General Conditions

1. Identification of the company CIRCULARPLACE

The company CIRCULARPLACE (” CircularPlace “) is a simplified joint-stock company with a sole partner, registered with the RCS of Paris under the number n°897 845 210, whose headquarters is located at 59 rue de Ponthieu, 75008 Paris.
CircularPlace can be contacted at the e-mail address following : contact@circularplace.fr

2. Services offered

CircularPlace publishes and operates a SaaS platform accessible at the address https://circularplace.fr and sub-domains of circularplace.co (the ” Platform “) to:

• put in the relationship :

(i) on the one hand, the sellers (the ” Sellers“) or lessors professionals (the ” Renters “, and together with the Sellers, ” Advertiser “) who have unsold products (the ” Returns “) or second-hand goods (the ” Second-hand goods “, and together with the Unsold, the ” Products “) ; and
(ii) on the other hand, buyers (the ” Buyers“), tenant professionals (the ” Tenants “) or associations (the ” Associations “, and together with Buyers and Tenants, ” Recipients “) concerned, respectively, by the purchase or donation of the said Products  ;

• get alternative solutions for the recycling of Products in the cases where they have not been given or sold through the Platform.

The services provided by CircularPlace through the Platform are referred to as the ” Services “.
 
Advertisers and Recipients are together referred to as the ” Users “.
The Platform aims to help Advertisers comply with the law n° 2020-105 of February 10, 2020 relating to the fight against waste and thecircular economy (the ” Regulatory AGEC “) aiming to prohibit the disposal of unsold non-food items without proof-of-three refusal of donations to associations in proposing, on the Platform, solutions aimed (i) to sell the Products in-house or external, (ii) give them to Associations or (iii) in case of failure of the stages (i) and (ii) above, the recycle.

3. Information on the General terms and Conditions

 

According to the General terms and Conditions
 
Les conditions générales (les « Conditions Générales ») constituent l’unique document régissant la relation contractuelle de CircularPlace avec les Utilisateurs et définissent :
–        les modalités d’utilisation de ses Services,
–        les obligations respectives des parties.

Emplacement des Conditions Générales
Les Utilisateurs peuvent les trouver par un lien direct en bas de page de la Plateforme.

Modalités d’acceptation des Conditions Générales
Les Utilisateurs acceptent les Conditions Générales en cochant une case dans le formulaire d’inscription. S’ils n’acceptent pas l’intégralité des Conditions Générales, ils ne peuvent pas accéder aux Services.
Elles peuvent être complétées par des conditions particulières, qui, en cas de contradiction, prévalent sur les Conditions Générales.

4.    Terms of access to Services

• For all Users :

 
The Services are available to any person or entity acting through the intermediary of a person with the legal capacity to contract in the name and for the account of the legal person.

• Specifically relating to the Advertisers and Buyers :

The Services are offered exclusively to the Advertisers and Buyers with the quality of professional understood as any natural or legal person acting for purposes within the scope of its commercial, industrial, craft, liberal or agricultural, including whenit is in the name or for the account ofanother professional.

• Specifically relating to Associations :

The Services are offered exclusively to Associations of general interest, are authorised to receive Donations and issue tax receipts for the benefit of Donors in accordance with article 238 Bis of the general tax code.

5. Terms and conditions of subscription Services and access to the Platform

The User can access the Services by going directly to the Platform.
To subscribe to the Services, the User must fill in the form designed for this purpose on the Platform and must, in particular, inform its quality. Any incomplete entries will not be validated.
In the case where the Seller would like to propose to the sale of the Products and cash out funds, it will also have to accept the Contract accounts connected to Stripe.
CircularPlace will consider the request of the User and may reject it if it does not fulfil the conditions laid down in article ” Conditions of access to Services “. The validation of the request by CircularPlace leads to the opening of an account in the name of the User (the ” Account “), which allows him to manage his or her use of the Service using his / her login id and password.

6. Description of Services

 
Before any subscription, the User acknowledges :

• that he may take cognizance on the Platform of the characteristics of Services and their constraints, including technical ;

• the implementation of the Services requires you to be connected to the internet and the quality of Services depends on this connection, which CircularPlace is not responsible for it.

6.1.  Platform between Advertisers and Recipients

 

·  an Ad by the Advertiser,

 
advertisers can create and show ads related to Products (” Ads “) on the Platform at the destination Recipient, detailing the quality of the Products and the terms and conditions of sale, gift or otherwise, it being understood that the sale or donation will be outside of the Platform.
For each Advertisement, the Advertiser may allow the booking of a Product for :

• the sale of Products by Sellers to Buyers on the Platform (the ” the Sale“). In this framework, the Seller must indicate that price sale of Products ;

• the realization of a gift Products by the Sellers with the Associations on the Platform (the ” Gift“) performed under the conditions of article ” Gift of the Products on the Platform ” ;

• or for the rental of the Products by the Tenant with the Rental companies on the Platform (the ” Rental“) performed under the conditions of article ” Rental of the Products on the Platform “.

 

·   Booking of the Products on the Platform

o    Selection of Products that

Buyers have the opportunity to view the listings available on the Platform and the Products offered in each of them. The Buyer can select the Products of their choice and proceed to booking.
Once the booking made by the Buyer, the Seller will be able to adjust to the drop in the number of Products selected, as a function of the state of its stock.

o    Payment Products,

The price owed by the Purchaser is, according to the case, the displayed in the Announcement by the Seller at the time of the validation of the order of the Product. The full price of the Products payable to the order, unless otherwise stated.
The payment of the price is made through the Payment Module (as defined below).

o    Payment of delivery charges

Delivery charges are announced at the Buyer at the time of payment on the Platform. They are added to the price of the Products (collectively the ” Amount of the Order “).
Delivery charges are payable to order and are settled through the Payment Module
of The terms, shipping times and costs are determined by the Seller, who has the only master.

o    Complaint, feedback

CircularPlace is not responsible for the claims and/or demands for the return of Products.
CircularPlace is involved in the management of claims and issues any observations it deems uses to help the amicable resolution of the claim made by the Buyer. The Buyer and the Seller concerned expressly acknowledge and agree that these observations are for the sole purpose of helping to put an end to their dispute and does not engage the responsibility of CircularPlace, which is not a party to the dispute.
If the Buyer and the Seller feel that it is impossible to find an amicable resolution to their dispute, it is for them to do their personal business on the settlement of their dispute.

o    statutory Warranties relating to the Products

 
The Buyer is covered by the legal warranty against hidden defects of the thing sold, as provided for by the civil Code, the Seller is also recognized as the seller.
If the Buyer finds that the Product delivered has a hidden defect that makes the thing sold unfit for the use for which it is intended, or which diminish so much this use, they must notify the Seller indicating the nature of the defect.
The modalities of implementation of the legal guarantee are governed by the provisions 1641 to 1649 of the civil Code.
The Seller and the Buyer will take their business to the implementation of legal guarantees of the Product. In his capacity as an intermediary, CircularPlace can only be called in statutory warranties concerning the Products.

·   Payment Module on the Platform

CircularPlace puts at the disposal of Users on the Platform, an online payment module to proceed to the payment of the Goods (” Payment Module “).
The Payment Module is managed by Stripe Technology Europe, Ltd (” Stripe “) as an electronic money institution. Its use is also subject to the conditions set by Stripe and recalled directly on the Module.
The User instructs expressly CircularPlace to send to Stripe all instructions relating to payments made on the Platform.

o    Payment of the Amount of the Order and the Commission of the Buyer, by the Buyer,

The Buyer fills in his payment details on the Payment Module. It is the only responsible of their transmission to Stripe. It guarantees CircularPlace thathe has the necessary authorization to use the mode of payment chosen. The methods of payment accepted are directly listed on the Payment Module.
In accordance with the provisions of the article ” Payment “, the Buyer directly regulates the Amount of the Order, as well as the Commission Buyer.

o    Deduction of the Commission Seller

once the Amount of the Order is settled, the Seller expressly authorises CircularPlace to retain the Commission Seller, as defined in the article ” Conditions in the financial “.

o    Receiver of the Amount of the Order

The Amount of the Order is paid into an escrow account, managed by Stripe. It is maintained until the Buyer confirms the delivery of the Products, in the conditions laid down in article ” Transport and delivery of the Products “.
Once the delivery is confirmed, Stripe put at the disposal of the Seller the Amount of the Order on a payment account opened in its name (” Account Stripe Seller “) under the conditions laid down by the Contract of accounts connected to Stripe.

·     Gift of the Products on the Platform

The Seller may proceed with the Donation of a Product. If the Seller wishes to proceed with the Donation of a Product, it may request the Buyers to file on the Platform of a candidature file.
The Seller will be solely responsible for the decisions taken with regard to the nomination files.
The terms and conditions of realization of the Gift will be determined between the Seller and the Buyer, without the responsibility of CircularPlace may not be incurred in this respect.
Only Associations can receive the Gifts of the Products by the Sellers.
When the Seller makes a Donation, the Association shall issue a tax receipt for the benefit of the Seller certifying that the Donation made through the Platform, if and only if the Seller requests it, and meets the eligibility conditions for in-kind donations made by the persons specified in article 238 bis of the general tax Code.
This receipt for tax purposes is determined on the basis of the assessment and valuation of the Products made by the Seller, who is solely responsible. Similarly, the Association is only responsible for the issuance of the receipt for income tax purposes and its compliance with applicable legal and regulatory provisions.
CircularPlace cannot be responsible for any failure of the Association or of the Seller related to the establishment of tax receipts.

·   Rental of the Products on the Platform

The Landlord may propose to the Rental Product. In this context, it indicates the price, the criteria and conditions of the Rental Product in the Ad.

o    the Rental Conditions of the Products

, The Lessor may require, prior to the delivery of the Product to the payment of a security deposit (the ” Deposit “).
This Deposit shall be retained by the Lessor :

• in whole or in part, in the event of theft or damage to the Product,
• in the case of non-repayment of the Product.

The security Deposit will be refunded to the Tenant at the end of the Lease, provided that all of the Products rented have been returned and subject to the payment by the Lessee of all amounts due under the Lease.
during the delivery of the rented Product that is performed in a report or a state of affairs (” the State of the Places “). It is up to the Hirer to check upon receipt that the condition of the Product is consistent with the one indicated in the Announcement.
If the customer finds that the Product delivered to him has a fault, a defect, or is damaged, it must inform the Lessor and to register it in the State of the Premises.
During the term of the Lease, the Tenant agrees not to sublet the Product placed at his disposal.
The Tenant has the custody of the Product. In this respect, it is up to the Tenant to ensure that the Product is retained in the conditions of such a nature as to prevent any risk of deterioration and of vol.
To this end, the Tenant agrees to comply with the instructions for use that may be communicated by the Renter. If a repair is necessary, the Lessee must inform the Lessor. The Owner can then offer to make the necessary repairs, to provide another Product of equivalent or to put an immediate end to the Lease.
At the end of the Lease, or in the event of early termination, for any reason whatsoever, the Lessee undertakes to return the Product to the Lessor in the manner and at the place that the Renter will be determined. The Tenant agrees to return to the Lessor the Product in the same condition as at the time of presentation. Upon return, a State of the Places of restitution can be determined.
In the event that the Product would require repairs or would be out of use, the cost of repair or replacement will be the responsibility of the Tenant, that it expressly acknowledges and agrees. The Lessor will charge the Lessee the costs of repair or recover the amounts due for those repairs on any security deposit.
In any event, the Lessor and the Lessee may by common agreement waive these terms and conditions of Rental.

o    Payment of rent

The payment of the Rent and any deposit takes place outside of the Platform and is the case of the Lessor and the Lessee. They are only responsible for the terms and conditions of payment of the Rental of the Products. CircularPlace will not be liable for this.

·   Transport and delivery of the Products,

The Platform is only intended to reserve a book, whether it is the subject of a Sale, a Lease or a Gift.
The terms and conditions of carriage and delivery of the Products shall be agreed between the Buyer and the Seller outside of the Platform. CircularPlace will not be responsible for the transport and delivery of the Products.
However, the Buyer will have 3 days to confirm the delivery of the Product. In the absence of confirmation of delivery to the end of the period of 3 days, the Buyer will be deemed to have received and accepted the Product.

6.2.  Service in respect of the proceeds of the Seller

·  provide a Certificate to

When the Seller has received three rejection of Donation on the Platform by the Associations, it will be able to obtain the part of CircularPlace a certificate attesting to (the ” Certificate “). This Certificate allows him access to the last stage of the life cycle of a Product suggested on the Platform.
The Announcement concerning the Product and is no longer visible on the Platform once the Certificate is issued.

·   alternative Solutions for the recycling of Products

As a result of three refusal of a Donation by the Associations on the Platform, and depending on the mode of operation proposed by CircularPlace, the Seller may either apply directly to the customer Service of CircularPlace, or download the Certificate as defined in the article ” to provide a Certificate to ” and then choose the option ” Recycling “. In this case, CircularPlace withdraw the Product from the Platform, and transmits the information related to the Product to its partners specialized in the recycling process (the ” Partners“) so that they consider the potential valuation of the material composing the Product :

• If one of the Partners is interested in the return of the Products, CircularPlace will put the Seller in connection with such Partner. The Products will be purchased by different actors such as companies, repackaging, or eco-organisms in order to make a new use of the Product or the material which composes it.
• If the Product has no value or interest of the Partners, CircularPlace connects the Seller with an eco-friendly organization or passes him a map of all the places recycling near, adapted to the Product and entitled to receive from the public for a voluntary deposit (Ressourcerie, Recycling, Waste collection, central sorting,…).

In all cases, CircularPlace offers solutions for the recycling of Products, the User’s remaining free to opt for any other option.

6.3. Other Services

 
CircularPlace reserves the right to offer any other Service that it deems necessary, in a form and depending on the features and technical means as it considers to be most appropriate for those Services.

7. Length of Service, unregister

• The access to the Platform for a period of 24 months.

The User can unsubscribe from the Services at any time through their Account. The opt out is effective immediately, subject to the finalization of Sales or Donations-in-progress. The User no longer has access to his Account as of the end of the Services.

8. Financial Conditions

8.1.  Prices

·    Award of the access to the Platform,

The access to the Platform is free for the Users.

·     Sales Commission

In consideration of the Services, a fee calculated on the sales price of the Product excluding taxes (the ” Commission “), is payable by Users to CircularPlace. The amount of the commission is :

• To the Buyer: 10% of the price of the Products purchased (the ” Commission Buyer “) ;
• For the Seller: 10% [of the price of the Product sold/of the Order Amount] (the ” Commission Seller “).

The Commission Buyer is set out in the conditions laid down in article ” Payment Products and the Commission of the Buyer by the Buyer “. The Commission Seller is directly levied on the Amount of the Order, according to the article, ” Deduction of the Commission Seller “.
CircularPlace will by any means Users with an invoice of the fees collected.
 

8.2. Late payment or non-payment of Commissions

In the event of default or late payment of Commissions and Additional Charges, CircularPlace reserves the right, from the day after the due date on the invoice, of :

• if necessary, declare the forfeiture of the term of all amounts due and payable immediately ;
• immediately suspend the Services until payment of the total amount due ;
• charge to the profit interest at a rate equal to 3 times the legal interest rate, sat down on the amount of sums not paid at maturity and a lump sum of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are above this amount.

9. The Maintenance and hosting of the Platform

9.1. Maintenance

The User is granted during the term of this maintenance, including corrective and adaptive. In this framework, the access to the Platform may be limited or suspended.
For corrective maintenance, CircularPlace makes its best efforts to provide the User with a corrective maintenance to correct any malfunctions or bugs raised on the Platform.
Regarding the ongoing maintenance, the User is granted during the term of a scalable maintenance, as CircularPlace will be able to perform automatically and without prior notice, and that includes improvements to the functionality of the Platform and/or technical facilities used in the framework of the Platform (to introduce extensions of minor or major).
The access to the Platform may be limited or suspended for reasons of maintenance is scheduled, which may include the operations, maintenance, corrective and evolutionary above.

9.2. Accommodation

CircularPlace ensures, within the terms of an obligation of means, the hosting of the Platform, as well as data entered by and/or on the Platform, its servers, or through a hosting provider, professional, and on servers that are located in a territory of the european Union.

9.3.  technical Assistance

 
In case of any difficulty is encountered during the use of the Services, the User may contact CircularPlace the contact information listed on the Platform, instant messaging (Chat) available on the platform, and/or the following address : support@circularplace.fr.

10.  intellectual property Rights

 

10.1.  intellectual property Rights related to the Platform.

The Platform is the property of CircularPlace, the same as the software, infrastructure, databases, and content of any kind (text, images, visuals, music, logos, brands, etc) that it operates. They are protected by any intellectual property rights or rights of database producers in force. The license that CircularPlace consent of the Users does not result in any transfer of ownership.
Users will receive this title, a license issued in SaaS mode, non-exclusive, personal and non-transferable license to use the Platform for the duration provided for in the article, ” Length of Service, to unsubscribe “.

10.2.  intellectual property Rights in the Products and Announcements,

The Seller guarantees to have the right to transfer the ownership of the Products to the Recipients provided in the Ads and for the entire duration of the broadcast of the Announcement on the Platform.
No transfer of ownership of the Product is between the Seller and CircularPlace.
The content of the Ads on the Platform remains the property of the seller, the Seller does not confer to CircularPlace a license to use the content of the Ads for the use of the Services.
The Seller warrants that hold all the rights to publish the Ads. In this respect, it is forbidden to share Announcements in violation of the intellectual property rights of third parties, such as trademarks and/or other signs protected by applicable law, the designs and/or copyright and, more generally, of violating the rights of property and/or personal rights of third parties (including intellectual property rights).

11.  Obligations and responsibility of the Users

 

11.1. Concerning the provision of information

 
The Users are committed to providing CircularPlace all the information necessary for the purchase and use of the Services.
 

11.2.  On the Account of the User

 
User :

• ensures that the information provided in the registration form is correct and accurate and undertakes to update the information,
• recognizes that these details are proof of his identity and bind him after their validation,
• is responsible for maintaining the confidentiality and security of your username and password. Any access to the Platform with the help of the latter being deemed to have been made by him.

The User shall immediately contact CircularPlace to the contact details mentioned in the article ” Identification of the company CircularPlace “ if he finds that his Account has been used without his knowledge. He acknowledges that CircularPlace shall have the right to take all appropriate measures in such cases.

11.3.  Regarding the use of the Services

The User is responsible for his or her use of the Services and any information shared in this framework. It is required to use the Services personally and not to allow any third party to use in its place, or for its account.
The User is forbidden to contact, by any means whatsoever, other users of the Platform for the purposes of performing the Services outside the Platform. CircularPlace may, if necessary, take all measures that it considers necessary for the Users that do not respect this provision.
 
The User is forbidden to divert the Services for purposes other than those for which they were designed, and especially for :

• engage in an activity that is unlawful or fraudulent,
• violating the public order and good morals,
• infringe a third party or their rights, in any way whatsoever,
• violate a contractual provision, legislative or regulatory,
• engage in any activity that is of a nature to interfere in the computer system of a third party including for the purposes of violating the integrity or security,
• perform manoeuvres aimed to promote its services and/or sites, or those of a third party,
• or assist or encourage any third party to commit one or more acts or activities listed above.

The User is also prohibited of :

• copy, modify, or misappropriate any element belonging to CircularPlace or any concept that it operates within the framework of the Services,
• engage in any other conduct of a nature to interfere with or circumvent the systems of CircularPlace or undermine its security measures,
• infringe the rights and interests-financial, commercial, or moral CircularPlace,
• sell, transfer or give access in any way to the Services, the information hosted on the Platform or to any element belonging to CircularPlace.

11.4. Regarding the specific obligations of the Advertisers

 

· Obligations and liability with respect to the Sale, Rental or Gift Products

The Advertiser is solely responsible for the Products he decides to propose to the booking in for Sale, Rental or Gift on the Platform, and, in particular, compliance with any regulations the Products and their Sale, Rental or Gift.
In general, the Advertiser is obliged, in the Sale, Rental, or Gift of the Products, to comply with the Regulations AGEC, as well as any regulations applicable specifically to the Products that it sells (in particular, regulation specific to the Product, standards compliance time consumption).
The Advertiser determines in its sole liability the terms and conditions of Sale or Lease of the Product and especially the price. He acknowledges that he is solely responsible for the Sale, Lease or Donation towards the Buyer or the Association.
The Advertiser guarantees CircularPlace that he is the owner of the Product that it offers to the Sale, Lease, Gift or otherwise on the Platform.
When the payment is carried out outside the Platform, CircularPlace can not be held responsible in the event of a problem regarding the payment of the price.
The transport and the delivery of the Product are carried out by the Advertiser. CircularPlace shall not be held responsible for any problem during the transport and the delivery of the Product.
The Advertiser guarantees CircularPlace against any claims, claims, actions and/or demands whatsoever that it may suffer as a result of the breach by the Advertiser of any of its obligations under the General Conditions. The Advertiser agrees to be responsible for all costs, charges and/or convictions that he might have to endure because of this.

· Products prohibited for Sale, Rental or Gift

The Advertiser agrees not to offer for Sale, Lease, or Gift for the Products listed below, although this list is not exhaustive :

• the food items ;
• the items the sale of which is regulated (for example : tobacco, alcohol) ;
• items that infringe intellectual property rights ;
• counterfeit, that is the subject of a reselling or illegal importation ;
• the articles are pornographic, obscene, indecent, objectionable or inappropriate to a family-oriented, defamatory, libelous, abusive, violent, racist, xenophobic, or revisionist ;
• articles detrimental to the image or the privacy of any third party ;
• announcements of taxidermy and trophies of hunting on wildlife species protected or threatened ofextinction are not accepted on the website. The species covered by CITES (the Convention on International Trade in Species of wild fauna and flora threatened dextinction) are included in the appendices of the Washington Convention of 1973.
• the articles contain any false, misleading, or offering or promoting illegal activities, fraudulent, or misleading,
• articles harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc),
• and more generally, any article that might infringe the rights of third parties, or to be harmful to a third party, in any manner and in any form whatsoever.

 

· Obligations and liability related to the content of the Ad

The Advertiser is solely responsible for the content of the Announcement relating to the Products. It guarantees CircularPlace of any claim relating to it. In case of an error in the content of the Ad, the Advertiser will pay the consequences of such an error, including the extra costs that may be incurred. No claim will be admissible as with CircularPlace.
The Advertiser undertakes in the Announcement :

• not to mention contact details (including address, telephone number, e-mail),
• put photographs of sufficient quality,
• qualify the Product of Unsold or second-hand Goods,
• make a sufficiently detailed description including the cosmetic qualities and functional Products, including their condition(in very good condition, good condition, poor condition) , the possible flaws, the color, the physical location of the Product, the residual value, the weight, the size, the packaging,
• do not put content counterfeit or infringing on the image of a third party,
• do not put content misleading misleading or offering or promoting illegal activities, fraudulent, or misleading ;
• don’t put content that could infringe the rights of third parties, or to be injurious to third parties, in any manner and in any form whatsoever.

The Advertiser is solely responsible for the information related to the Product that he provides. It is the responsibility of the Advertiser to provide any evidence as to the condition of the Products offered on the Platform in case of a subsequent claim of the Recipient, and in particular, photos, in order to support the initial declaration of the Announcement. In no event shall the liability of CircularPlace cannot be held liable in this respect, the latter operating solely as an intermediary between the Advertiser and the Recipients.
 

· Obligations relating to the relationship of the Seller with the Recipients

 
The Advertiser is responsible for the relationships he can build with the other Users of the Platform. It is committed to act with discernment and respect the normal rules of politeness and courtesy in his interactions with other users.
The Advertiser agrees not to contact, by any means whatsoever, other Users of the Platform to circumvent the Services. CircularPlace may, if necessary, take all measures that it considers necessary in the event of non-compliance with this provision.
In the framework of the implementation of the relationship through the Platform with other users, and, in particular, with the Recipients, the Advertiser is subject to obligations tax and social, in particular in the event of a Sale or Lease, including CircularPlace recommends that the state party take notice.
In the case of a Gift, the Seller is responsible for any applicable taxes, income taxes, deductions or reductions tax related to the Donations. It is up to the Seller to verify his or her eligibility to claim deductions tax on all or part of the Donations made through the Platform, in accordance with the provisions of the applicable law.
The Advertiser is responsible for all formalities and of all payments owed by it in the context of the use of the Services.
 

12. Obligations and liability of CircularPlace

CircularPlace undertakes to provide the Services with due diligence, provided, however, that it is bound by an obligation of means.
 

12.1.   Concerning the quality of Services

CircularPlace makes its best efforts to provide the User with quality Services. To this end, it conducts regular checks to verify the functionality and accessibility of its Services and can perform a maintenance in the conditions specified in article ” Maintenance “.
CircularPlace is not, however, responsible for any difficulties or impossibilities momentary access to its Services, which would have the original :

• circumstances external to the network (and, in particular, the partial or total failure of the servers of the User),
• failure of equipment, cabling, services, or networks that are not included in its Services or who is not under its responsibility,
• to the interruption of the Services due to telecom operators or internet service providers,
• the intervention of the User, in particular through a bad configuration applied on the Services,
• of a case of force majeure.

CircularPlace is responsible for the operation of its servers, whose outer boundaries are formed by the connection points.
In addition, it does not guarantee that the Services :

• subjected to a constant search to improve, inter alia, the performance and the progress, will be completely free of errors, defects or faults,
• having standards and not proposed in the light of the constraints of the User’s personal, respond specifically to its needs and expectations.

 

12.2.   About the warranty service level of the Platform

CircularPlace offers no guarantee of the level of service of the Platform.
CircularPlace makes its best efforts to maintain access to the Platform 24h/24h and 7d/7d except in the case of planned maintenance in the conditions defined in the article ” Maintenance “ or force majeure.

12.3.   Regarding the backup of the data on the Platform

CircularPlace makes its best efforts to back up all data generated and/or captured by/on the Platform. Except in the case of faults turned out to be the part of CircularPlace, it is not, however, responsible for any loss of data during the maintenance operations.

12.4.   Regarding the storage and security of data

CircularPlace provides storage capacity sufficient for the operation of the Services.
CircularPlace makes its best efforts to ensure the security of the data by implementing measures for the protection of infrastructure and Platform, detection and prevention of malicious acts, and data recovery.
 

12.5.   Regarding the publication of content

 
CircularPlace acts as a hosting provider for the Ads and other content that the User is online. As a result, it is not responsible for the Content.
If CircularPlace receives a notification about an Advert illegal, it will act expeditiously to remove or make access impossible, and it may take the action described in the article ” Sanctions in case of breach “.

12.6.   About the relationship between the Users

CircularPlace acts as a broker between Advertisers and Recipients. CircularPlace will not be able to engage its responsibility in the context of these relationships between Users, nor be a party to some disputes that this is the exception.
CircularPlace is not a party to agreements relating to the Sale, Lease or Donation of Goods concluded between the Advertiser and the Recipient, it cannot in any way be held liable under difficulties which may occur in the conclusion or execution of these contracts.
By way of exception to the foregoing, in the event of dispute between users, one of them will be able to apply CircularPlace so that it helps the Parties to find an amicable solution.
Moreover, CircularPlace does not guarantee any volume of business that the Advertiser could be achieved through the use of the Services.

12.7.   Regarding the use of sub-contracting and assignment

CircularPlace may use sub-contractors within the framework of the execution of the Services, which are subject to the same obligations as hers in the framework of their intervention. Nevertheless, it remains solely responsible for the proper execution of the Services to the Users.
 

13.  Limitation of liability CircularPlace

 
The responsibility of CircularPlace is limited to the direct damages proven that the User has suffered because of the use of the Services.
The responsibility of CircularPlace to Advertisers is limited. Except for bodily injury, death and gross negligence, and subject to having issued a complaint by registered letter with acknowledgement of receipt, within a period of three months following the occurrence of the damage, the liability of CircularPlace cannot be held liable for the Advertisers for an amount in excess of 6-month access to the platform and use the services.

14. Modes of proof admitted

 
The proof can be established by any means.
The User is informed that the messages are exchanged through the Platform as well as data collected on the Platform and computer equipment CircularPlace are the main mode of proof recognised, in particular, to demonstrate the reality of the Services performed and the calculation of their price.

15.  details of the processing of personal data

CircularPlace undertakes to comply with all legal and regulatory obligations incumbent on him in respect of the protection of personal data, in particular law 78-17 of 6 January 1978, in its latest amended version, called the Computing and Freedoms Law and the EU regulation 2016/679 of the european Parliament and of the Council of 27 April 2016.
For more information on the management of his personal data and on its rights, the User is encouraged to review the privacy policy of CircularPlace, accessible at the following address : https://circularplace.fr/politique-de-confidentialite/.

16.   Sanctions in case of breach

 
Are the essential obligations with respect to the Users (” essential Duties “) :

• do not provide false information, are incomplete, to CircularPlace,
• abide by the normal rules of politeness and courtesy in interactions with other Users and CircularPlace,
• do not use the Services to a third party,
• publish Advertisements in good faith that describe the characteristics of the Products conform to reality
• do not carry out any illegal activities, fraudulent or infringes the rights or safety of third parties, the threat to public order, or the violation of laws and regulations in force.

In the event of a breach of these Obligations, CircularPlace can :

• suspend, or discontinue the User’s access to the Services,
• remove any Advertisement in connection with the breach,
• to publish on the Platform any information message that CircularPlace deems it useful,
• notify any competent authority, cooperate with, and provide all relevant information to the research and to the suppression of illegal activities or unlawful,
• to initiate any legal action.

These sanctions shall be without prejudice to any damages that CircularPlace may have a claim against the User.
In the event of a breach of any obligation other than an Obligation essential, CircularPlace will be prompted by any written means useful for the User to remedy the default within a maximum period of 15 calendar days. Services will conclude at the end of this period in the absence of regulation of the breach.
The end of the Services entails the deletion of the User Account.

17. Changes to terms

 
CircularPlace can modify the General Conditions at any time and will notify Users by means of any writing (including by email) 30 calendar days at least before their entry into force.
If the User does not accept these changes, you must opt-out of Services in accordance with the arrangements laid down in article ” Term of Services, unsubscribe “.
 
If the User uses the Services after the entry into force of the modified terms and conditions, CircularPlace considers that the User has accepted.

18. Applicable law and competent courts

The terms and Conditions of use are governed by French law.
In the event of a dispute between an Advertiser and/or to a Recipient on the one hand, and CircularPlace on the other hand, and in default of agreement within 2 months after the first notification, it will be subject to the exclusive jurisdiction of the courts of Paris (France), unless mandatory provisions to the contrary.