CGU
GENERAL CONDITIONS OF USE
1. General provisions
The website available at the following address: www.denariaparis.com (hereinafter the "Site") is the property of the company DENARIA, a sole trader, registered with the RCS of PARIS under number 938 792 710, whose head office is located at 60 rue François 1er - 75008 PARIS, France (hereinafter referred to as "DENARIA") which offers a platform for buying and selling clothing, accessories and more generally new and/or second-hand fashion products, for individuals.
The identity of the publication director and the host appears in the legal notices accessible on the Site, in the “Legal notices” tab.
For any request relating to the use of the Site and/or the services offered by DENARIA, DENARIA invites the User to send an email to the following address: contact.denariaparis@gmail.com.
2. Definitions
In addition to the terms that will be defined elsewhere in these general conditions of use, the terms and expressions listed below and whose first letter will appear in capital letters have the meaning attributed below. These terms will have the same meaning in the singular and the plural.
“General Conditions of Use” or “GCU”: means these general conditions of use of the Services applicable to Users;
“Order”: means the purchase of one or more Product(s) made by a Buyer User from a Seller User on the Site;
“Account”: means the User’s personal environment on the Site to which he/she has access by providing a unique identification element and a password allowing access to the Services;
“Product Sheet(s)”: means the page presenting the commercial offer linked to a Product. The Product Sheet is generally composed in particular of one or more photographs of the Product, the price, the characteristics of the Product and all legally mandatory information;
“Product(s)”: means the goods sold by DENARIA and/or its Selling Partners and/or by Selling Users and which are purchased by Buying Users, namely new or second-hand clothing, shoes, fashion, decoration and/or lifestyle accessories;
“Partner Seller(s)”: means the partner companies and brands contractually linked to DENARIA, whose Products are sold on the Site and whose list can be consulted at any time on the Site;
"Services": means the means and functionalities made available to Users by DENARIA on the Site in order to allow Users in particular (i) to make purchases on the Site (ii) to follow targeted content based on the interests entered or similar searches carried out on the Site (iii) to proceed with the sale of Products via a deposit system (iv) as well as to consult the tracking of deliveries, deposits and invoicing;
“User(s)”: means any natural or legal person who browses the Site, notwithstanding the creation of an Account, and who accesses and uses the Services. The term User when used in the T&Cs commonly includes the Buyer User and the Seller User;
“Buyer User(s)”: means any natural or legal person who uses the Services to purchase Products;
“Seller User(s)”: means any natural or legal person who uses the Services to sell Products on the Site; Seller Users may be professionals or non-professionals;
“Non-Professional Seller User(s)”: means the Seller User having the status of non-professional within the meaning of the Consumer Code, who uses the Services to sell Products through DENARIA via a deposit system;
“Professional Seller User(s)”: means the Seller User having the status of professional within the meaning of the Consumer Code, who uses the Services to sell Products on the Site.
3. Purpose and enforceability of the T&Cs
The purpose of the T&Cs is to define the terms and conditions for making the Site and Services available to Users.
Any connection to the Site is subject to compliance with the T&Cs which are accessible at any time via a direct link on the Site. Any access to or use of the Site and/or the Services implies the concomitant and unreserved acceptance of the T&Cs.
The T&Cs are systematically brought to the attention of Users to enable them to access and use the Services. They apply exclusively to all uses of the Services and prevail over all other conditions, with the exception of those that have been expressly accepted by DENARIA. Consequently, all other conditions are only binding on DENARIA after written confirmation from it.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES IMPLIES THE EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE BY THE USER OF THE T&Cs. BY CHECKIN' THE BOX: "I accept the general terms and conditions of use of the services" AND ACCEPTING THEM WHEN ACTIVATING THE SERVICES, THE USER ACKNOWLEDGES THAT HE IS BOUND BY ALL OF THE T&Cs.
DENARIA invites Users to read them carefully before starting to use the Site and recommends that Users keep a printed version of the T&Cs applicable at the time of using the Services for their personal archives.
4. Access to the site
To use the Services, it is necessary that Users:
have a computer, smartphone and/or tablet, connected to an internet network;
access the Site;
have an internet connection;
create an Account in accordance with the terms and conditions set out in Article 5 hereof.
Users guarantee that they have full legal capacity to register and use the Services and in particular:
be of legal age;
not be a competitor of DENARIA and/or not register and use the Services for the purpose of competing with DENARIA in a fraudulent manner and/or in a manner that harms the interests of DENARIA;
be the holder of the bank card used to make the purchases; and
have full possession of their intellectual or cognitive faculties (and in particular not be in a state of dependency, under guardianship and/or curatorship, etc.).
DENARIA cannot be held responsible in the event of registration and use of the Services by persons who do not meet the conditions set out in this article.
5. Account creation
5.1. Creation of a User Account
To benefit from the Services, the User is invited to create a personal Account.
The User wishing to access the Services is invited to use the identifier and password that he will determine when registering on the Site to connect to his Account on the Site.
The User's data communicated to DENARIA is accessible by the User at any time from his Account by clicking on the Account home page then in the "My Information" tab.
Only the User has access to his Account.
At any time it deems appropriate, the User may decide to close its Account in accordance with the terms set out in Article 9 of these T&Cs.
5.2. Information communicated
DENARIA reserves the right to verify the conformity of the information and documents transmitted to allow access to the Services.
Each User guarantees that the data and documents communicated are sincere, accurate and in accordance with reality and are not tainted by any misleading nature. He undertakes to provide a valid email address and telephone number and ensures that he is the sole holder of these. The User undertakes to provide true, accurate, up-to-date and complete information on his identity and on the identity of the company he represents, in accordance with Article 6-II of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy (known as the "LCEN" law).
The User also undertakes not to transmit information that could infringe the rights of third parties (in particular use of a surname, pseudonym, trademark registered by a third party, or works protected by intellectual property law) and/or public morality.
It is the User's responsibility to communicate any changes to their personal information.
In the event that the User provides false, inaccurate, erroneous, outdated, incomplete, misleading or deceptive information, DENARIA reserves the right to refuse any access to the Site and/or Services to Users who do not comply with the conditions set out above. Furthermore, DENARIA may not be held liable under any circumstances in the event of non-performance and/or partial performance of the Services linked to the provision of information of this nature.
5.3. Account Security
The Account is protected by identification elements, an identifier (email address) and a password.
The User can access his Account at any time after identifying himself using his username and password via the “Connection” box.
If a User has lost or forgotten his password, he has a function on the Site allowing him to reset it by clicking on the “Forgotten password” tab.
The User's password is personal and confidential. The User undertakes to ensure the confidentiality of his password. The User assumes sole responsibility for all connections made using his identifiers and password.
In the event of suspicion of fraudulent use of his Account by the User, the latter must notify DENARIA as soon as possible at the following address: contact.denariaparis@gmail.com so that it can take all appropriate measures to remedy the situation.
DENARIA cannot be held responsible for usurpation and/or fraudulent use of an Account in the event of unauthorized, fraudulent or abusive use or due to voluntary or involuntary disclosure by the User to a third party of his/her identification details. The User remains solely responsible for the use that could be made of his/her Account by a third party who has accessed the Services with his/her identification details.
It is specified that in the event of a violation of the T&Cs by the User, DENARIA may freely refuse to open an Account for the User concerned.
6. Content Creation
6.1. Creation of content by the User
All elements created or posted by Users on the Site, such as Product Sheets, profiles and/or comments, constitute the User's content (hereinafter the "Content").
The User expressly authorizes DENARIA, and all its beneficiaries, by posting the Product Sheet and/or its profile:
to fix, save, reproduce, distribute and exploit any Content, worldwide, and for the duration of protection of these elements, in all formats, by all means and on all media, in particular on the Site and on commercial documents; and/or
to modify the photos of the Products in their presentation, such as resizing and cropping the photos as well as “clipping” the Products, i.e. removing the second plane of the photo so that the Product appears on a white background.
DENARIA respects the intellectual property rights of others and prohibits Users of the Site from distributing, downloading, uploading or transmitting in any other way any element that infringes the intellectual property rights of a third party.
In addition, Users acknowledge and agree that DENARIA has no control over and is not responsible for the accuracy or precision of any Content and is not required to control the ownership of any such content posted or uploaded to the Site. DENARIA acts as a host and disclaims any liability for any data or information uploaded by Users, including any content posted or uploaded to a Product Sheet.
6.2. Image rights
When creating an Account or a Product Sheet, the User may post photographs representing him/herself. By accepting the T&Cs, the User expressly authorizes DENARIA to use his/her image in the context of operating the Site.
This authorization is granted for the entire duration during which the User has an Account on the Site. The User may withdraw his authorization to use his image by contacting DENARIA by email at the following address: contact.denariaparis@gmail.com.
The User guarantees that the photographs used in the context of the creation of Product Sheets or Accounts do not infringe the image rights or privacy of third parties.
6.3. Illegal or counterfeit content
If a User believes that a Content and/or a Product Sheet contains a defamatory or illegal message or that his intellectual property rights have been infringed by an article or information on the Site, the User must notify DENARIA by email at the following address: contact.denariaparis@gmail.com.
DENARIA undertakes to respond as quickly as possible to complaints concerning infringement of intellectual property rights and to follow up on notifications.
7. Description of services
7.1. Purchasing User Services
DENARIA allows Buyer Users to purchase Products on the Site.
The main Service offered by DENARIA consists of offering any Buyer User the possibility of consulting the Products referenced on the Site with a view to being able to purchase them from Seller Users.
The Buyer User with an Account has the possibility of placing an Order for a Product offered by a Seller User via the Site.
Any Product Order will be governed by the General Conditions of Sale available on the Site. The Buyer User who has created an Account has access to additional services and in particular:
tracking of current orders;
access to the history of past Orders;
access to invoices relating to Orders; and
tracking of deliveries, returns and/or refunds of Orders.
The Buyer User also has the possibility of posting comments on Products referenced on the Site.
7.2. Professional Seller User Services
DENARIA allows Professional Seller Users to sell Products directly on the Site.
The Professional Seller User is invited to enter in the Product Sheet the characteristics of the Product that he wishes to put on sale.
The Professional Seller User also has the possibility of filling out a form describing their profile.
7.3. Services for Non-Professional Seller Users
DENARIA allows Non-Professional Seller Users to sell Products on the Site through DENARIA via a deposit system, these Products being identified as sold by DENARIA on the Site.
The Non-Professional Seller User is invited to communicate to DENARIA the information relating to the Product that he wishes to put on sale. being DENARIA Responsible for putting the Seller User's Product Sheet online.
8. Duration of access to the site and/or services and interruption of the site and/or services
8.1. DENARIA implements all reasonable means at its disposal to ensure quality access to the Site and the Services. The Services are accessible via the Site seven (7) days a week (7) and twenty-four (24) hours a day (24).
However, due to the nature of the Internet, DENARIA does not guarantee operation and access to the Site and/or Services seven (7) days a week (7) and twenty-four (24) hours a day.
DENARIA may not be held responsible for any deterioration or loss of data due to a network malfunction or any other reason beyond its control and beyond its control and, in general, for any deterioration or malfunction.
8.2. DENARIA reserves the right to interrupt the operation of the Site and/or all or part of the Services at any time, with or without notification, in particular for the purpose of ensuring corrective and evolutionary maintenance of these, or to develop their content or presentation. To the extent possible, DENARIA will inform Users prior to a corrective or evolutionary maintenance operation.
Furthermore, Users acknowledge that the Site and/or Services may be interrupted for reasons beyond the control of DENARIA and that DENARIA cannot therefore guarantee continuous access to the Site and Services.
In any event, DENARIA may not be held responsible for any interruption and/or malfunction of the Site or the Services, whatever the cause.
Users are invited to inform DENARIA of any technical problem they encounter during their navigation and/or use of the Site and/or the Services, by writing to the following address: contact.denariaparis@gmail.com and describing the problem encountered.
Finally, DENARIA reserves the right to modify the Site and/or the Services, in particular for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the Services, in a substantial and/or negative manner, Users may be informed of the modifications made, but their acceptance is not requested.
9. Account Suspension and Closure
9.1. Suspension and Closure of Account
The Account remains active as long as the User uses the Services and does not deactivate it.
However, any User Account that is completely inactive continuously for three (3) consecutive years will, subject to the application of legal or regulatory provisions, be archived by DENARIA and will no longer be available on the Site.
The User retains the possibility of deactivating, without reason, his Account at any time and/or deleting it.
To do this, the User must click on the “Delete my Account” tab accessible from his Account. The deletion of an Account is final. Since the Account is deleted irreversibly, the personal data linked to it is automatically deleted and can no longer be recovered.
Deleting an Account does not prevent Users from re-registering and creating an Account again.
9.2. Suspension and closure of Account in the event of breach
In the event of a breach by a User of the T&Cs, DENARIA reserves the right to suspend or close their Account and access to the Services without notice or compensation and will inform the User by email.
It is expressly agreed that in the event of suspension or closure of the Account, the User will no longer be able to access the Services, unless they create a new Account. The User may still continue to make online purchases offline to the Services.
When DENARIA revokes the suspension or closure of the Account, it will reinstate the User without undue delay, including by restoring access to the data that resulted from the use of the Account before the suspension or closure took effect.
10. Guarantees, obligations and responsibilities of users
10.1. By accessing the Site, the User declares, guarantees and undertakes to:
- access the Services in good faith, in a reasonable manner, and not contrary to the terms hereof;
- not to market directly or indirectly the Services and/or access to the Services;
- not authorize third parties to use his Account;
- not to reuse all or part of the Services it contains, in particular for commercial purposes and/or for personal purposes in a form and/or media not authorized by DENARIA.
10.2. It is strictly prohibited to use the Services for the following purposes:
- carrying out illegal or fraudulent activities or activities that infringe the rights or security of third parties;
- breach of public order or violation of laws and regulations in force;
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, or violate its integrity or security;
- sending unsolicited emails and/or commercial prospecting or solicitation;
- manipulations intended to improve the referencing of a third-party site;
- assistance or encouragement, in any form and in any manner whatsoever, to one or more of the acts and activities described above; and
- more generally any practice diverting the Services for purposes other than those for which they were designed;
copy and/or divert for their own purposes or those of third parties the concept, technologies or any other element of the Site.
Also strictly prohibited:
- any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services;
- any intrusions or attempted intrusions into DENARIA systems;
- any misuse of the Site’s system resources;
- any actions likely to impose a disproportionate burden on DENARIA's infrastructure;
- any breach of security and authentication measures;
- all acts likely to harm the financial, commercial or moral rights and interests of DENARIA or users of its Site, and finally more generally;
- any breach of the T&Cs.
It is strictly prohibited to monetize, sell or transfer all or part of access to the Services and/or the Site, as well as to the information hosted and shared there.
10.3. Users are solely responsible for choosing to use the Services and ensuring that they are suitable for their needs, securing their computer system and backing up their data.
In addition, they are personally responsible for the use of the Services as well as the information provided, particularly in the context of the creation of their Account and the use of the Services.
Users guarantee and indemnify DENARIA against any damage suffered by it and against any liability action that may be brought against it on the basis of the violation of the T&Cs and/or any right of a third party. In the event of clear fraud, DENARIA is authorized to communicate all necessary information to the competent bodies responsible for the repression of said fraud and offenses.
In addition, the User undertakes to indemnify DENARIA against any claim, liability, damages, losses, costs and expenses, including attorneys' and consultants' fees for a reasonable amount, incurred by DENARIA in the context of or in respect of any claim brought by a third party relating to an infringement or violation of intellectual property rights by the User.
More broadly, Users guarantee DENARIA against any claims made by third parties relating to the drafting of their Product Sheets and/or the description of the Products they offer on the Site.
10.4. In the event of a breach of any of the provisions of the T&Cs or, more generally, of an infringement of the laws and regulations in force by a User, DENARIA reserves the right to take any appropriate measure and in particular to:
- at any time, without prior notice, interrupt or suspend, temporarily or permanently, all or part of the Site and/or access to the Services of the User, author of the breach or offense, or having participated in it;
- suspend or terminate the User's Account without prior notice, it being understood that this termination will occur without prejudice to any damages that DENARIA may claim in compensation for the harm suffered as a result of such breaches by the User;
- publish on the Site any information message that DENARIA deems useful;
- notify any relevant authority; and
- initiate any legal action.
In the event that access to the Site and/or the Services is suspended and whatever the reason, Users may not under any circumstances claim the allocation of compensation of any nature whatsoever.
11. Liability and guarantees of DENARIA
The User expressly accepts that DENARIA cannot be held responsible for direct, indirect, fortuitous, special, accidental, consequential or punitive damages, non-exhaustive list, as well as for any loss of profits or income, which may be incurred by the User directly or indirectly linked to:
- to access or use of the Services;
- the User's inability to access or use the Services;
- to any conduct or content submitted, published or posted on the Site; and
- any unauthorized access, use or alteration of the User's transmissions.
DENARIA reminds all Users that it strives to provide its best efforts to avoid any problem regarding the use of the Services, but that its liability may not be incurred under any circumstances for any damage resulting from the use of third-party sites to which the User may be redirected when selecting articles.
The User is solely responsible for his use of the Services.
The User accepts and acknowledges that he is solely responsible for the information contained on the Site that he has transmitted to DENARIA.
DENARIA declines all responsibility in the event of any loss of information accessible on the Account, which must save a copy and cannot claim any compensation in this regard.
DENARIA does not act as an internet access provider. As such, DENARIA cannot guarantee the quality of the internet connection or the absence of network-specific interruptions.
DENARIA undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, DENARIA reserves the right to temporarily interrupt access to the Site for maintenance reasons.
Likewise, DENARIA cannot be held responsible for temporary difficulties or impossibilities of accessing the Site and/or the Services which have their origin in circumstances beyond its control, force majeure, or which are due to disruptions to the telecommunications networks.
DENARIA does not guarantee to Users (i) that the Services, subject to constant research to improve in particular their performance and progress, will be totally free from errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User based on their own personal constraints, will specifically meet their needs and expectations.
No information or advice provided by DENARIA to Users in connection with the use of the Services shall be considered as the granting of a guarantee.
DENARIA shall not be liable to the User for any loss or damage that the User may suffer as a result of any change or temporary or permanent deletion by DENARIA in the provision of Services or functions offered on the Site.
DENARIA cannot be held liable in the event of interruption of collaboration with a brand, a Vendor Partner or a sign.
The User may not oppose to DENARIA the general conditions of use and/or the general conditions of sale of third-party sites and/or the sites of the Vendor Partners to which the User may be redirected and undertakes to read and accept them.
In any event, the liability that may be incurred by DENARIA under these terms is expressly limited to only proven direct damage suffered by the User. DENARIA may not under any circumstances be held liable for the products and/or services purchased by the User on the site and/or application of a Seller Partner and in particular for any problem with delay, delivery, conformity, non-availability, exchange.
12. Intellectual property
12.1. Certain elements (in particular editorial, illustrations, studies, and videos) appearing on the Site and/or the Services are protected by laws relating to intellectual property and in particular copyright and are the exclusive property of DENARIA.
Likewise, the brands, logos, graphics and animations contained on the Site and/or the Services are the exclusive intellectual property of DENARIA.
It is agreed that the T&Cs cannot entail any transfer of DENARIA's intellectual property rights.
12.2. DENARIA grants, on a personal basis, to Users, the non-exclusive and non-transferable right, free of charge, to use the Site and/or the Services and any associated software, it being specified that they are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reverse engineering or assembly or in any other way attempting to obtain the source code (except in cases provided for by law), selling, assigning, sublicensing or transferring in any way whatsoever any right relating to the Site and/or the Services or associated software.
Users undertake not to modify the Site, the Services or the software relating thereto in any way and/or not to use modified versions thereof, in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the Site and/or the Services. In particular, Users agree not to access the Services by any means other than the Site.
Users are informed and acknowledge that the Site, the Services and any software used in connection therewith may contain confidential information or information protected by applicable intellectual property law or any other law. Users agree not to modify, rent, borrow, sell, distribute this content or create derivative works incorporating all or part of this content, unless they have previously received express authorization from DENARIA.
The Site and/or the Services contain texts and images, which are the exclusive property of DENARIA (hereinafter the “Intellectual Property Elements”). The Intellectual Property Elements are made available to the User, free of charge, for the sole use of the Site and the Services and within the framework of normal use of their functionalities.
This authorization to use the Intellectual Property Elements is made on a personal, non-exclusive and non-transferable basis. DENARIA may revoke this authorization to use the Intellectual Property Elements at any time.
Users are prohibited from – directly or indirectly – copying, modifying, creating a derivative work of, reverse engineering or assembly or otherwise attempting to discover the source code (except as provided by law), selling, assigning, sublicensing or otherwise transferring any right in the Intellectual Property Materials. The User agrees not to modify the Intellectual Property Materials in any way.
In the event of non-compliant or abusive use of the Intellectual Property Elements, DENARIA reserves all legal remedies to stop the infringement of its intellectual property rights and to unsubscribe and/or deactivate User Accounts under the conditions of Article 9 above.
13. Personal data
In accordance with Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, known as the "information technology and freedoms" law and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR"), Users are informed that DENARIA carries out automated processing of their personal data for the purposes of using the Services, processing and managing commercial relations.
Each User has the rights of access, modification, rectification, limitation, portability and deletion of data concerning them, as well as a right of opposition.
To this end, please contact the support service by email at the following address: contact.denariaparis@gmail.com. It is recalled that with regard to rectifications and updates of data relating to their Account, Users make the necessary modifications and deletions directly on their own Account. For more details, DENARIA invites Users to read the privacy policy accessible on the Site from the following address: www.denariaparis.com in the "Privacy Policy" tab.
Said policy is an integral part of the T&Cs. Acceptance of the T&Cs implies acceptance of the attached privacy policy.
14. Advertising
DENARIA reserves the right to insert on any page of the Site and in any communication to Users advertising or promotional messages in a form and under conditions of which DENARIA will be the sole judge.
The User therefore accepts the display of such messages on the Site.
As publisher of the Site, DENARIA is free to market advertising spaces on the Site to advertisers of its choice. The User acknowledges that he has no rights to these advertising spaces and refrains from any request or action in this regard.
15. Links and third-party sites
When using the Site, Users may have access to various links directing them to third-party sites and in particular to the sites and/or applications of the Vendor Partners.
DENARIA may not under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its Vendor Partners) which the User accesses via the Site.
In accordance with these T&Cs, DENARIA cannot be held liable for the non-performance or imperfect performance of the services of its Vendor Partners; the latter being performed by independent professionals.
DENARIA assumes no responsibility for the content, advertisements, products and/or services available on such third-party sites and mobile applications, which are reminded to be governed by their own terms of use.
DENARIA is also not responsible for transactions between the User and any advertiser, professional or trader (including its Vendor Partners) to whom the User is directed via the Site and may not under any circumstances be a party to any potential disputes with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
16. Modification of the T&Cs
DENARIA reserves the right to modify the T&Cs at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical developments of the Site and/or the Services.
The prevailing version is the one accessible online on the day of use of the Site and/or the Services.
Any use of the Site and/or the Services by the User after publication of the modified T&Cs constitutes unreserved and express acceptance by the latter of the new T&Cs.
The T&Cs are updated regularly. Consequently, Users are invited to consult them each time they visit the Site.
In addition, any modification is applicable fifteen (15) days after notification by email of the update of the T&Cs to Users.
In the event of disagreement with the new provisions of the T&Cs, the User undertakes to cease accessing the Site and using the Services and to request the deletion of his Account at the following address: contact.denariaparis@gmail.com.
17. Duration of the T&Cs
The T&Cs are valid and apply as long as Users use the Services and/or browse the Site.
18. Miscellaneous provisions
18.1. The language of interpretation of the T&Cs is French.
18.2. The T&Cs constitute the entire agreement between Users and DENARIA regarding the use of the Services and the Site in general. In the event of any conflict between the T&Cs and other elements, rules or guidelines on the Site, the T&Cs shall prevail.
18.3. If one or more provisions of the T&Cs are declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions will retain all their effects. The same principles will apply in the event of incomplete provisions.
18.4. No tolerance of any nature, extent, duration or frequency may be considered as creating any right, nor be interpreted as a waiver of any of the provisions of the T&Cs.
18.5. Files, data and messages recorded in DENARIA's computer systems will be accepted as proof of acts and facts between DENARIA and Users. The retention of records will be presumed, unless proven otherwise, to have taken place under reasonable security conditions if the messages, data and other documents are systematically recorded on a reliable and durable medium.
19. Applicable law and jurisdiction
19.1. The use and operation of the Site and/or the Services are subject to French law. The validity, execution, and interpretation of the T&Cs applicable to the Site and/or the Services are also subject to French law.
19.2. For any difficulty and/or question about the Site and/or the Services, Users are invited to contact customer service in order to try to find an amicable solution by email at the following address: contact.denariaparis@gmail.com.
19.3. In the event of a disagreement between the Parties, one of the Parties must inform the other by means of a registered letter with acknowledgment of receipt. Upon receipt of said letter, and within fifteen (15) days, one of the Parties must propose an amicable solution to the dispute. If this attempt fails or if there is no response, it may bring its dispute before the competent courts. The Parties therefore undertake to follow the amicable settlement procedure before bringing the matter before the courts, this attempt at mediation being a condition of admissibility for any legal action.
19.4. ANY DISPUTE ARISING FROM THE VALIDITY, EXECUTION AND/OR INTERPRETATION OF THE T&Cs APPLICABLE TO THE SITE AND/OR SERVICES OR IN RELATION TO THE T&Cs AND/OR THE SITE AND/OR SERVICES WILL BE SUBMITTED TO THE JURISDICTIONS OF THE PARIS COURT OF APPEAL, EVEN IN THE EVENT OF AN APPEAL OR MULTIPLE DEFENDANTS.
19.5. The T&Cs are up to date with Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 promoting fairness and transparency for businesses using online intermediation services.
20. Entry into force
The T&Cs come into effect on December 20, 2024.