seller is solely responsible for any Product that he sells on the Site, as well as for compliance with all laws and regulations applicable to the manufacture, marketing and sale of these Products, and will be sole responsible (notably with respect to the Buyers but also the 5am company) in the event of damage caused by its Products or more generally of all the consequences related to the offer and sale of its Products.
Each Seller shall not:
· fail to deliver the Products that have been purchased, unless the physical delivery conditions are not met;
· offer to sell Products that do not correspond or exactly correspond to a Product of the Seller effectively available for purchase or offered for sale on a Site;
· offer to sell Products that he does not have and that he is not able to deliver within the time specified in the offer;
· offer to sell Products contrary to or non-compliant to the laws and regulations in force or not authorized by virtue of contractual provisions, in particular Fraudulent Products (in particular the Goods constituting stolen goods or illegal importation), infringing the rights of a third party, such as counterfeit goods within the meaning of the provisions of the Intellectual Property Code, sold in violation of selective or exclusive distribution networks, stolen and / or not in compliance with current regulations for the protection of Consumers, safety and health of persons applicable in particular to fruit and vegetables;
The Seller warrants the 5am Company that he will comply in his capacity as a professional with all his obligations and will compensate the Company for all consequences arising from the Seller's failure to perform any of his obligations as a professional Seller. The professional seller undertakes accordingly:
· to comply with all laws and regulations relating to the acquisition of goods of all kinds;
· not to omit to pay the Products purchased, except in the cases authorized by law;
· to verify the details of his order, his price, inquire if necessary, according to the method of payment chosen, information allowing payment of the Product and correct any errors before confirming the order to express acceptance.
ARTICLE 8 - SANCTION OF CONTRACTUAL FAILURES – TERMINATIONS
In case of failure by the User to fulfill one of the obligations provided for in these general conditions, 5am may, after sending an electronic message of formal notice to comply with the terms of these general conditions, 72 hours after sending the electronic message, deny access to the service, without the latter being able to claim any refund or reduction of the price due to this.
Without precluding any other means of redress, 5am reserves the right to issue a warning, temporarily or permanently suspend a User's registration and account, terminate it, close the account, cease to provide its services to the User and / or to terminate these General Conditions, automatically, after sending an electronic message of formal notice to respect the terms of these general conditions remained without effect for 72 hours as from sending the electronic message, without the latter being able to claim any refund or reduction of the price in this respect, in the following cases:
· in case of violation of all or part of these General Conditions or the documents incorporated by reference, such as the charter of good conduct;
· if the 5am company is unable to verify or authenticate the information provided by the User, and the User does not respond to the verification and / or authentication requests;
· if the actions of the User are likely to engage the responsibility of the 5am company, that of the User or any other User;
ARTICLE 9 - FINANCIAL CONDITIONS
Promotional launch offer
As part of its promotional launching offer, the company 5am offers the possibility to any User to use the services offered free of charge on the site http://www.5am-market.com and this, until July 31st 2017.
During this period, the User may access the services free of charge by opening a single account (without the possibility of creating sub-accounts) and subject to compliance with these general conditions.
As from 1st August 2017, the User may continue to use the services by subscribing to one of the proposed subscription formulas.
Prices of services
The prices are fixed and depend on the formula of the chosen Subscription.
They are exclusive of tax and are payable in euros. The User located outside metropolitan France is invited to inquire about the import duties or taxes that may be applicable in this case, and will assume responsibility for their declaration and payment.
The rates can be modified, in particular according to the evolution of the network, the technique and the legal constraints.
Modification of financial conditions
5am reserves the right, without compensation, to modify its policy regarding the price of services and inform the Users thereof. In the event of a reduction in tariffs, these changes will be effective as soon as they are posted on the Site. If the change is temporary (for example, exceptional promotion days) the duration of this change will also be communicated to the Users and displayed on the Site. In the event of an increase in tariffs, 5am will inform the Users who will be required to accept these new modifications. Such changes shall be effective at the end of the month following the month in which such changes have been notified to Users unless the modifications have been tested with the Users, in which case the changes will be effective immediately after the test period. If the User does not accept the new applicable financial conditions, he / she is free to cancel the present General Conditions at the end of the term of the Subscription that he / she has chosen by means of three months' notice, resulting in the termination and closure of his / her account.
ARTICLE 10 - CUSTOMER SUPPORT
The 5am company provides Users with customer support which can be contacted every working day by e-mail at the following address: contact@5am-market.com
Requests may also be addressed to the following address:
ZA de Montredon
5 Rue de Kourou
31240 the Union
ARTICLE 11 - INTELLECTUAL PROPERTY
All intellectual property and other intellectual property rights relating to the content and information of the Site belong to the 5am company, subject to any patrimonial rights that may belong to a third party and for which the 5am company has obtained the Assignments or authorizations.
The rights granted to the User for the use of the Site and the services provided by the 5am company do not imply any assignment or authorization to exploit or use any of the elements of the Site.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE OF CONTRACT
The relations between the 5am company and the User, governed in particular by the present general conditions, are subject to French law, to the exclusion of any other state legislation. The original version of these terms and conditions is written in French. In the event of the writing of the present general conditions in several languages or of translation, only the French version will be authentic.
ARTICLE 13 – LITIGATION
The Parties agree that in the event of any dispute arising out of the execution or interpretation of these Conditions, the Parties shall endeavor to find an amicable solution.
In case of failure of this attempt to amicably resolve the dispute, exclusive competence is conferred on the Commercial Court of TOULOUSE, even for urgent or conservatory proceedings in interim or by application, and notwithstanding plurality of defendants or a warranty claim.