Preamble
This is the translation of the French version of the general conditions of YAMAMAUTO services.
Only the French version visible below has contractual value:
https://yamamauto.com/conditions-generales-de-service/
(Version 2: February 14, 2023)
The website accessible at the URL address https://yamamauto.com (hereinafter the “Platform”) is published by SAS DUCHESSE ANNE, a simplified joint stock company with a capital of 1,000 euros, registered with the RENNES Trade and Companies Registry under number 851 348 607, whose registered office is located at 10 boulevard de la Duchesse Anne, 35 740 PACE (hereinafter “Yamamauto” or the “Operator”).
Yamamauto publishes and makes available the marketplace https://yamamauto.com which offers people, whose main residence is in European Union [excluding the outermost region (OR)], an online intermediation service through which Sellers can be put in contact with Buyers.
The Platform’s General Conditions of Use and Services (hereinafter the “General Terms of Service”) are binding on Yamamauto and on Users.
By loading, accessing, executing and/or using the Platform in any way whatsoever, the User agrees to comply with all the stipulations of the General Terms of Service. Failing to accept the General Terms of Service, the User is invited not to use the Platform and to leave it.
The purpose of the General Terms of Service is to set the terms and conditions of use of the Platform and Services for Users.
The General Terms of Service are supplemented by the Legal Notice.
The User is informed that the sale of Products by a Seller is governed by the General Terms and Conditions of Sale available on the Seller’s Store hosted on the site https://yamamauto.com.
Table of Contents
- Definitions
- Description of the Platform
- Entry into Force – Duration
- Role of the Operator – Yamamauto
4.1 Yamamauto Intervention
4.2 Loyalty, clarity and transparency
- Terms and Conditions of Membership and Registration
5.1 Seller’s Membership
5.2 User Registration
5.3 User subscription cancelling
- Relationship between the Parties – Sellers and Users
- Sellers and Products
- Online Reviews
- Price
- Order
- Order Confirmation
- Payment and financial terms
- Absence of right of withdrawal
- Distinctive Elements of the Platform – Intellectual Property
- Distinctive elements of the Stores – Intellectual property of the Sellers
- Liability
16.1 Access and operation of the Platform
16.2 Registration or Membership on the Platform
16.3 Items edited by the Sellers
16.4 Information and content published by the Partners
16.5 Loss or Fraudulent Use of Identifiers
- Insurance
- Prescription
- Personal Data
20.1 Data Handling performed by Yamamauto
20.2 Data Handling by the Sellers
- Termination
- Notifications
- Comments, Reviews, communications and other content
- Independence
- Advertising – hypertext links
- Application of the General Condition of Service – Severability – Interpretation
- Applicable law and competent
1. Definitions
– “Subscription”: All the financial formulas or “Packs” proposed to Users in order to become a Seller and create their Store.
– “Membership”: action allowing a User to submit his application to Yamamauto to open a Store, become a Seller and thus access the Services offered to Sellers.
– “Buyer”: Any association or club with a legal personality, natural person and/or legal entity with the legal capacity to enter into a contractual commitment and registering on the Platform in order to place an Order.
– “Online Reviews”: the expression of a Buyer’s opinion on his consumption experience, thanks to any element of appreciation, whether qualitative or quantitative.
– “Store”: online storefront hosted on the Platform and dedicated to a Seller allowing him to sell Products or to publish ads, depending on the Pack chosen, to Users. The Stores operate per Seller and per Pack. A Store can propose only one type of Pack;
– “Order”: act of online purchase of a Subscription and/or a Product by a User on the Platform.
– “Account”: personal account of a Seller and/or a Buyer, accessible thanks to his Identifiers allowing him to manage his Store and/or to place Orders with a Store;
– “Buyer Space”: personal account of a Buyer, accessible via his Identifiers, allowing him to place Orders with a Store, to check his Shopping Cart, to track his Orders, to retrieve his Order history, to mention his favorite sellers.
– “Identifiers”: The User’s Email and password transmitted at the time of the Account creation request, which can be modified by the User after the creation of his Account and which allows him to access his Account.
– “Registration”: act by which a User requests the creation of an Account allowing him/her to access his Buyer’s Space and/or Seller’s Space.
– “Legal Notice”: information of any User of the Site on the identity of the operator and host of the Site as well as on the conditions of access to the Site [Legal Notice: https://yamamauto.com/mentions-legales/].
– “Shopping Cart”: all the Products selected in order to place an Order.
– “Pack”: all the Subscriptions available on the Platform allowing a Seller to create his Store and to publish advertisements in his Store.
– “Partner”: any natural person or legal entity linked to the Platform providing it with commercial, material and/or financial resources;
– “Party(ies)”: refers to Yamamauto and/or the User and/or the Seller and/or the Buyers.
– “Platform”: the website accessible at the URL address https://yamamauto.com managed and animated by the company DUCHESSE ANNE.
– “Product”: all the goods identified in a Store and offered for sale by the Seller.
– “Seller’s Space”: personal account of a Seller and accessible thanks to his Identifiers allowing him to manage the Store, to manage his products, to follow Orders and payments.
– “Services”: all the free and/or paying Services offered online on the Platform.
o The Stores: shall designate the provision to the Seller of a dedicated virtual Store enabling the Seller to offer to the Buyers the possibility to place an Order for Products. The Store is directly managed by the Seller’s Space.
o Payment Service: shall designate the payment solution published by Stripe ;
– “STRIPE” shall designate the STRIPE company, an electronic payment institution holding a license granted by the Central Bank of Ireland, under number C187865, which is subject, as such, to all legal and regulatory obligations applicable to payment institutions under European law. STRIPE is the payment service provider managing the financial flows transiting through the Platform on behalf of the Sellers and the Operator [General Terms and Conditions of Service of Stripe: https://stripe.com/fr/legal ].
– “User”: means indifferently the Internet user visiting the Platform, the Sellers and/or the Buyers.
– “Seller”: means any association or club with a legal personality, or any individual and/or legal entity with the legal capacity to enter into a contractual commitment by registering on the Platform with a view to creating its Store.
– “Yamamauto” or “Operator“: publisher and administrator of the Platform as designated in the Legal Notice [ Legal Notice: https://yamamauto.com/mentions-legales/ ].
2. Description of the Platform
The Platform is a website shared by Sellers and Yamamauto allowing Users to access the Stores and/or Products marketed directly by Sellers.
The Platform allows Users to connect to the Stores in order to place an Order for a Product or to consult the advertisements and/or Products and to proceed to the withdrawal of the Product directly from the Seller.
Yamamauto offers via its Platform access to Services accessible to all Sellers.
Yamamauto does not guarantee that the Services will be maintained over time; they are likely to evolve according to improvements made to the Platform. As far as possible, Sellers/Users will be informed of these changes as soon as possible.
3. Entry into Force – Duration
The General Terms of Service come into force as soon as they are put online and apply to all Users.
The General Terms of Service take effect at each visit to the Platform, at each request for Membership by a Seller, at each request for registration by a User and at the date of each Order.
Yamamauto reserves the right to unilaterally revise, adapt or modify the General Terms of Service at any time. Yamamauto undertakes to notify Users of these adaptations, modifications or revisions via a banner appearing on the Platform and by sending an e-mail to Users with an Account. These adaptations, modifications or revisions will be effective within twenty (20) calendar days of their publication on the Platform.
In this situation, for any current Membership or Registration that has not been finalized, Order in progress and not executed, Yamamauto undertakes to apply the General Terms of Service applicable on the day of the Registration request and on the day the Order is placed.
In the event of a change in the financial access policy, the introduction of a new Service or any other substantial change in the terms and conditions stipulated herein, the General Terms of Service will be revised in accordance with the terms and conditions described above. In addition, Users must regularly consult the General Terms of Service in order to be informed of any changes.
4. Role of the Operator – Yamamauto
4.1 Yamamauto Intervention
The Platform published by Yamamauto aims to put Sellers and Buyers in touch with each other electronically, with a view to selling Products.
In its capacity as Operator, Yamamauto is not the owner of the Products marketed by the Sellers via their Store. Yamamauto has no control over the sale of Products and does not intervene in the transaction between the Seller and the Buyer.
The sale of each Product is governed directly by the General Terms and Conditions of Sale, which are accessible on the Seller’s Store. The Order is therefore concluded solely between the Seller of the Product and the Buyer. Yamamauto acts solely as a simple intermediary.
All information, Products, their prices and delivery terms are established by the Seller without Yamamauto’s intervention. Yamamauto’s remuneration is as follows:
– A commission is charged on sales of Products made by the Sellers;
– Sale of Packs ;
Under no circumstances do the General Terms of Service grant the Sellers the status of employees, representatives, agents or representatives of Yamamauto.
4.2 Fairness, Clarity and Transparency
As an intermediary, Yamamauto acts in a neutral, clear and transparent manner.
Yamamauto informs Sellers that they are required to update their tax and social security obligations concerning their activity and the transactions they carry out on the Platform via their Space.
In accordance with the provisions of Article 242 bis of the French General Tax Code (CGI ; https://www.legifrance.gouv.fr/codes/id/LEGISCTA000031781496 ), Yamamauto undertakes to:
– Deliver electronically to the tax authorities and to each Seller, at the beginning of each year and no later than January 31 of the calendar year, documents such as :
o Yamamauto’s identification details;
o The identification details of each Seller;
o Each Seller’s individual or professional status;
o A summary statement of all transactions and sales made by each Seller through the Platform during the previous calendar year;
o Where applicable, subject to the information provided by the Sellers, the details of the bank account to which the revenues are paid.
– Have this obligation certified by an independent third party before March 15 of each year.
– Provide all Users with information that is as precise as possible on their civil and tax obligations in connection with the sale of Products on the Platform. [Information regarding civil and tax obligations: https://yamamauto.com/faq-obligations-sociales-et-fiscales-des-vendeurs/ ]
Users are informed that Yamamauto does not favor any Seller by presenting a Store or its Products as a priority.
5. Terms and Conditions of Membership and Registration
5.1. Subcription of the Seller and obligation to have General Terms and Conditions of Sale (GTCS)
The Seller wishing to subscribe to the Services is invited to complete the Subscription form available on the Platform.
When validating the Membership, the Seller chooses a personal password.
To create a Store, the Seller must fill in the name of the Store and specify the name of the Url in the Membership form.
He will be assigned a Url of type https://yamamauto.com/store/…./.
Each Store can only offer one type of Pack. A Seller may create as many Stores as he has subscribed to Packs, provided that he gives a different and valid e-mail address for each Pack.
The General Terms and Conditions of Sale (GTCS) are mandatory in each Store. The Platform provides the Seller with a standard model of General Terms and Conditions of Sale (GTCS) which can serve as a basis [Standard model of General Terms and Conditions of Sale (GTCS): https://yamamauto.com/cgv-type/ ].
On the sole condition that they do not contradict YAMAMAUTO’s General Terms of Service (GTS), Sellers are free to adapt the General Terms and Conditions of Sale (GTCS) to the legislation applicable in their country, and are free to use another model, provided that their Store has General Terms and Conditions of Sale (GTCS).
The Sellers are autonomous and independent of each other. Sellers are third parties vis-à-vis Yamamauto.
At the end of each session, the Seller must ensure that they log out of their Account.
5.2 User Registration
The use of the platform is limited to users whose main residence is located in the European Union [excluding the outermost region (OR)]
To allow a User to use the Platform Services and/or to place an Order with a Store, the User must complete the Registration form. When validating his Registration, the User provides the Site with a valid e-mail address and chooses a password. The User ensures its validity over time. Upon validation of his Registration, the User will receive a message sent to the email address thus provided.
The User may also change the password received during Registration.
In the event of loss or theft or use of his Identifier and password by a third party, the User must immediately notify the Platform. After each use, the User must ensure that he leaves his Buyer Space and/or Seller Space at the end of each session, by logging out of his Account.
The User is responsible for maintaining the confidentiality of his Identifiers and password and his Account, and is fully responsible for any act involving the use of his Identifiers and password and/or his Account.
The User’s User IDs and password and Account are strictly personal.
The User Account to be valid must contain :
– If he is a buyer : an email address, a password
– If he is a non-professional Seller : an email adress, a password, his last name or usual name, his first name, his residential address, his country of residence in European Union, his telephone number, the name of his shop, the URL he chooses for his shop, his date of birth.
According to 1° to 3° of article 242 bis of the general tax code (CGI)( https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037526190/2018-12-31 ), whose conditions of application are specified in article 23 L. sexies of appendix IV to the CGI ( https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038009168/2018-12-31 ) in article 23 L. undecies of annex IV to the CGI ( https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038009313/2018-12-31 ), YAMAMAUTO as a sales platform has the obligation to make the identification of sellers who are natural persons not acting in a professional capacity when the gross total amount of transactions carried out by the seller on the YAMAMAUTO platform for the year in question is greater than or equal to €1,000.
YAMAMAUTO will therefore request an identity document (national identity card or valid passport) from any non-professional Seller who exceeds €1,000 in transactions over the year. In the event of difficulty for YAMAMAUTO to obtain an identity document, YAMAMAUTO will temporarily or permanently deactivate the Account of this Seller as well as his Shop, and will cease to provide him with his Services.The processing of personal data transmitted by the User is governed by the provisions of Article Personal Data (18) of the General Terms of Service and Yamamauto’s Data Protection Policy.
– If he is a Professional Seller (natural person or legal person): an email adress, a password, the company name or name of his company, his residential address, his country of residence in European Union, the surname or usual name of the responsible person, the first name of the responsible person, the name of his shop, the URL he chooses for his shop, his situation regards to VAT, the intra-community VAT number or if he does not have one, his identity numbers defined in article R.123-221 of the Commercial Code or, for a non-resident company, his registration number with the tax authorities of his own country.
The processing of personal data transmitted by the User is governed by the provisions of the personal data article (Article 19) of the General Conditions of Service and Yamamauto’s Data Protection Policy.
To validate his Registration, the User :
– declares on his honour that he is legally of age or an emancipated minor
– acknowledges having read and accepted the Yamamauto Data Protection Policy ;
– acknowledges having read and accepted the Terms of Service.
To validate an Order, the User must :
– declare on his honor that he or she is legally of age or an emancipated minor
– reiterate his agreement to the Yamamauto Data Protection Policy ;
– reiterate his agreement to the General Terms of Service;
– reiterate his agreement to the General Terms and Conditions of Sale (GTCS) of the Sellers’ Store whose items are part of the order.
5.3 User Subscription cancelling
The Buyer may close his Account at any time subject to compliance with his obligations, in particular payment obligations. To do so, the Buyer must contact Yamamauto by sending an email from the email address associated with his account to the address: contact@yamamauto.com. Within ten (10) calendar days, Yamamauto will deactivate the Account and will send the User an email confirming the closure of said Account.
The Seller may terminate his Membership on condition that he sends Yamamauto a registered letter with acknowledgement of receipt or an e-mail from the e-mail address associated with his Account to the address: contact@Yamamauto.fr, giving at least three (3) months’ notice and subject to compliance with his obligations, in particular payment.
6. Relationship between the Parties – Sellers and Users
Sellers expressly refrain from making commitments on behalf of Yamamauto and/or creating specific obligations with respect to the Services.
The Seller expressly refrains from doing so:
– to use the Platform to promote a site directly competing with the Platform or to promote Products sold on another site ;
– use the Platform to distribute or publish unsolicited advertising (spam), mass electronic communications, e-mail chains or pyramid schemes;
– use the contact information of other Users for any use other than in connection with an Order on the Site;
The Seller expressly undertakes that the contractual agreements he will enter into with Users and his Partners will not be in contradiction with the General Terms of Services (GTS).
The Seller expressly acknowledges that it is his personal business to manage the business with its Buyers, in particular to manage complaints and/or disputes.
The Seller undertakes to deal personally with all claims and/or procedures initiated by Users and/or Partners, regardless of the forms, objects, or nature of the claims and/or procedures that are directly or indirectly related to the operation of the Seller’s Store.
The User acknowledges being informed that any dispute arising between a Seller and a User shall be solely managed by the Seller, who alone is responsible for his Store and the Products marketed therein.
7. Sellers and Products
Each Seller declares that he resides in the European Union and that the point of departure from which each of his products is sent is located in the European Union at the address he mentioned when creating the account.
8. Online Reviews
The Platform allows Users to publish Reviews online.
In accordance with the provisions of Article L111-7-2 of the French Consumer Code, Yamamauto undertakes to provide Users with clear, transparent and fair information on the methods of publication and processing of online Reviews on the Platform.
8.1 Reviews on the store
Only Users who have placed an order with a Seller and paid for the product(s) ordered may leave a Review on the Seller’s Store. Once the Seller has mentioned “order status: completed”, the User who has ordered and paid for a product from a Seller may leave a Review on the Seller’s Store. A User may leave only one Review per Store, regardless of the number of orders placed. If he has posted a review, he can then modify it according to the new experiences he has with the Seller. The date of the initial Review is mentioned and is not subsequently changed.
8.2 Product Review
For each advertisement, the Seller has the choice in the Product Sheet to authorize or not the Review of the Product. Only users who have placed an order for a Product and paid for the Product ordered, can leave a Review on the Product’s Sales Sheet. Once the Seller has mentioned “order status: completed”, the User who has ordered a product from the Seller can leave a Review on the Product Sales Sheet. The date of the Review is mentioned.
9. Price
The price is in euros and includes all taxes.
Subscriptions are detailed on the Platform.
The Platform offers two types of Subscriptions:
– A Subscription in the form of Packs, allowing to sell Products directly in return for the payment of a commission on the price of the Product;
– A Subscription in the form of Packs, allowing only the publication of ads in the Store without the possibility of Ordering from the Platform.
In addition to these Subscriptions, there may also be paying options. The Seller may select possible paying options, presented on the “price” page of the Site [ https://yamamauto.com/tarifs/ ]
10. Order
When the Seller acquires a Subscription (Pack) or an option, he explicitly acknowledges that he is bound to pay for its Order.
At any time prior to payment of the Order, the Seller may :
– check the details of his Order in his Shopping Cart, namely the Subscriptions and/or options selected, any price reductions, the total price including all taxes,
– add or remove Subscriptions and / or options.
The Seller confirms his Shopping Cart and arrives at the Order Validation page.
On the Order Validation page, the Seller indicates his billing address and checks the Order summary that is displayed.
To place an Order on the Order Confirmation page, the Seller shall :
– declare on his honor that he or she is legally of age or an emancipated minor,
– acknowledges having read, understood and accepted the Terms of Service (TOS),
– acknowledges having read, understood and accepted the data protection policy,
– acknowledges having understood and accepted that in application of the provisions of Article L. 221-28 of the Consumer Code he has no right of withdrawal,
– must click on “order with obligation to pay”.
Orders are placed in French language and in Euros. The Order implies acceptance of the prices and main characteristics of the Product.
As soon as the Seller clicks on “order with obligation of payment”, the Order shall be binding.
11. Order Confirmation
In the case of an Order with a payment obligation, the Seller is then invited to pay for the Order directly on Stripe’s website.
After validation of the payment of the Order, the Seller will automatically receive a confirmation email confirming the receipt and details of his Order (content and number of the Order, total price paid, balance to be paid for Orders).
This e-mail constitutes the Agreement between the Platform and the Seller. It is recommended that the Seller save this Email in order to keep a proof of the Order.
The Seller may, in any event, at any time, by logging into its Account, have access to the various elements relating to its Subscriptions and, where applicable, its options.
12. Payment and financial terms
The sum is to be collected at the debtor’s place of domicile and non transferable.
The accepted means of payment are :
– CB (bank card).
When he wishes to purchase a Pack or a Product, the User will be redirected to the secure site corresponding to this choice in order to proceed to the payment.
Users are informed that all online payments on the Platform are made via the payment service provider Stripe.
All responsibilities related to the management of financial flows through the Platform are delegated to Stripe.
The User identifies the type of bank card he uses to make the online payment. The main cards accepted are Visa®, Mastercard®, American Express®. The User fills in the fields provided for this purpose (e-mail address, card number, validity and control number on the back of the card). The User can then either cancel and return to the Shopping Cart or click on “Order and Pay” to confirm and pay for the Order.
The bank details communicated are neither known nor kept by the Platform. They are only control data between the User and the bank.
Payment is made in cash on the day of the Order.
The Order will be validated only after full payment of the price. In the event of failure to pay, the User will lose the benefit of his Shopping Cart and will have to place a new Order.
As part of the fight against fraud, STRIPE provides the following security: authentication via two identification factors in accordance with the provisions of the Payment Service Directive 2 (DSP2) of January 13, 2018.
Payment is made upon effective collection of the price on the STRIPE platform.
13. Absence of right of withdrawal
Pursuant to the provisions of Article L. 221-28 of the French Consumer Code, and insofar as, by subscribing to a Subscription :
– The User accepts that his Subscription takes effect on the day of the payment of his Order, that is to say before the legal retraction period of fourteen (14) days;
– The User has expressly waived his right to exercise his right of withdrawal when confirming his Order.
The User does not benefit from any right of retraction, which he expressly acknowledges and accepts.
14. Distinctive Elements of the Platform – Intellectual Property
The “Yamamauto” sign is registered as a trademark. The domain name yamamauto.com is protected. These elements may not be used without the express authorization of Yamamauto. The same applies to the distinctive signs of the Partners. These elements cannot be used without the express authorization of their owner.
The User acknowledges that the content accessible on the Platform, including, but not limited to, texts, the directory, computer programs, music, sounds, photos, graphics, videos present on the Platform are protected by copyright, trademark law or any other rights and laws relating to intellectual property. The User acknowledges that he is authorized to use these elements and information only within the limits expressly set by the General Terms of Service.
The General Terms of Service do not entail the transfer of any of these intellectual property rights to Users. Consequently, the latter formally refrain from reproducing and/or using all or part of the content that appears or is available on the Platform and all or part of the Platform itself. Users are also prohibited from copying, modifying, altering, translating, reproducing, distributing, selling, publishing, exploiting or disseminating in any manner whatsoever and in any form or medium whatsoever the said elements. Violation of these mandatory provisions subjects the offender, and any person responsible, to the criminal and civil penalties provided for by law.
Any use not expressly authorized by Yamamauto under the Terms of Service is illegal, in accordance with articles L 122-4 and L 122-6 of the French Intellectual Property Code. In particular, the User is prohibited from :
– any representation, distribution or commercialization of the elements of the Platform, whether free of charge or in return for payment;
– any form of use of the Platform in any way whatsoever for the purpose of designing, producing, distributing or marketing a similar, equivalent or substitute service;
– any direct or indirect provision of the Platform to a third party, in particular by rental, transfer or loan, even free of charge, unless Yamamauto has given its prior written consent;
– any use for processing not authorized by Yamamauto.
In addition, the Platform constitutes a database belonging to Yamamauto and accessible to Users.
The User has no right to reproduce, adapt, translate, or represent the database outside the limits strictly defined in the General Terms of Service.
In application of articles L 342-1 et seq. of the Intellectual Property Code, the User is prohibited from doing so:
– to extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the contents of the Platform on another medium, by any means and in any form whatsoever;
– to reuse all or a qualitatively or quantitatively substantial part of the content of the Platform by making it available to the public;
– to extract or reuse repeatedly or systematically qualitatively or quantitatively insubstantial parts of the content of the Platform when these operations manifestly exceed the normal conditions of use of the Platform;
– to commercially exploit its access rights to the Platform with third parties.
The User is authorized to set up hypertext links from another website to the Platform’s pages accompanied by a short description.
Under the right of quotation, the User is authorized to reproduce on any other medium a short extract from a page of the Platform by giving the origin of the information in the following manner: “source Yamamauto, https://yamamauto.com, all rights reserved”.
Any reproduction of all or part of the Platform for any purpose other than consulting the Platform or for Subscription to or Registering for Services is prohibited without the authorization of Yamamauto or its Partners.
15. Distinctive elements of the Stores – Intellectual property of the Sellers
The Seller acknowledges that he is the owner of the rights or has the authorization of the holders of the rights allowing it to reproduce or have reproduced trademarks, logos or slogans and any other element given to Yamamauto for the creation of the Store.
The Seller authorizes Yamamauto to use the said elements in the context of the performance of the Service.
As such, the General Terms of Service do not give rise to any rights, in particular intellectual property rights, in favor of Yamamauto. The Seller grants a temporary license to the Platform to allow the Service to be used. In addition, the Seller authorizes YAMAMAUTO to use the said elements for the purposes of promoting the Site and to reproduce them in the context of Newsletters or promotional announcements with a view to optimizing the visibility of the Site.
16. Liability
16.1 Access and operation of the Platform
Yamamauto is only bound by an obligation of means when providing the Services and making the Platform available.
The Platform is based on technologies developed by third parties. Yamamauto undertakes to implement all necessary means to ensure continuous access to the Platform. However, in order to ensure the technical maintenance of the Platform, access may be interrupted from time to time. As far as possible, the Platform will make every effort to inform Users of such interruptions. Users must ensure that their computer hardware and software installed to access the Platform are compatible.
Yamamauto declines all responsibility in the event of any damage that may result from the unavailability of the Platform or a problem with connection to the Platform.
16.2 Registration or Membership on the Platform
Yamamauto excludes all liability in the event of a possible delay in accessing the Services over the announced indicative period. Such delay does not entitle the User to request cancellation of the Membership, to refuse the Service or to claim damages for any reason whatsoever.
YAMAMAUTO’S LIABILITY WILL ONLY BE ENGAGED IF IT IS ESTABLISHED THAT THE DAMAGE REPORTED IS THE RESULT OF ITS OWN ACTIONS AND IF THERE IS A DIRECT AND CERTAIN CAUSAL LINK BETWEEN THE ALLEGED FAULT AND THE DAMAGE.
In any event, Yamamauto’s liability shall not exceed the sum of one hundred (100) euros (inclusive of tax) for all types of damage.
16.3 Items published by the Sellers
– Relating to ads
The Seller undertakes to write honest and truthful advertisements.
The Operator places at the disposal of the Sellers a detailed Editorial Charter in the FAQ [EDITORIAL CHARTER: https://yamamauto.com/faq-charte-redactionnelle/ ].
The Editorial Charter aims to offer a quality experience to the User and potential Buyer who visits the Site.
Any ad that does not comply with the Editorial Charter may be taken offline by the Operator in order to allow the Seller to rectify the ad.
The Seller and the Users also undertake not to create links to sites external to Yamamauto.
In the event of repeated posting of non-compliant advertisements online, Yamamauto wil terminate the Seller’s Account.
– Relating to Products
The Seller guarantees Yamamauto that the Products sold in the Store do not infringe the rights of third parties and do not constitute an infringement of trademarks, designs or models, patents or pre-existing works.
The Seller guarantees Yamamauto against any action for infringement that may be brought against it by any individual or legal entity claiming an intellectual property right relating to the Products sold in the Store.
The Seller shall indemnify Yamamauto for any prejudice it may have suffered as a result of such action.
Otherwise, Yamamauto reserves the right to deny them access to the Platform.
– Relating to Links
It is forbidden for any user to put links that point to one or more Internet pages external to Yamamauto, and this, from any place of the Internet site (in particular from the products and advertisements, the shop, your Conditions General Sales…). No incitement to go and see external sites is authorized [regardless of the mode of incitement: written address without link, pseudonyms chosen pertinently for the purpose of incitement (thingcom, thingummypointfr, etc.), photos with addresses mentioned in the photos or any other mode of inducement].
Exception: in advertisements in the DIRECTORY category, one link and only one link leading to an Internet page external to Yamamauto is authorized. The link must point to a website that belongs to you (not to a social network or another marketplace).
In products and advertisements of other categories (DOCUMENTATION, VEHICLES, PARTS & ACCESSORIES, MINIATURES, AUTOMOBILIA, MATERIALS & TOOLS, EVENTS, RESEARCH), is authorized in the same product or advertisement a maximum of 5 internal Yamamauto links and leading to products or ads from the same account.
In the event of non-compliance with these rules relating to links, Yamamauto will terminate the Seller’s Account.
16.4 Information and content published by Partners
Partners are solely responsible for the information and announcements they publish on the Platform.
Yamamauto cannot be held responsible for false statements made by a third party or a Partner.
YAMAMAUTO’S LIABILITY WILL ONLY BE ENGAGED IF IT IS ESTABLISHED THAT THE DAMAGE REPORTED IS THE RESULT OF ITS OWN ACTIONS. NO LIABILITY OF YAMAMAUTO WILL ARISE FROM THE BREACH BY A THIRD PARTY OR PARTNER OF THE TERMS AND CONDITIONS OF SERVICES.
In any event, including in the event that all or part of this clause is annulled by a final decision, but except in the event of serious, gross or willful misconduct, Yamamauto’s liability with respect to Professional Users is limited to 50 (fifty) euros per contractual year. This ceiling represents the maximum amount that Yamamauto may be required to pay in respect of its contractual liability, all damages combined, including any penalties it may have to pay.
16.5 Loss or Fraudulent Use of Identifiers
Yamamauto will not be liable for any loss or damage that may result from the loss or fraudulent use of the User’s Identifiers.
17. Sellers and payment system
Sellers who have taken out a Subscription-Pack allowing them to offer products in the DOCUMENTATION, PARTS & ACCESSORIES, MINIATURES, AUTOMOBILIA and EQUIPMENT & TOOLS categories undertake to provide buyers with an authorized payment system on the YAMAMAUTO platform.
The payment systems currently authorized on YAMAMAUTO are: STRIPE.
Failing to offer an authorized payment system to buyers, sellers who have taken out a Subscription-Pack allowing them to offer products in the DOCUMENTATION, PARTS & ACCESSORIES, MINIATURES, AUTOMOBILIA and EQUIPMENT & TOOLS categories will be notified by YAMAMAUTO of their commitment to provide buyers with an authorized payment system on the YAMAMAUTO platform.
Failing to provide an authorized system means to buyers within 20 days of notification by YAMAMAUTO, sellers who have taken out a Subscription-Pack allowing them to offer products in the DOCUMENTATION, PARTS & ACCESSORIES, MINIATURES, AUTOMOBILIA and EQUIPMENT & TOOLS categories will have their account suspended until they offer an authorized payment system. Failing to provide an authorized system means to buyers within 1 year of notification by YAMAMAUTO, sellers who have taken out a Subscription-Pack allowing them to offer products in the categories DOCUMENTATION, PARTS & ACCESSORIES, MINIATURES, AUTOMOBILIA and MATERIEL & TOOLS will have their account terminated.
18. Insurance
Each of the Parties declares that it is insured, in particular for professional civil liability, with a company known to be solvent and that it keeps all insurance policies up to date, to cover all damages caused to the other Party or to any third party and resulting from the performance or non-performance of the General Terms of Service.
19. Prescription
Any liability action against the Platform is time-barred one (1) year after the occurrence of the event giving rise to the damage.
20. Personal Data
Each of the Parties undertakes to comply with the applicable regulations relating to the protection of personal data (hereinafter the “Data Protection Policy”: https://yamamauto.com/politique-de-protection-des-donnees/ ), including but not limited to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data of April 27, 2016 (hereinafter the “PDPR” : https://www.cnil.fr/fr/reglement-europeen-protection-donnees ) and Law No. 78-17 of January 6, 1978 relating to information technology, files and liberties as amended.
20.1 Data Processing carried out by Yamamauto
As part of the operation of the Platform, YAMAMAUTO collects Personal Data.
For this purpose, the person responsible for processing personal data is Yamamauto, domiciled at the above-mentioned address.
The User, as a natural person, is informed that the information collected is subject to computer processing for the purpose of carrying out operations relating to :
– User Registration and Sellers’ Memberships: management of Accounts and Stores;
– Subscription payments;
– the management of requests for access rights.
Yamamauto indicates to the User the data required to provide its Services by placing the following sign: “*”. If the User does not reply to the fields indicated as mandatory, the User will not be able to join or register and benefit from the Services provided by Yamamauto.
The recipients of the data are :
– the persons in charge of the marketing department, the sales department, the departments responsible for processing and managing the user relationship and canvassing, the administrative departments, the IT and technical departments as well as their line managers and legal service providers;
– Yamamauto’s subcontractors.
All individuals have the right to access, rectify, delete and limit information concerning them, and to define general and specific guidelines defining the manner in which they intend to exercise these rights after their death, which they can exercise by contacting Yamamauto or the Platform publisher at the email address [dpo@yamamauto.com] or by post at the address given in the Legal Notice [ https://yamamauto.com/mentions-legales/ ].
Individuals also have the right to object to the processing of their personal data, as well as the right to object to the use of such data for commercial prospecting purposes.
The person on file also has a right to the portability of his data. In accordance with Article 20 of the General Regulations on the Protection of Personal Data, the person concerned has the right to receive the personal data concerning him/her that he/she has provided to Yamamauto, in a structured, commonly used and machine-readable format, and has the right to transmit such data to another data controller without Yamamauto to which the personal data has been communicated obstructing this.
Finally, the person concerned may, if necessary, file a complaint with the CNIL [ https://www.cnil.fr/fr/plaintes ]. To do so, he or she may contact the CNIL by mail or by telephone [information available here: https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil ].
They may exercise these rights by providing proof of their identity and by contacting Yamamauto at contact@yamamauto.com or by mail to Société Duchesse Anne 10 boulevard de la Duchesse Anne, 35740 Pacé.
The individual is also informed that Yamamauto will keep the data transmitted according to the criteria and recommendations of the CNIL available in the former reference standard: simplified standard no. 48.
20.2 Processing carried out by the Sellers
As part of the operation of the Store, the Seller may collect personal data from Buyers in order to execute Orders placed on the Store.
The Sellers are responsible for the processing of the data thus carried out.
To this end, the Seller shall be co-responsible for the processing.
When processing the personal data of the Buyers in the context of the use of the Platform, the Seller undertakes to comply with the applicable regulations on the protection of personal data. In this respect, the Seller undertakes to :
– to process personal data only for the sole purpose of fulfilling the Orders placed via the Store ;
– to collaborate with Yamamauto in connection with requests to exercise the rights of the Buyers;
– to ensure that security measures are put in place to ensure the confidentiality of the Buyers’ data.
In this situation, Yamamauto will provide the Seller with all the means in its possession to enable it to meet its obligations regarding the security and confidentiality of the data collected.
21. Termination
Yamamauto reserves the right to temporarily or permanently deactivate a User’s Account or a Seller’s Store, to terminate it and to stop providing Services in the following cases:
– in the event of a violation of the General Terms of Service, or in case of repeated violation of the editorial charter [https://yamamauto.com/faq-charte-redactionnelle/]
– if Yamamauto is unable to verify or authenticate the information provided, and the User does not comply with Yamamauto’s verification and/or authentication requests (see in particular Article 5.1);
– in the event of non-compliance with the linking policy (article 16.3);
– in the event of non-provision of an authorized payment system to buyers, by sellers who have taken out a Subscription-Pack allowing them to offer products in the categories DOCUMENTATION, PARTS & ACCESSORIES, MINIATURES, AUTOMOBILIA and EQUIPMENT & TOOLS (article 17 );
– if the User’s actions are likely to engage the responsibility of Yamamauto, that of another User;
– if the Account remains inactive for a period of thirty (30) months.
In the event of a breach by one Party of any of its obligations under the General Terms of Service, the Party that is the victim of the breach may give the other Party formal notice by registered letter with acknowledgement of receipt to remedy the breach within a maximum period of fifteen (15) calendar days.
If, at the end of this period, the breach has not been remedied, the Party that has been the victim of the breach may automatically terminate the General Terms of Service by registered letter with acknowledgement of receipt, without prejudice to any damages it may claim.
22. Notifications
The Platform compiles data of an informative nature. Any content likely to be litigious may be reported to Yamamauto in accordance with the following terms and conditions.
– Mandatory notification according to article 6. I. 7 of the law of 21 June 2004
Pursuant to Article 6. I. 7 of the Law for Confidence in the Digital Economy of June 21, 2004 (No. 2004-575), the User must inform Yamamauto of any message advocating crimes against humanity, inciting racial hatred, relating to child pornography, inciting violence or offending against human dignity.
– Content that may be illegal
Users who believe that content on the Platform is likely to be inaccurate, or even illegal, offensive or defamatory, are invited to file a notification.
The notification shall take the form of an e-mail addressed to the Platform or a registered letter with acknowledgement of receipt. In this notification, the User declares his surname, first names, (for a legal entity, its corporate name and RCS number), address and a description of the disputed facts.
The notification must include the description of the disputed facts and their precise location on the Platform, the reasons why the content must be removed, including the mention of legal provisions and justifications of facts. As far as possible, the User must forward a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or the justification of the fact that the author or publisher could not be contacted.
The Platform undertakes to react promptly to any notification from a User made in the forms and at first sight well-founded.
The Platform will take care to preserve the anonymity of the author in question, while reserving the right to take appropriate measures against him, starting for a Seller by his exclusion from the Platform.
23. Comments, reviews, communications and other content
Users of the Platform may send it reviews, comments or any other content; submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailing, chains or any other form of “spam”.
The User must not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content.
24. Independencies
As the Parties are independent legal entities, the General Terms of Service are only binding on them for the purposes stated therein. Consequently, the provisions of the General Terms of Service cannot be interpreted in any way as creating any kind of company between the Parties. Furthermore, neither of the Parties may bind the other in any way whatsoever and towards anyone, other than in accordance with the provisions of the Terms of Service.
25. Advertising – hypertext links
The Platform may display advertisements generated by third parties. The Platform and Yamamauto have no control over the content of the advertising visible to the User.
The Platform may contain links to websites administered by third parties.
Yamamauto cannot under any circumstances exploit or control the information, products and services presented on these third party sites. The links are included solely for practical purposes and do not constitute any commitment on the part of Yamamauto.
The User assumes full responsibility for the use of links to third party sites.
The User is informed that any link to a third party site is detrimental to the proper operation of the Yamamauto Platform.
26. Application of the General Terms of Service – Severability – Interpretation
The fact that Yamamauto does not exercise, at any time, a prerogative recognized by the General Terms of Service may in no way be interpreted as an express or tacit renunciation of the right to exercise said prerogative in the future.
Furthermore, the recognition of the invalidity of a clause will not affect the validity of the rest of the General Terms of Service and any other clause.
In the event of a contradiction between a provision of the General Terms of Service, the Legal Notice or any other mention on the Platform, the General Terms of Service shall prevail.
27. Applicable law and competent court
The General Terms of Service and any document or content published on the Platform are subject to French law.
The General Terms of Service are published in French and available in English. In case of conflict between the different translations, the French version will be the reference version.
Any dispute or controversy relating to the validity, interpretation or execution of the General Terms of Service shall be primarily settled amicably between the Parties.
ANY PERSISTENT DISPUTE BETWEEN YAMAMAUTO AND A PROFESSIONAL USER RELATING TO THE INTERPRETATION AND EXECUTION OF THESE TERMS AND CONDITIONS WILL BE BROUGHT BEFORE THE COMMERCIAL COURT OF RENNES.
For “consumer” Users, any complaint must be sent to Yamamauto by registered letter with acknowledgement of receipt to the address of the registered office.
In the event of failure to make a claim or in the absence of a response from this service within two months, the consumer User may, if he so wishes, submit the dispute relating to the General Terms of Services opposing him to Yamamauto to a mediator: AMBO – Association de Médiateurs Bretagne Ouest 12 Rue Colbert BP37 56100 LORIENT ( https://www.ambo.bzh/ )
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
ANY DISPUTE IN THE INTERPRETATION AND EXECUTION OF THIS AGREEMENT SHALL BE BROUGHT BEFORE THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF RENNES.