RULES FOR CREATING AND MANAGING A VIRTUAL SHOP
The Seller is responsible for all User Content that he produces and publishes on the Site.
By accessing the Site, the Seller agrees not to offer for sale any product other than Products as defined in Article 1 "DEFINITIONS" of these Terms and Conditions and in particular Prohibited Products.
The creation of a personal Virtual Store of the Seller as well as the online sale of the Products are free.
The Seller undertakes to inform the Buyer of all useful information concerning the Product he is selling.
As such, the Seller is solely responsible for the proper performance of its obligation to inform Buyers concerning the essential characteristics of the Products. The Seller guarantees Wininda of the consequences of all complaints and actions relating to its User Content.
For any publication of User Content relating to the sale of Products on his Virtual Store, the Seller agrees to:
• Complete the various forms and fields provided on the Site, and at a minimum, the information marked or indicated as mandatory;
• List its Products in the appropriate categories, it being understood that Wininda cannot be accused of an error in categorizing the Seller's Products;
• Produce an exact, detailed and complete description of the Product;
• Indicate the availability of the Product concerned;
• Indicate the prices and in particular the price of the Product all taxes included, as well as the delivery costs;
• Indicate the conditions of order, delivery and payment;
• Specify the specific conditions for ordering the Product and in particular the conditions for modification, cancellation and return;
• Specify the rules and possibly billable supplements which will be imposed on the User.
The Seller refrains from reproducing the matrices of the Product sheets provided by Wininda. The Seller also refrains from offering for sale Products (i) not corresponding to those appearing in his virtual shop on the Site (ii) not authorized for sale under applicable laws and regulations (iii) unavailable on sale (iv) that it is unable to deliver within the deadlines announced to Buyers (v) detained in violation of the rights of a Third Party.
The Seller refrains from indicating in his advertisements for the sale of Products on the Site, in any form whatsoever, his contact details such as in particular his e-mail address, his name / first name, his postal address and / or phone.
The Seller also refrains from mentioning or suggesting in his pseudonym, his name of Virtual Store, his presentations of Products, as well as in his comments or private messages any hypertext link external to the Site, with the exception of links to social media. The identifier and the comments accompanying the product announcements may not include references to third-party websites.
The Seller refrains from entering a Virtual Shop name creating a risk of confusion with the Site, in particular by using the term " Wininda ".
The Seller undertakes to enrich and regularly update its User Content (information, texts, photographs etc.) in order to improve its visibility and to inform Users of its activities and of any modification thereof.
Wininda reserves the right to withdraw any advertisement for the sale of a Product and / or to suspend or close a User Account of a Seller who does not comply with these CGV
Using the functionality provided for this purpose on the Site, the Seller agrees to indicate any absence from the Site lasting more than 48 hours. Upon his return, it is up to him to activate the online delivery of his Virtual Store.
EVALUATIONS - RATINGS - COMMENTS
Wininda provides Users with a service for evaluating and publishing comments on Products and on Sellers and / or Buyers, making it possible in particular to ensure control over the sales of Products as well as the behavior of Users over the Site.
In no case does Wininda control the messages, comments and evaluations published or disseminated by Users on the Site and cannot therefore be held responsible for these User Content.
The publication of evaluations, ratings and opinions takes place immediately from their submission (subject to the proper functioning of third-party networks) and is presented chronologically.
Furthermore, the filing of a notice on the Site is optional and does not give rise to any consideration of any kind whatsoever. Evaluations, ratings and opinions are kept for a maximum period of ten (10) years from their publication.
Users refrain from disseminating or publishing any notice, comment, message or evaluation (i) false, misleading, disparaging, defamatory, abusive, obscene, abusive, inappropriate, indecent, fraudulent, threatening (ii) constituting an attack on the privacy or any other right or individual freedom (iii) constituting spamming, spam, chain letters, messages unrelated to the activity of the Site, and in general any User Content constituting unwanted solicitations.
The User also refrains from evaluating, rating, commenting on their own User Content and soliciting Third Parties to do so.
Wininda reserves the right to delete without notice, any comment, message and / or evaluation that does not comply with these Terms or damage the image of the Site.
PRODUCT PRICES AND SERVICE FEES Wininda
The selling prices of the Products are indicated by the Sellers in euros and include all taxes.
The selling prices of the Products do not include the shipping costs and other costs imposed by the Seller, which are the exclusive responsibility of the Buyer, in addition to the price displayed on the Site.
The amounts of the shipping costs and other costs imposed by the Seller are indicated in the Sellers' announcements, then in the Buyer's basket, as well as in the summary of the order preceding the final validation materialized by the "Order with obligation" button. of payment ".
Wininda does not intervene in any way in the prices applied by the Users and has no control as to their fixing. Consequently, Wininda cannot be held responsible for any modification of the pricing policy of Users.
SERVICE COSTS Wininda
Products are free to upload and Wininda does not apply any transaction fees.
For any order placed from the Site, Wininda is remunerated on the contact between the Seller and the Buyer and receives Service fees in the form of a percentage of the total amount of orders placed on the Site or in the form a fixed rate.
The Service fees are collected through the approved MANGOPAY service provider in accordance with Article 7.2. "PAYMENT OF THE ORDER".
The base of the Service fees due to Wininda varies according to the status of the Seller concerned.
Amount of Service Fees for Professional Sellers Subject to VAT
For each order of Products the total amount of which is less than 2 euros excluding shipping costs, Wininda receives Service fees in the form of a fixed price of 0.30 euro cents all taxes included (tax included) per order.
For each order of Products the total amount of which is greater than or equal to 2 euros excluding shipping costs, Wininda automatically deducts Service fees from the total amount excluding taxes (HT) and shipping costs of the Purchaser's basket. These Service fees are set at 10% excluding taxes (HT), or 12% all taxes included (TTC).
Service fees are acquired when the Buyer has paid the amount of the order placed on the Site.
Amount of Service Fees for Professional Sellers Not Subject to VAT and Private Sellers
For each order of Products the total amount of which is less than 2 euros excluding shipping costs, Wininda receives Service fees in the form of a fixed price of 0.30 euro cents all taxes included (tax included) per order.
For each order of Products the total amount of which is greater than or equal to 2 euros excluding shipping costs, Wininda automatically deducts Service fees from the total amount including all taxes (TTC) and excluding shipping costs from the Purchaser's basket. These Service fees are set at 10% excluding taxes (HT), or 12% all taxes included (TTC).
Service fees are acquired when the Buyer has paid the amount of the order placed on the Site.
Terms of payment for Service fees
The Service fees due by the Seller to Wininda are deducted from the sums credited to the Electronic Wallet of the Seller concerned, it being understood Wininda reserves the right at any time to debit the amount of the Service fees due by the Seller on the Balance of the Electronic Wallet.
Wininda provides the Seller with a summary and a monthly invoice of the Service fees due, accessible directly on his User Account.
In the event that the Seller's Electronic Wallet has an insufficient balance to cover the amount of the Service fees due to Wininda, the Seller agrees to settle the amount due before the 10th of the month following the period concerned. Wininda also reserves the right to suspend access to the Seller's User Account if the total amount of the Service fees due exceeds ten (10) euros.
Service fees will remain due or acquired to Wininda:
• for any cancellation or resolution of an order due to a reason unrelated to Wininda (excluding the right of withdrawal and cancellation at the initiative of the Buyer before shipping the Product), such as in particular (non-exhaustive list) (i) l 'unavailability of the Product (ii) non-conformity of a Product (iii) cancellation of the order on the initiative of the Seller for any reason whatsoever;
• for any non-validation of an order from a Buyer by the Seller within 48 hours.
With respect to a professional Seller, any amount not paid when due will produce, without there being any prior notice, late payment interest equal to 12%. A lump sum compensation for recovery costs of forty (40) euros per invoice will be due to Wininda in the event of late payment, without prejudice to any request from Wininda in this respect in the event that the recovery costs exceed this amount. In the event of default in payment, Wininda may suspend the Seller's User Account, without liability being incurred. The Seller's User Account will be reactivated as from the settlement of the outstanding by the Seller.
In case of refund of an order to the Buyer under the conditions of Article 7.5. "CANCELLATION AND REFUND CONDITIONS - WITHDRAWAL" of these T & Cs, the related Service fees may be the subject of a refund to the Seller. In this case, any reimbursement of the Service fees is made in proportion to the amount reimbursed to the Buyer.
Notwithstanding the above, Wininda reserves the right to retain the Service fees collected in the following cases:
• Non-compliance with the T & Cs by the Seller;
• Refusal by the Seller to deal with a Buyer's complaint within 72 hours.
LEGAL OBLIGATIONS RELATED TO THE USE OF CONNECTION PLATFORMS
The Seller makes it his personal business to determine his status (professional or not) and to complete all the formalities that may be attached to it. Wininda cannot be required to assist the Seller in any way in the qualification and definition of the legal rules applicable to his status.
The Seller is informed that the income from sales of Products on the Site may be subject to various taxes and that penalties are attached to non-compliance with the legal obligations concerned.
The Seller is invited to contact the tax authorities or any competent professional to obtain detailed information on the tax and social obligations linked to the activity carried out through the Site.
Wininda reminds Users that the links published in the Official Bulletin of Public Finances-Taxes (BOFiP-Taxes) are as follows:
In accordance with applicable regulations, Wininda agrees to provide the Seller each year with a "user statement" summarizing the gross sums received through the Site as well as the number of transactions carried out.
PRODUCT ORDERING PROCESS
INFORMATION NOTE ON INDIVIDUAL SELLERS
The User is informed that the Site is accessible both by individual Sellers and by professional Sellers.
The status of the Seller (individual / professional) is indicated in the announcements of the Products and in the presentation of the Virtual Shops.
In the event of an order from a Seller with special status, the User cannot have the same legal and right guarantees as those provided in the context of a relationship with a professional Seller.
Also, by way of illustration, the right of withdrawal does not apply in the event of the purchase of a Product from a particular Seller. Likewise, legal guarantees such as the guarantee against latent defects, of conformity or the guarantees linked to delivery will not apply.
Wininda invites the Buyer to contact any particular Seller before placing an order, in order to validate the terms and conditions thereof.
PLACING THE ORDER
Wininda is a hosting platform allowing in particular the connection between Users for the sale of Products. As such, Wininda cannot be held responsible for the choices made by Users and / or the contractual relations established between them.
Prior to ordering, the Buyer can take note of the essential characteristics of the Products by consulting the announcements made by the Sellers. Before confirming his order, the Buyer must ensure that the Product he orders corresponds to his needs and that he has correctly understood his conditions of use. The Buyer is invited to contact the Seller directly for any question and / or doubt regarding the Product or the conditions of the order. In particular, any professional Seller undertakes to communicate to Buyers the general conditions of sale applicable to the sale of the Products concerned.
In particular, the Seller acting as a professional ensures and guarantees that the conditions of sale that he applies to the Buyers comply with legal and regulatory requirements as well as these T & Cs. As such, he undertakes to communicate to Buyers the general conditions of sale applicable to the sale of the Products concerned on a durable medium.
The Buyer and the Seller fix between themselves the terms of execution of orders for Products. The Seller may in particular, under his sole responsibility and subject to compliance with applicable law, set minimum purchase amounts for the sale of Products from his virtual store.
Notwithstanding the above and taking into account the costs related to the processing of orders borne by Wininda, no order whose total amount excluding shipping costs is less than 0.30 euro cents can not be taken into account.
Contact when placing an order must be cordial and allow the Seller who published the ad, if necessary, to better understand the Buyer's needs. In order to guarantee the reliability of the Site and the proper functioning of orders, the Seller undertakes to confirm orders for Products within a maximum period of 48 hours.
In any event, the Seller who has published an advertisement must send a detailed response to the Buyer if he cannot ensure the sale of the Product.
Wininda does not intervene in the terms of orders for the Products, which will be made directly between the Users concerned. Wininda can not be held responsible for a failure of the order due to a User, a change in conditions relating to it or any incident that may occur in the relations between Users.
Wininda provides the Buyer with a virtual basket in which he can place the Products of his choice by clicking on the "Add to basket" button on each presentation page for each of the Products.
The Buyer can at any time modify, remove the quantities and / or Products from the basket until the final confirmation of the order materialized by clicking on the button "Order with payment obligation".
By confirming his order for the first time using the "Confirm" button, the Buyer accesses an order summary allowing him to check the details of his order and the total price, if necessary to correct or modify the elements before to confirm the order definitively using the "Confirmation with payment obligation" button.
The Buyer continues his order by:
• Completing all the information requested;
• Declaring to accept without reservation the Terms and Conditions of Sale of the Seller;
• Clicking on the "Confirmation with payment obligation" button;
• Proceeding to pay for the order.
Any order confirmed by the Buyer using the "Order with payment obligation" button constitutes a firm and final sale to acquire the Products concerned.
As of the effective payment of the order, the Buyer receives an email confirming it.
PAYMENT OF THE ORDER
The payment methods currently available on the Site are:
1. Payment by bank card.
Payment for online credit card orders is subject to a remote payment security system to guarantee the confidentiality of information. This security system is 3D Secure payment, an authentication payment system. The 3D Secure service is free and is triggered for credit card, Visa and Mastercard payments. The bank verifies the identity of the paying buyer at the time of payment and authorizes the payment. The identification system being specific to each bank, the Purchaser must check with their bank the authentication process used. The Buyer must also check with his banking establishment that the transaction is accepted. In case of failure of the latter and from the 3rd attempt, bank charges may be billed to the Buyer.
2. Payment by PayPal
Payment by the third-party provider PayPal offering an online payment service is reserved for Users with a personal account with the company PayPal.
Payment by PayPal is available on the Site from any order of an amount equal to or greater than ten (10) euros.
The User is also invited to consult the conditions of use on their site, available at the address: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full.
In any event, Wininda cannot be held responsible for any malfunction of PayPal's third-party services on the Site.
Payments for orders for Products are credited to the Electronic Wallet of the Seller concerned. The Seller may at any time: (i) use the funds available on his Electronic Wallet to make purchases on the Site; (ii) request the transfer of the balance from his Electronic Wallet to his bank account by communicating to Wininda his bank information (valid RIB).
MODES OF DELIVERY OF PRODUCTS
The method of delivery of the Products is indicated by the Sellers on each product presentation sheet on the Site.
The Seller is solely responsible for the shipping and delivery of the Products he offers. As such, he undertakes to provide the Buyer with all useful information relating in particular to the terms and delivery times of the Products.
From the payment of the order by the Buyer, the Seller agrees to deliver the Products under the conditions and times agreed directly with the Buyer.
The Seller makes it his personal business to package and package the Products he sells.
Delivery of Products
The Seller agrees to dispatch the Products within a maximum of seven (7) days following the date of payment of the order by the Buyer, unless the Purchaser has previously agreed for a longer delivery time.
The Seller agrees to offer the Buyer a delivery method allowing the tracking of packages and, as such, will keep and keep available to the Buyer all supporting documents.
The Seller agrees not to use the postal address of the Buyer for purposes other than for the purposes of executing the order.
Any professional Seller is subject to an obligation to provide an invoice to the Buyer meeting legal requirements and designating in particular the Product, its quantity, its price, the terms of execution of the right of withdrawal etc.
If necessary and in order to guarantee the security and satisfaction of the Buyers, Wininda reserves the right to temporarily suspend the User Account of any Seller, in order to allow to ensure the good delivery of the Products to the Buyers. In this case, the Seller will be informed of the verification procedure implemented.
In the event that the verification procedure makes it possible to conclude that the Seller has failed to comply with its obligations towards the Buyer, Wininda may proceed to the final closure of the User Account of the Seller concerned.
RECEIPT OF PRODUCTS
The Buyer undertakes to communicate to the Seller a complete and compliant delivery address. Verification of the address entered by the User is beyond the reasonable control of the Seller and / or Wininda. Consequently, the User is solely responsible for the consequences of a delivery made to a collective or incorrect address and will not be able to engage the responsibility of the Seller and / or Wininda if an unauthorized Third Party were to receive the package in his place.
Depending on the User's delivery address, different tax rules and other fees may apply. If the User has Products located outside his territory shipped to him, he may have to pay import customs duties upon receipt of the Products. Wininda is unable to control these costs and / or predict their amount. The User is solely liable for the payment of these taxes and customs duties not included in the initial sale price. The User is invited to contact their local customs office for more information before placing their order.
In the event of delivery to areas that are difficult to access due to their geographic location, the User is invited to contact the Seller in order to ensure that delivery can take place in good conditions.
The Buyer agrees to have a mailbox in accordance with the recommendations of the postal services.
Upon receipt of the order, the User undertakes to check the condition of the package, its packaging and its content, it being understood that the transfer of the risk of loss or damage takes place at the time when the Buyer or a Third Party designated by him takes physical possession of the order.
In case of absence at the time of delivery of the Products, the Buyer agrees to collect the Products ordered from the post office or any other place indicated on the notice of delivery within the time indicated. Otherwise, the order will be returned to the Seller, the delivery costs cannot be refunded to the Buyer and reshipment costs may apply.
CANCELLATION AND REFUND CONDITIONS - WITHDRAWAL
As a professional, the Seller is required to comply with all the regulations applicable to the sale of Products and in particular: the rules of commercial law, social and fiscal law, consumer law relating in particular to distance selling etc. For any Product sold by a Seller having the quality of individual, The Buyer acknowledges that the right of withdrawal will not apply.
The Seller undertakes to respond to any question or complaint from a Buyer within 48 working hours of receipt and within a maximum of 72 working hours of receipt. The Seller is prohibited from corresponding with a Buyer other than through their User Account on the Site.
All requests such as complaints, requests for cancellation, modification, exercise of the right of withdrawal must be sent by the Buyer directly to the Seller concerned. Notwithstanding the above, any cancellation of an order on the initiative of the Purchaser must be the subject of a request as soon as possible.
Wininda does not intervene in any way in the existing contractual relations between the Buyer and the Seller and therefore cannot take part in business exchanges and disputes between them relating to any order for Products.
In any event, the Buyer and the Seller make their best efforts to find an amicable solution to any dispute that may arise between them when ordering Products.
In the event of a complaint and / or dispute between a Buyer and a Seller, Wininda reserves the right to suspend User Accounts pending resolution. In the event of repeated complaints against one and the same Seller, or a significant volume of cancellations on the initiative of one and the same Buyer, Wininda reserves the right to suspend and / or to permanently close the relevant User Account.
Any refund made as part of a cancellation or withdrawal procedure will be refunded to the Purchaser's account.
The Seller agrees to reimburse the Buyer using the procedure provided for this purpose on the Site, using his User Account. Wininda will reimburse the Buyer on the Seller's order.
The Seller bears the costs of returning any Product in the event of an error attributable to him, the use of a legal warranty, or any other reason for which the law requires him to assume these costs .
For the defense of the interests of the Users and the image of the Site, Wininda reserves the right to intervene in the resolution of any dispute and the Seller undertakes to respect the solution which will have been found by the intervention Wininda.
The Seller already recognizes and accepts that in the event of a violation of one of the obligations hereof such as without limitation (i) the total or partial absence of delivery or availability of the Products (ii ) total or partial delay in delivery or provision (iii) total or partial delivery or provision of non-conforming Products (iv) total or partial absence of response or unsatisfactory response (v) l 'total or partial absence of processing within a reasonable period of three (3) working days from the Buyers' complaints or from any behavior which could harm the Buyer, Wininda reserves the right without the Seller being able to dispute it and according to the case :
• Or to reimburse the amount of his order to the Buyer (shipping costs included if applicable) and then to turn against the Seller for the recovery of amounts due (subrogation). In this regard, the Seller undertakes in particular to complete in its User Account a SEPA direct debit mandate and / or its bank details in order to allow Wininda to recover the sums due under the subrogation and / or Service charges. Otherwise, Wininda reserves the right to refuse the Seller access to the Services;
• Or to refuse any payment to the Seller.
PROTECTION OF USERS 'PERSONAL DATA
Wininda, in his capacity as data controller within the meaning of the General Regulations on the Protection of Personal Data (GDPR) effective May 25, 2018, considers the protection and confidentiality of the personal data of his Users as capital.
For a better readability of the rules governing the collection and processing by Wininda of users' personal data, all of the commitments made appear in the Wininda Personal Data Protection Charter, accessible directly on the Site (foot of page).
• The CPDP presents in particular:
• The purposes of the processing of personal data carried out;
• The recipients of this personal data;
• Their retention periods;
A reminder of the rights that Users have over their personal data and the manner in which Users can exercise them.
In addition, each User agrees to respect the confidentiality of the information to which he has access on the Site, in particular information relating to other Users. He also undertakes to respect their privacy and their content.
The Seller acknowledges that he is also subject to the GDPR and any other regulations and / or additional legislation relating to the protection of personal data, so that he undertakes to comply with all of these mandatory rules in the context of its relationships with Buyers on the Site.
In particular, the Seller undertakes to:
• only use the Buyers' contact details for the exclusive purposes of fulfilling orders for Products, in accordance with these Terms and the applicable regulations;
• collect the Purchaser's prior consent for any other processing carried out on his personal data.
In general, each User refrains from collecting information concerning other Users, in particular email addresses, in any way whatsoever, without their prior consent and for any purpose whatsoever.
Any User who has found an infringement of this provision may report it at any time under the conditions of Article 4.4. "NOTIFICATIONS".
In any event, the User guarantees Wininda against any violation of the regulations applicable to the protection of personal data.
The general structure of the Services, as well as the programs, search engines, databases, texts, graphics, images, sounds and videos, brands making them up, are the exclusive property of Wininda.
Any representation and / or reproduction and / or partial or total exploitation of databases, trademarks belonging to Wininda, associated domain names and their orthographic or analog derivatives, of any kind whatsoever, is prohibited without the prior express authorization of Wininda.
Any use not expressly authorized by Wininda under these terms is illegal, in accordance with article L.122-6 of the Intellectual Property Code.
In particular, the User is prohibited from:
• Any representation, dissemination or marketing of the elements of the Services, whether free of charge or for a fee;
• Any form of use of the Services in any way for the purposes of designing, producing, distributing or marketing a similar, equivalent or substitute service;
• Any direct or indirect provision of Services for the benefit of a Third Party, in particular by rental, transfer or loan, even free of charge, except with the prior written agreement of Wininda;
• Any use for treatment not authorized by Wininda
• Any extraction, reuse, storage, adaptation, modification, updating, translation, reproduction, representation, directly or indirectly, on any medium, by any means or any form whatsoever, of all or a qualitatively or quantitatively substantial part of content of Wininda 's databases;
• Provision of data from Wininda databases to Third Parties;
• The sale, rental, sublease, transfer, transfer free or for a fee, the license, the sub-license or the sharing in any other way of the databases of Wininda for a use other than that strictly necessary for the use of the Site.
In general, the User agrees not to infringe all intellectual property rights belonging to Wininda or for which Wininda is the holder of an operating license.
Wininda 's responsibility falls under the hosting status and does not control User Content before it is posted on the Site.
Wininda undertakes to take all due care for the execution of these T & Cs. In particular, Wininda implements all reasonable means at its disposal to ensure quality distribution and access to the Services. As such and for all of the obligations incumbent on it, Wininda is bound by an obligation of means.
Wininda cannot be held liable for any damage, direct or indirect, which may occur due to the use of the Services provided in accordance with these provisions. Likewise, Wininda declines all responsibility for the proper functioning of the User's computer equipment and its internet access.
Wininda will not be liable for indirect, incidental, special, consequential or punitive damages or for any loss of profits or income, whether caused directly or indirectly, or from any loss of data or other irrecoverable loss, resulting from access or use or inability to access or use the Services as well as from access, use or modification unauthorized transmissions or content.
Wininda does not intervene in the terms of orders for services between Users.
As a result, Wininda cannot in particular be held responsible for:
• an order failure, a change in conditions relating to it or any incident that may occur in relations between Users;
• the Users activity, these being independent entities acting for their own accounts. In particular, each User is responsible for direct or indirect damage that could be caused by the services sold by them.
In particular, the User acknowledges that Wininda does not intervene in any way in the exchanges conducted between Users. As such, Wininda under no obligation to resolve and / or compensate the consequences of any dispute that may arise between them.
Wininda cannot, because of the specificities linked to the services provided by Internet, guarantee the continuity of the Services Wininda and / or its service providers cannot, in addition, be held responsible for any malfunction of the network or the servers or of any other event escaping from their reasonable control, which would prevent, degrade access to the Services or cause any damage.
Wininda declines all responsibility in the event of unavailability of the Services resulting from a case of force majeure, in particular:
• Any anomalies in computer equipment;
• Unpredictable and insurmountable events from a Third Party to the contract;
• Unavailability of the internet network.
The Site may contain hypertext links to websites or resources from third parties. As such, each User acknowledges that Wininda is not responsible for the availability or accuracy of these websites or resources, the content, products or services available on or from these websites or resources. The presence of links to such websites or resources does not in any way indicate that Wininda approves them either in their content, or with regard to the products or services offered there. The User acknowledges being solely responsible and assuming any risk related to the use of any websites or resources, or the content, products or services offered by these websites or resources.
The User is responsible for the use of their online account and the conservation of the personal and confidential nature of their username and password. As such, the User agrees to report in writing to Wininda any loss or disclosure of items that may allow a Third Party to read the login credentials and ensure that they log out of the account at the end of each session.
SEVERABILITY OF THE GENERAL CONDITIONS OF USE
If it were, for whatever reason, that one of the clauses of these T & Cs could not be applied, in particular as a result of judicial annulment, it would then be deemed unwritten, without, however, invalidating the T & Cs, nor alter the validity of its other stipulations.
APPLICABLE LAW AND DISPUTES
These T & Cs are governed by and subject to French law.
The User and Wininda will endeavor to resolve amicably any disputes that may arise relating to the validity, interpretation or execution of these.
In the absence of an amicable agreement, the User has the possibility of having recourse to a conventional mediation procedure or to any other alternative method of dispute resolution.
The Private User is invited to contact Wininda to find out the identity of the competent mediator.
In addition, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase in order to then forward them to the competent national mediators. This platform is accessible under the following link http://ec.europa.eu/consumers/odr/
If the User is a professional, the Commercial Court of Rennes will have sole jurisdiction to hear any dispute relating to the execution and / or interpretation of the T & Cs, including in the event of a call in warranty and more than one defendants.