General conditions of use of the GOBRANDS MARKET Platform


Welcome to the B2B GOBRANDS MARKET platform (hereinafter “GBM”), an online wholesale marketplace that connects brands and retailers, accessible at www.gobrandsmarket.com (hereinafter the “Platform "). These general conditions of use (the “T&Cs”) define the conditions and terms of access and use of the Platform and the Service by Users and Members. The T&Cs apply to any User of the Platform, whether they are a Member or not. Use of the Marketplace expressly depends on acceptance of all of the GBM T&Cs to the exclusion of all other conditions.


DEFINITIONS

The following terms used will have the definition assigned to them below, unless otherwise stipulated in these T&Cs:

“Content”: means any data provided by a Member on the Platform, in particular any Product, information, text, name, sign, image, sound, video, logo and any other element.

“Distributor” or “Brand”: designates a Member who presents, manufactures, offers, distributes, wholesales Products through the Platform to professional Buyers.

“Retailer” or “Buyer”: means an eligible Member who wishes to purchase or purchases the Products via the Platform.


DESCRIPTION OF SERVICES

The purpose of the Platform is to connect Distributors (or Brands) and Retailers for the purchase of Products by eligible Retailers who wish to purchase them through the Platform.

The Platform aims to offer its Services exclusively to professional Users and Members, whether Distributors or Retailers, to the exclusion of consumers and non-professionals. In the context of these T&Cs, professional means any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, including when he acts in the name or on behalf of another professional. Failing this, the User, whether a Distributor or Retailer, undertakes to immediately cease any visit to the Platform and, where applicable, not to register on the Platform.

Sales of Products take place only between Retailers and Distributors (or Brands), who decide alone, and at their sole discretion, on the conclusion of contracts through the Platform. GBM is neither seller nor reseller nor owner of the Products distributed through the Platform, never comes into possession of the Products offered for sale, does not store the Products and is not their depository in any way. it would be. GBM cannot therefore be held responsible for acts or omissions potentially committed by the Distributor (or Brand) or the Retailer on its Platform.

The Platform and Services are free for Retailers, who do not need to make any payment to GBM. Payments made by Retailers on the Platform are intended for Distributors, who pay a commission for the intermediation services provided by GBM on purchases made by Retailers on the Platform.



TERMS OF ACCEPTANCE OF THE T&Cs, MODIFICATIONS OF THE T&Cs

These T&Cs govern the relationship between GBM and each User, and take precedence over any other document. By visiting or accessing the Platform and using the Service, the User or Member expressly agrees to be legally bound by all the stipulations of the T&Cs. If the User or Member does not accept these T&Cs, he/she undertakes to immediately cease any visit to the Platform and, where applicable, not to register on the Platform.

These T&Cs constitute the agreement between GBM and the Buyer concerning the terms of provision and use of the Website and the Marketplace, from the placing of an order to after-sales service, including payment and delivery.

When the Products are sold, a sales contract is formed solely between the Buyer and the Seller, GBM is not a party to said sales contract and assumes no liability in this regard. GBM does not act as mandatary or agent of the Sellers, except with regard to invoices, for which the Sellers have mandated GBM to prepare and transmit to the Buyers said invoices.


ACCESS TO THE PLATFORM AND THE SERVICE

The Platform is accessible to any User, whether registered or not. However, access to the Service and use of all of its features requires the prior registration of the User as a Member. GBM reserves the right to accept or refuse the Member's registration request, in accordance with the terms specified on the Platform at the time of registration. The registration of a legal entity as a Member must only be made by a natural person authorized to represent it.

GBM reserves at any time and at its sole discretion the right to suspend or interrupt access to the Platform and/or the Service, in whole or in part, in particular for maintenance interventions, operational needs, internal choices or in case of emergency.

GBM reserves the right, at any time and in its sole discretion, to remove or modify any Content, including, but not limited to, for technical, commercial or practical reasons. It is understood that such interventions cannot under any circumstances give rise to GBM liability, nor give rise to compensation or damages for the benefit of a Member or User.


Any Member who wishes to delete their account can do so directly through the Platform or by sending their deletion request to GBM at the following email address: hello@gobrandsmarket.com


As a simple intermediary, GBM does not control the information provided by Members and made public on the Platform. GBM provides no warranty of any kind, the Platform and the Service being provided “as is” and “as available”. GBM does not guarantee that access to the Service or the Platform is uninterrupted or error-free.


REGISTRATION AND LOGIN TO THE MARKETPLACE

Registration for the Marketplace is free.

To access all the features of the Platform and to order Products, the User must first register on the Platform as a Member and provide all the information and documents requested, which allows them to access to all the functionalities of the Platform and the Service. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Failing this, GBM reserves the right not to validate the registration.


GBM offers two types of Accounts. The first is a “Retailer Account” for buyers who purchase goods through the Services with the intention of reselling them (“Retailers”). The second is a “Brand Account” for sellers who offer to sell their goods to Retailers through the Services (“Brand”). Each type of Account provides access to different aspects of the Services.

 

RETAILER ACCOUNT

To purchase goods through the services as a Retailer, you must create a Retailer Account, which is free. When registering, the Buyer must provide the following information:

- First and last name

- E-mail address

- Password

- Name, contact details and SIRET/VAT number of the company

- Areas and types of products resold

 

Buyer will provide GBM with accurate, complete and up-to-date registration information. It will be the Buyer's responsibility to maintain the confidentiality of his password. Any connection to the Marketplace using a Buyer's identifiers and passwords is deemed to have been made by the Buyer.

The Buyer undertakes to update the information provided when registering on the Marketplace as quickly as possible. The Buyer is solely responsible for any direct or indirect damage that he may suffer in the absence of updating this information.


BRAND ACCOUNT

To sell products through the Services as a Brand, you must submit an application to GBM and be approved. The purpose of the request is to obtain basic information about you, your business and your products.

The Member undertakes to communicate, at the time of registration, accurate, sincere, complete and up-to-date information, and to rectify it subsequently if it proves to be obsolete. In the event of non-compliance with this obligation by the Member, GBM reserves the right to suspend or close the Member's account, and to refuse any access to the Service to the Member. Each Member will be solely responsible for the consequences that may result from the provision of misleading, invalid or erroneous information to GBM and/or any other Member.

Each Member undertakes to create and use only one account, except with the prior and express agreement of GBM. Upon registration, and for any subsequent connection, the Member will be able to access their account by providing their login and password.

The use of the Member's login, associated with their password, creates an irrefutable presumption of access and use of the Service by this Member or under their control. In the event that he becomes aware of access to his account by a third party, the Member undertakes to immediately change his password and to inform GBM without delay by email to the address: hello@gobrandsmarket.com

The Member has an obligation to act in good faith and with respect in its relations with GBM and other Members.


CONDITIONS OF SALE OF PRODUCTS BETWEEN DISTRIBUTORS AND RETAILERS

The conditions applicable to the sale of the Products are those defined by the Distributor, of which the Retailer is invited to read before validation of his order, it being specified that the conditions of delivery, validation of the Products and applicable payment will be those defined in the these T&Cs and on the Platform, and that in the event of contradiction with the Distributor's general conditions of sale on these points, these T&Cs and the information appearing on the Platform will prevail.

Where applicable, additional conditions may apply between the Distributor and the Retailer, such as the conditions applicable to the sale of the Products, to any commercial cooperation services, and to any other obligations intended to promote the commercial relationship.


PLACING AN ORDER

The Buyer places his order on the Marketplace and in compliance with the procedure provided and explained by the Marketplace: accessible 24 hours a day, 7 days a week, except in the event of voluntary or unintentional interruption, in particular for maintenance or repair needs. force majeure.

Upon receipt of an order issued by the Retailer via the Platform, the Distributor may accept, modify or refuse it. The Distributor undertakes to do so within the time frame and under the conditions indicated on the Platform.

The Retailer accepts that the Distributor is solely responsible for preparing the order, transporting it and delivering it to the delivery location agreed with the Distributor. All orders will have a package identification number communicated by the Distributor, and where applicable by GBM.

It is planned, from the registration of the order placed, the sending of an Email. This email confirms that the Buyer's order has been taken into account by GBM and the Seller(s) concerned and not that the Product ordered is available.

When the order is delivered, the Retailer signs the Distributor's delivery note and gives it to the carrier, and validates the delivery through the Platform. Upon physical receipt of the Products, the Retailer undertakes to validate on the Platform the conformity of the order received, before the Dispute Deadline.


On the Validation Date or at the expiration of the Dispute Deadline, an Invoice is established by GBM in the name and on behalf of the Distributor and sent to the Retailer. On this same date, all elements of the Invoice will be frozen, including the date of issue of the Invoice corresponding to said Validation Date or the Dispute Deadline, and the Invoice then issued will constitute an irrevocable payment order. The Retailer explicitly and without reservation acknowledges that it can no longer contest the conformity of its order or the Invoice on this date.


APPLICATION OF PROMO CODES

The Retailer may use the promotional codes and vouchers of which it has been the recipient or beneficiary to pay for all or part of the order, the balance remaining due and payable by direct debit. The Retailer accepts that limitations may apply to the use of these promotional codes and vouchers, for example use limited to one promotional code per order. In addition, the Retailer accepts that GBM is free at any time to modify and terminate, at its sole discretion, any promotional code or voucher program, without this resulting in any compensation for the Retailer.


As soon as the Retailer has placed an order for Products on the Platform, his company name, his first and last name, his registration number, the address of the head office and the address of the place of delivery as well as his contact details, will be communicated to the Distributor for the purposes of the order. The Retailer undertakes to comply with the legislation applicable to the collection and processing of personal data that it communicates to the Distributor as part of the sales process, and to inform any natural person concerned of the transmission of their personal data to the Retailer.


The orders placed by the Retailer are independent of each other. The fact that one or more Products ordered from one or more Distributors on the Platform is not available is not a reason for renunciation of all of the Products ordered, the Retailer being required by ordering other available Products.

If the Product(s) ordered are not received, the Retailer must file a complaint with the Distributor, GBM reserving the right to intervene in order to facilitate the resolution of the complaint.


In the event that GBM notices, following an alert from a Member or its own action, the sale of Products not complying with these T&Cs, GBM reserves the right to:

Remove products from the Platform.

Block or suspend the Distributor's account.


The Retailer undertakes to respect all laws and regulations relating to the acquisition and purchase and resale of goods of all kinds. In the event that GBM becomes aware of any act or behavior of a Member outside the Platform with a view to diverting all or part of the Retailers from the Platform or to encourage all or part of the Retailers not to or no longer purchase on the Platform, potentially unfair, harmful, anti-commercial, denigrating, defamatory, offensive or harmful with regard to GBM, the Platform, any Member and/or any third party or infringing with regard to GBM of any other In accordance with applicable laws and regulations, GBM reserves the right to terminate these T&Cs upon notification with immediate effect.


RESTRICTIONS AND PROHIBITED USES OF THE PLATFORM

The Member is prohibited from using the Platform and/or the Service in order to:

- post or distribute Content that is offensive, inappropriate, obscene, abusive, violent, harmful, racist, insulting, defamatory, slanderous, denigrating, misleading, discriminatory, intended to harass, threaten, embarrass others, likely to incite racial hatred, religious or ethnic, to violence, to violate human dignity or the privacy of others, illegal or contrary to the laws in force.

- divert or attempt to divert all or part of the Users of the Platform or to encourage all or part of the Users not or no longer to buy or sell on the Platform.

- circumvent, divert or unfairly obstruct a service subject to remuneration on the Platform.

- publish or distribute Content in violation of the intellectual property rights of any third party or likely to be classified as misappropriation, fraud, breach of trust or fall under any other criminal offense.

- obtain or attempt to obtain the transfer of sums of money without there being in return the delivery of a Product conforming to these T&Cs of a value equivalent to the sums requested.

- transmit a computer virus, worm, Trojan horse, logic bomb or any other malicious or malicious file, program or form of code, intended to damage, interrupt, suspend, destroy and/or limit the functionality of any computer or telecommunications equipment .

- engage in commercial or advertising activities of all kinds (including sending unsolicited promotional messages, spam, competitions, etc.), or solicit payments or donations online.

- access, use or attempt to use the account, login and/or password of another Member or impersonate another Member in any way.

- use the Services in a manner not authorized by these Terms.

- when accessing and using the Service, carry out the following operations: request, or in any case try to collect, obtain or store personal information, passwords or account information or any other type information relating to other Members.

- use in-depth data mining tools, robots or any other similar tool for collecting and extracting data relating to the Platform.

- limit, suspend or prevent any person from using or accessing the Platform and/or the Service or interrupt their access to the Platform and/or the Service, including, but not limited to, acting in any manner whether to interrupt Members' real-time exchanges.

- interfere with the operation of the Platform, servers or network connections to the Platform. Avoid, circumvent, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GBM.

- carry out any act likely to damage the image of the Platform or constitute acts of unfair or parasitic competition with regard to GBM or any other Member.

- violate the requirements, procedures, policies or regulations relating to the networks connected to the Platform and/or the Service.



More generally, the Member refrains from any act or conduct likely to infringe in any other way the rights of third parties, the laws and regulations in force and any contractual clause binding the Member.


HYPERTEXT LINKS

The Website may contain or direct you to third party websites. Although GBM strives to avoid this, some of these websites may contain information that some people may consider offensive or inappropriate. GBM makes no representations regarding any content appearing in or accessible via the Services, and GBM cannot be held responsible for the accuracy, compliance with copyright, or legality of the elements appearing in or accessible via the Services. Links to such sites or resources do not imply endorsement by GBM of such sites or resources or the Content, products or services available on such sites or resources. You acknowledge that you are solely responsible for and assume all risks arising from your use of such sites or resources or the Content, products or services available on such sites or resources.


ENTRY INTO FORCE AND DURATION OF THE T&Cs

With regard to the User, these T&Cs come into force from the User's first access to the Platform, and remain valid for the entire duration of their navigation on the Platform.

As an exception to the above, the T&Cs come into force for an indefinite period with respect to any Member, from their registration, unless terminated in accordance with article 15 of these T&Cs.


PROTECTION OF PERSONAL DATA

As part of the operation of the Marketplace, GBM collects and processes the personal data of Users and Members to manage relationships with said Users and Members.

Buyers have a right of access to their personal data, but also of rectification, erasure, limitation of processing, portability and opposition.

For their part, Sellers collect and process the same personal data of Buyers as GBM in order to execute and deliver orders placed via the Marketplace. Sellers must apply the Privacy Policy established by GBM.

The terms of collection and processing of personal data of Users and Members are specified in the GBM confidentiality policy, available on the Platform, which is an integral part of these T&Cs. Any questions relating to the management of personal data can be addressed to GBM directly at: support@gobrandsmarket.com


COMPLAINTS AND RETURN

Subject to the other stipulations of the T&Cs, in the event of a complaint, the Retailer must contact the Distributor directly. Complaints will be managed directly between the Retailer and the Distributor from their respective accounts, without any obligation for GBM to intervene unless otherwise stipulated in these T&Cs.


The Retailer undertakes to act with all due diligence necessary for the proper resolution of complaints and in accordance with the requirements appearing on the Platform where applicable.

Even though Buyers are professionals in the sector and as such do not benefit from the legal right of withdrawal applicable to consumers, GBM wished to grant them the right to return a Product which does not satisfy them, for whatever reason.


To benefit from this return policy, Buyers must strictly respect the following conditions:

- The Buyer expresses his wish to return Products to GBM, within a maximum of 7 days from their receipt by the Buyer, in an unambiguous manner and using the return form made available on the Marketplace;

- Return of the Product(s) within 48 hours of receipt of an email sent by GBM acknowledging receipt of the return request and indicating the instructions to follow;

- Return of the Products in their original packaging and packaging (if present upon receipt of the package): original blister pack, plastic pouch, etc.;

- Each returned Product must be in new condition: unwashed, unworn, with original label attached or glued as when the Product was received;

- When a Product is sold in packs, all of the items in the pack must be returned;

- Use of a package which allows sufficient protection of the Products during transport;


In addition, Buyers must attach a packing list when sending according to the instructions which will be communicated to them by email by GBM.

Postage and shipping costs related to the return are the sole responsibility of the Buyers.

Upon receipt of the return package sent by the Buyer, GBM transmits the Products concerned to the Seller.

The Seller will then be able to check compliance with the return conditions and in particular the condition of the Products. If the conditions are met, it will issue a credit note which will allow GBM to reimburse the sums concerned to the Buyer.

In the event of non-satisfaction of the return conditions by the Buyer, the Seller and the Buyer will make their best efforts to find an agreed solution, GBM not being able, as a Marketplace, to take any initiative or decision in place of the Sellers and its liability cannot be engaged, which the Buyers declare to recognize and accept.

It is understood between the Parties that the Seller will be solely responsible for delivery delays, partial deliveries of Products, non-conformities or damage to the Products sold to the Buyer, except in the event that the Seller could demonstrate that the delay delivery or non-compliance of the Products with the order are due to a fault of GBM.

The Seller has the obligation to implement the legal and regulatory provisions in the event of lack of conformity of the Product, including in the event that the Buyer has not exercised its right to express reservations upon delivery. The absence of reservations cannot hinder the Buyer's recourse to the Seller to obtain the exchange, repair or reimbursement of the Product. Failing this, GBM reserves the right to retain or deduct from another sale the sums concerned to be paid to the Seller.


The Seller must respond to Buyers' complaints as quickly as possible, so as to satisfy the Buyer to the greatest extent possible and in any event under the conditions.


 

The Seller must do everything in its power to amicably resolve all complaints from the Buyer, without the intervention of GBM. However, GBM may exceptionally intervene in blocking situations.

All complaints from the Buyer which arise within seven (7) days of receipt of the Product must be resolved by the Seller and through the Marketplace. Beyond this period, GBM will no longer act as an intermediary.

In the event that the Seller authorizes the Buyer to return a Product that is damaged, non-compliant or arrived late, the return will be made to the address indicated by the Seller (in mainland France).

Once the returned Product has been confirmed damaged or non-conforming by the Seller, the Seller must either repair or exchange the Product, in accordance with the Buyer's request. If it is impossible to exchange or repair the Product, the Seller may ask GBM to reimburse the sums paid by the Buyer (price of the Products and, under certain conditions, outbound delivery costs). In the event that the Seller requests a reimbursement from the Buyer, GBM will not reimburse the Seller for the amount of the canceled sale.


ELECTRONIC COMMUNICATIONS

These electronic communications may consist of emails, Marketplace notices, “urgent” mobile notices, and other communications.

Buyer agrees that all contracts, notices, disclosures and other communications that GBM sends electronically satisfy any requirements for communications made in writing.

GBM and the Buyer acknowledge in this respect that they are fully aware that any document, in particular contractual, exchanged between them is the subject of an information and electronic messaging system by GBM guaranteeing the perfect conformity of the digitized version with the original and ensuring its conservation, in total integrity, in a faithful and lasting manner.

They therefore agree that any document exchanged through this system constitutes literal proof as does any email exchanged between them.


Unless proven otherwise valid by a court, any document thus digitized as well as any electronic mail exchanged between the parties is enforceable not only between them, but also against any third party beneficiary with the same probative force as a written document. paper.


OWNERSHIP OF THE PLATFORM AND RIGHT OF USE

The intellectual property rights relating to the Platform and the Service, including their respective contents, texts, illustrations, photographs and images, as well as all other visual and audio elements, including the underlying technology used (the “Elements” ), are the exclusive property of GBM and/or of third parties contractually linked to GBM. The Platform, Service and Materials contain trade secrets and protected confidential information.

Notwithstanding the foregoing, the Content provided by each Member is and remains the property of each Member, subject to the license granted by each Member to GBM and the Users in accordance with these T&Cs.


Subject to compliance with the stipulations of the T&Cs, GBM grants the User the limited, personal, non-exclusive, non-transferable, non-assignable and non-sublicensable right, during the duration of the T&Cs and in the territory in which it is located, to access and use the Platform. The right of access and use thus granted allows the User to display all or part of the Platform and the Service as part of this access and use, for the entire duration of use of the Platform and /or the Service.


The User is only authorized to access and use the Platform for professional purposes and for their own internal needs. The Member is responsible for any use made by any person accessing the Platform using the Member's login and password. Within the limits of applicable law, any other use which is not expressly authorized herein is expressly reserved by GBM and/or its partner licensors.

The User hereby agrees not to remove or delete notices relating to copyright, trademark rights, and any other property rights appearing on the Platform.


PRIVACY AND SECURITY

To guarantee the security and confidentiality of personal data collected by GBM, the latter uses protected data networks.

For the processing of this data, GBM therefore takes all appropriate measures to protect the loss of information, misuse, prohibited access, disclosure, alteration or even destruction of data.

In this respect, GBM ensures with its subcontractors that they undertake in particular to:

- not use the data processed for purposes other than those specified by GBM in the contract binding it to its subcontractors;

- not disclose the data to other people and take all measures to avoid any misappropriated or fraudulent use of this data;

- take all security measures, particularly material security measures, to ensure the conservation and integrity of the data processed.


LICENSE ON CONTENT

Each Member undertakes to publish Content on the Platform in compliance with these T&Cs and the legislative and regulatory provisions in force.

By providing Content through the Platform, the Member grants GBM a free, non-exclusive, assignable, transferable and valid license for the entire world and the duration of the T&Cs, in order to use, reproduce, represent, display, publish and distribute the Content as part of the provision of the Platform and the Service. In the same way, the Member has these same rights on all other media (in particular on any physical or digital media, in any press release, promotional material), for the purposes of establishing partnerships with GBM partners.

The Member acknowledges that any use of his Content carried out by GBM prior to his unsubscription, deletion or closure of his account or the termination of these T&Cs cannot be called into question by the Member.


RELIABILITY

The Member acknowledges that their Content may be viewed on the Platform by any User who can access the Products.

The Member guarantees to be the exclusive owner, for the duration of the rights granted to GBM and to Users, and for the entire world, of all the rights necessary for the exploitation of its Content as provided herein, or to hold the rights necessary to grant the license described herein.

The Member is and remains solely responsible for the Content that he or she publishes or distributes through the Platform, and for their compliance with the laws and regulations in force, GBM not being responsible for this Content. In this regard, the Member is informed that their Content is not verified or controlled prior to their posting online by GBM, whose intervention is limited to hosting this Content through the Platform and the Service. We disclaim all liability and responsibility arising from any reliance placed on these materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of their contents.

GBM reserves the right, at any time and without notice, to modify or delete any Content that violates any of the stipulations of the T&Cs, as well as to suspend, close or delete the Member's account and to terminate the T&Cs with immediate effect.


CHARACTERIZED FRAUD

GBM will have the right to investigate and prosecute violations of any of the above provisions to the fullest extent permitted by law. In the case of serious fraud (fraudulent copying, illegal importation, etc.), GBM reserves the right to fully cooperate with law enforcement, and to involve and share information with law enforcement, government agencies or other oversight bodies if Faire suspects illegal activity is taking place.


TERMINATION AND ACCOUNT CANCELLATION

The right of access to the Platform, the Service and all rights and obligations arising from these T&Cs may be terminated at any time by the Member or by GBM, by e-mail or through the Platform.

If GBM is unable to verify or authenticate the information provided by the Member, and the Member does not respond to its requests for verification and authentication. If the Member's actions are likely to give rise to GBM liability, that of the Member, any other User or any partners. GBM reserves the right to terminate the right of access to the Platform, the Service and all rights and obligations arising from these T&Cs, in cases deemed to be serious breaches.

If you violate any of the rules of these Terms, GBM will have the right to suspend or deactivate your Account or terminate these Terms, in its sole discretion and without notice. GBM reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event that GBM terminates these Terms due to your breach, you will remain liable for all amounts due hereunder. You can cancel your account at any time by sending an email to: hello@gobrandsmarket.com


RESPONSIBILITY

GBM makes its best efforts to ensure the availability of the Website and is only bound by an obligation of means concerning the provision of the Platform and the Service. The Services and Collective Content are provided without warranty of any kind, express or implied. In its capacity as host of the Content posted online by Members, GBM also assumes no responsibility whatsoever for the Content distributed by Members through the Platform, exercising no a priori control. on this Content.

GBM cannot be held responsible for any damage suffered by a User due to the use or inability to use all or part of the Platform. GBM can no longer be held responsible for the consequences of any order generated by the Internet network or the User's information system, such as a malfunction, breakdown, delay or interruption of access to electronic communications networks including Internet.

The Parties are liable for any harmful consequences resulting from the execution or non-performance of the obligations imposed on them by these T&Cs. You acknowledge and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising from your access to and use of the Services and Collective Content.

GBM is in no way responsible for the execution of sales contracts concluded between the Distributor and the Retailer through the Platform, as long as GBM's liability for non-execution or poor execution of the sales contract n is not demonstrated.

The Retailer cannot hold GBM liable, nor make a claim, nor initiate proceedings against GBM linked to any non-compliance of a Product with the order or to the regulations in force, to non-compliance with economic regulations, the use of the Products or the execution of the sales contract between the Distributor and the Retailer.

GBM makes no warranty as to the merchantability of the products, services, fitness for a particular purpose, nor as to the accuracy, truthfulness or reliability of any content obtained through the services. GBM's liability towards the Retailer, in the event of failure to fulfill one of its obligations provided for in these T&Cs, may not exceed the total amount of the sums paid by the Member for the Products ordered which are the subject of the complaint.

Each User is invited to notify GBM in the event of a violation of these T&Cs, particularly in the event that they notice the offer to sell Products that do not comply with these T&Cs, to the following address: hello@gobrandsmarket.com


MODIFICATION

We reserve the right, in our sole discretion, to modify, suspend, interrupt or terminate the Services or any content, features or materials we provide therein.

GBM reserves the right to modify the T&Cs at any time, it is therefore up to Users to regularly consult the T&Cs. Unless expressly stipulated otherwise in these T&Cs, the modifications made to the T&Cs will be effective fifteen calendar days before their application.


EVIDENCE

The Parties acknowledge that the production by GBM of recordings on the servers relating to the use of the Platform, and in particular the nominative access codes of Members, connection logs and all documents and e-mails exchanged through the Platform or within the framework of the T&Cs and stored on the GBM servers, will be authentic between the Parties.


ASSIGNMENT

Neither Party may assign, transfer or reassign in any other manner all or part of its rights or obligations or the T&Cs, for consideration or free of charge, without the prior written consent of GBM.

As an exception to the above, GBM may freely assign, transfer or reassign in any other manner all or part of its rights or the T&Cs, particularly in the context of a reorganization.


APPLICABLE LAW AND COMPETENT JURISDICTION

These T&Cs are governed and interpreted in accordance with the laws of France, excluding its conflict of law rules and regulations relating to consumer protection in matters of electronic commerce. If no agreement is reached at the end of this meeting, the Parties will regain their freedom to take legal action in order to preserve their rights and interests.


EXCEPT LEGAL PROVISION TO THE CONTRARY, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION OR TERMINATION OF THESE T&C WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL TRIBUNAL OF PARIS (France).

GOBRANDS MARKET is the property of the company Eurotex, registered in the Paris Trade and Companies Register, under number 341 699 973, whose head office is located at 229 rue Saint Honoré, 75001 Paris, VAT number: FR 51341699973 , Email : hello@gobrandsmarket.com


CONTACT US

If you have any questions about these Terms or Services, please contact GBM at the following address:

GOBRANDS MARKET

229 rue Saint Honoré, 75001 Paris - France

hello@gobrandsmarket.com