General Terms and Conditions of Sales of the TriMed’s marketplace

Last Updated: June twenty-eight (28), 2021

ARTICLE 1 – Purpose

The TRIMED’S marketplace (hereinafter referred to as the "Marketplace") is exploited by TRIMED’S SAS, with a capital of €10,500, whose registered office is located at 40 rue du Dr Pierre Richelmi 06300 NICE and registered under the number 889 119 905 RCS NICE.

The purpose of the Marketplace is to bring together professional pharmacist sellers (hereinafter referred to as the "Sellers") previously registered on the website https://trimeds.fr and professional pharmacist buyers (hereinafter referred to as the "Buyers"), also registered on the website https://trimeds.fr, in order to allow them to purchase from the Sellers, through the Marketplace, health products discounted and offered for sale on the website https://trimeds.fr (hereinafter referred to as the "Products").

The Marketplace is not the seller of the Products purchased through the website https://trimeds.fr

These General Terms and Conditions of Sales describe the terms and conditions of distance selling of Products between Sellers and Buyers through the Marketplace and define the obligations and rights of the Parties in this regard.

ARTICLE 2 - Scope of application

These General Terms and Conditions of Sales apply, without restriction or reservation, to all sales of Products concluded between the Seller and the Buyer, through the Marketplace, from its website https://trimeds.fr.

The present General Terms and Conditions of Sales concern only the relations between the Sellers and the Buyers, who acknowledge having the capacity required to contract to sell and acquire the Products offered on the website https://trimeds.fr.

They therefore do not govern the relationship between Sellers and the Marketplace, nor the relationship between Buyers and the Marketplace, which is defined in the General Conditions of Use and which these General Terms and Conditions of Sales complete.

Only the Seller, whose name is indicated on the description of each Product, is the Buyer's contracting party for the purchase of these Products. The Products cannot be returned or exchanged by the Marketplace.

They are accessible at any time on the website https://trimeds.fr, and will prevail, if necessary, over any other version or any other contradictory document.

These General Terms and Conditions of Sales may be subject to subsequent changes, the version applicable to the purchase of the Buyer is that in effect on the website at the date of placing the order.

The modifications of these General Terms and Conditions of Sales are opposable to the users of the Marketplace as from their online publication and cannot be applied to the transactions concluded previously.

ARTICLE 3 - Characteristics of the Products offered for sale on the Marketplace website

The Products offered for sale on the Marketplace are the subject of a description allowing the Buyers to know their main characteristics, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, as well as their price.

Buyers are required to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Purchasers.

The photographs and graphics presented on the Marketplace are not contractual and do not engage the responsibility of the Marketplace.

Purchasers are required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Buyers.

The Products presented on the Marketplace are offered for sale on the territory of metropolitan France, Corsica, French Overseas Departments and Territories.

In case of an order to a country other than France, the Buyer is the importer of the Products concerned.

For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Buyer.

ARTICLE 4 - Period of validity of the offer of Products

Product offers are subject to stock availability, as specified when the order is placed.

ARTICLE 5 - Orders

5.1 Placing the order

It is up to the Buyer to select the Products he/she wishes to order, according to the following modalities:

1. The Buyer adds the selected Product in his/her virtual cart.

2. The Buyer checks the details of his/her order, its total price and corrects any errors before confirming his/her acceptance. It is the responsibility of the Buyer to verify the accuracy of the order and to report or correct any errors immediately.

3. Once his/her cart is checked, the Customer clicks on the "validate order" button.

4. The Customer communicates the information requested about him/her, reads the present General Terms and Conditions of Sale which he/she declares to have read and accepted by ticking the box provided for this purpose, then finalizes his/her order by clicking on the "Order" button.

In case of confirmation of the order by the Seller, the sale is perfect and the price is debited from the Buyer's bank account. A confirmation e-mail is sent to the Buyer containing the order form for the Products ordered.

In the absence of confirmation of the order by the Seller within five (5) working days, the sales contract concluded with the Buyer shall be automatically terminated and each of the Parties shall be released from their obligations. The Buyer's bank account will be credited again.

If the order is for more than one Product, only the sale of the Products for which the order has not been accepted by the Seller shall be cancelled.

Unless the contrary is proved, the data recorded in the computer system of the Marketplace constitute the proof of all transactions concluded between the Seller and the Buyer.

The Buyer will be able to follow the evolution of his/her order when he/she has opted for a transport made by the DHL service provider.

5.2 Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5.3 Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled.

ARTICLE 6 - Prices

The Products are supplied at the prices freely fixed by the Seller appearing on the description of the Product.

The prices are indicated in euros, excluding taxes and including all taxes, excluding delivery costs.

The amount of the delivery costs for each Product is added at the time of the validation of the order by the Purchaser.

An invoice is issued by the Seller and given to the Buyer at the time of delivery of the ordered Products.

ARTICLE 7 - Terms of payment

The price is cash payment, at the Marketplace which collects the corresponding amount, in the name and for the account of the Seller, in totality at the day of the placing of the order by the Buyer, by way of secured payment, according to the following methods:

– by credit cards: Bank card, Visa, MasterCard, American Express, other bank cards,

– by electronic wallet of the PAYLIB type;

– by bank transfer.

The payment by credit card is irrevocable.

Payments made by the Buyer shall only be considered final after the Marketplace has collected the amounts due on behalf of the Seller.

The secure payment platform is provided by MANGOPAY, a public limited company under Luxembourg law, with a capital of 15,700,000 euros, whose registered office is located at 2, Avenue Amélie, L-1125 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, authorized to carry out its activity within the European Economic Area, in the capacity of electronic money institution approved by the Commission de Surveillance du Secteur Financier (CSSF), 283 route d'Arlon L-1150 Luxembourg. The general terms and conditions of use of the payment services can be accessed by clicking on the following link: https://trimeds.fr/wp-content/uploads/2021/02/PSP_MANGOPAY_FR.pdf .

Payment data is exchanged in encrypted mode using SSL (Secure Socket Layer) encryption.

Moreover, the Seller reserves the right, in case of non-compliance with the above payment conditions, to suspend or cancel the delivery of the current orders made by the Buyer.

No additional costs, beyond those incurred by the Seller for the use of a payment method, shall be charged to the Buyer.

ARTICLE 8 - Deliveries

The Products ordered by the Buyer will be delivered in Metropolitan France, Corsica and Overseas Departments and Territories, within the shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Buyer when ordering on the Marketplace.

Delivery is the transfer to Buyer of physical possession or control of the Product.

Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller commits to make its best efforts to deliver the Products ordered by the Buyer within the time limits specified above. However, these deadlines are communicated as an indication.

If the ordered Products have not been delivered within fifteen (15) days after the indicative delivery date, for any reason other than force majeure or the fault of the Buyer, the sale may be cancelled at the written request of the Buyer. The sums paid by the Buyer will then be returned to him/her at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to pay back the Buyer as indicated in article 10 of the present General Terms and Conditions of Sales.

The Seller assumes the risk of transport and has to pay back the Customer in case of damage caused during transport.
The Buyer is responsible for checking the condition of the delivered Products. He/she has a period of 48 hours from the date of delivery to formulate by e-mail any reservations or claims for non-conformity or apparent defect of the delivered Products (for example damaged package, already opened...), with all the related documents (photos in particular).

After this period and in the absence of compliance with these formalities, the Products shall be considered compliant and free of any apparent defect and no claim shall be validly accepted by the Seller.

The Seller shall pay back or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Buyer, under the conditions provided for in these General Terms and Conditions of Sales (see warranties, in particular).

ARTICLE 9 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products to the benefit of the Buyer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Buyer takes physical possession of the Products.

The Products therefore travel at the risk of the Seller.

ARTICLE 10 - Seller's liability - Warranty

The Seller has to deliver Products in accordance with the published offer and the order made by the Buyer.

The Seller guarantees the Buyer in case of non-conformity of the Product to the order made.

This warranty is limited to the replacement or the repayment of the defective or non-conform Products.

Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in case of normal wear of the Product or force majeure.

In order to assert his rights, the Buyer shall, under penalty of forfeiture of any action relating thereto, inform the Marketplace, by e-mail, of the existence of the defects within a maximum of 48 hours from their discovery.

Seller shall replace the Products found to be defective or pay back the Buyer the price of the Products and the shipping costs (including return shipping).

Finally, the warranty shall not apply if the Products have been subjected to abnormal use or have been used in conditions other than those for which they were manufactured, in particular in case of non-compliance with the conditions prescribed in the instructions for use.

Nor does it apply in case of deterioration or accident due to impact, fall, negligence, lack of supervision or maintenance, or in case of transformation of the Product.

The Seller shall not be held responsible for any failure to comply with the legislation of the country in which the Products are delivered, which it is up to the Buyer to check.

ARTICLE 11 - Protection of personal data

In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Buyer by the Marketplace are necessary for the placing and processing of his order.

This data is provided to the Sellers in order to allow them to proceed with the execution of the contract and the shipping of the orders of the Buyers. It may not be used for any other purpose.

Each Seller only has access to the personal data provided by the Buyers of its Products to the Marketplace when placing the order.

The Sellers commit themselves to ensure the security of the personal data they keep for the needs of the realization and the follow-up of the orders.

The processing of the provided information through the Marketplace complies with the legal requirements for the protection of personal data, as the information system used ensures optimal protection of this data.

The Buyer has, in accordance with the national and European regulations in effect, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.

This right can be exercised under the conditions and according to the methods defined on the website https://trimeds.fr.

ARTICLE 12 - Intellectual Property

The content of the website https://trimeds.fr is the property of the Marketplace and its partners and is protected by French and international laws on intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.

ARTICLE 13 – Unforeseeability

The present General Terms and Conditions of Sales expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales of Products by Sellers to Buyers.

The Seller and the Buyer therefore each waive their right to avail themselves of the provisions of Article 1195 of the Civil Code and of the regime of unforeseeability provided for therein, committing themselves to assume their obligations even if the contractual equilibrium is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

ARTICLE 14 – Force majeure

The parties shall not be held responsible if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

The party noticing the event shall immediately inform the other party of its inability to perform its service and justify it to the latter. The suspension of obligations shall in no case be a cause of responsibility for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 15 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to restore the normal performance of their contractual obligations as soon as possible. Therefore, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a duration of 15 days, the present contract will be purely and simply cancelled, without any formality being necessary.

During this suspension, the parties agree that the costs incurred by the situation will be borne by the prevented party.

ARTICLE 15 - Disputes

All disputes are settled directly between Buyer and Seller, if necessary using the messaging tool provided on the Marketplace.

Buyer and Seller shall do their best to reach an amicable resolution of the dispute.

Depending on the case, the declared dispute will give rise either to the return of the Product ordered or to a refund, under the conditions specified in these General Terms and Conditions of Sales.

All the disputes to which the present contract and the agreements which result from it could give place, concerning their validity, their interpretation, their execution, their resolution, and their consequences will be subjected to the competent courts of the jurisdiction of the commercial court of Nice, France.

ARTICLE 16 - Applicable law - Language of the contract

The present General Terms and Conditions of Sales and the operations resulting from them are governed by French law. They are originally written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in case of dispute.

GENERAL CONDITIONS OF USE OF THE TRIMED’S MARKETPLACE

ARTICLE 1 – Purpose

The TRIMED’S marketplace (hereinafter referred to as the "Marketplace") is operated by TRIMED’S SAS, with a capital of €10,500, whose registered office is located at 40 rue du Dr Pierre Richelmi 06300 NICE and registered under the number 889 119 905 RCS NICE.

The purpose of the Marketplace is to connect professional pharmacist sellers (hereinafter referred to as the "Sellers") previously registered on the website https://trimeds.fr and professional pharmacist buyers (hereinafter referred to as the "Buyers"), also registered on the website https://trimeds.fr, in order to allow them to purchase from the Sellers, through the Marketplace, health products discounted and offered for sale on the website https://trimeds.fr (hereinafter referred to as the "Products").

Are considered as professional pharmacists hereunder, pharmacists practicing in pharmacies, wholesaler-distributors, clinics, hospitals, or pharmaceutical establishments.

These General Conditions of Use define the conditions under which the Marketplace provides users with the technological tools enabling them to sell and buy the Products as presented on the website https://trimeds.fr through the Marketplace.

They complete the General Terms and Conditions of Sales that govern sales between Buyers and Sellers through the Marketplace and must be accepted by the users to use the Marketplace services, by means of a validation when registering on the website https://trimeds.fr.

ARTICLE 2 - Scope of application

These General Conditions of Use apply, without restriction or reservation, to the use of the services and technological tools made available to users by the Marketplace.

These tools allow the Sellers to register on the website https://trimeds.fr, to be put in contact with the Buyers, to list and describe the Products they offer for sale on the website https://trimeds.fr, to accept and register their orders for Products, to collect the price, to manage the after-sales service and to communicate with the Buyers if necessary.

Sales made through the Marketplace are concluded directly between the Buyer and the Seller.

The present General Conditions of Use are accessible at any time on the website https://trimeds.fr and will prevail, if necessary, over any other version or any other contradictory document.

These General Conditions of Use may be subject to future modifications, the version applicable to a transaction carried out with a Buyer is the one in effect on the website on the date the order is placed.

The modifications of these General Conditions of Use are opposable to the users of the Marketplace as from their online publication and cannot apply to the transactions concluded before.

ARTICLE 3 - Services offered by the Marketplace - Conditions of access to the Marketplace

Access to the Marketplace is strictly reserved for professional users who are regularly registered pharmacists and acting in a professional capacity, which users declare and acknowledge when they use the services of the Marketplace, committing themselves, in addition, to carry out in good faith, all purchase and sale transactions concluded through the Marketplace.

The use of the Marketplace is free of charge for the users (except possible connection costs charged by the operator) and without any obligation to buy.

Only the purchase of Products from Sellers is subject to payment, according to the terms and conditions set out in the General Terms and Conditions of Sales of the Marketplace, which are inseparable from these General Conditions of Use, which the Buyer also accepts when placing an order through the Marketplace.

In order to use the Marketplace services, users must accept these General Conditions of Use and register on the website https://trimeds.fr.

Only pharmacists who are regularly registered with the regulatory authorities can register and access the sales and purchasing services offered by the Marketplace.

To finalize a registration request, users must send the Marketplace the following documents:

Name, first name, postal address and e-mail address;
The RPPS number.

They are then given strictly confidential and personal usernames and passwords.

Users agree to keep their codes confidential and not to disclose them to any person. Users are the only responsible for the use of their codes and access to the Marketplace.

Any fraudulent use of these codes of which a user is aware must be immediately notified to the Marketplace in writing.
In case of non-compliance with these General Conditions of Use by the users, the Marketplace reserves the right to temporarily or permanently interrupt their access, suspending or terminating the present without notice or compensation.

The fact that a user registers on the website https://trimeds.fr implies full acceptance of these General Conditions of Use, which is expressly recognized by the user who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against the Marketplace.

ARTICLE 4 - Obligations of the Sellers in the context of the sale of the Products

The contracts for the sale of the Products offered by the Seller on the Marketplace are concluded between the Seller and the Buyer.

The Sellers commit themselves to implement, in good faith, all the necessary means to fulfill their obligations by delivering quality Products and service to the Buyers.

Sellers and Buyers agree to comply with the legislation applicable to the exercise of a regulated pharmacy activity (in particular, registration, accounting, social and tax obligations) as well as the laws and regulations applicable to the sale of medicines sold through the Marketplace.

Sellers declare that they are the owners of the offered Products for sale on the Marketplace or are duly authorized to sell them.

In particular, Sellers are prohibited from offering for sale counterfeit Products as defined by the Intellectual Property Code, Products classified as narcotics or blood derivatives, Products that have already been invoiced to Social Security, Products that have already expired, a Product whose box has been deactivated and not reactivated within ten (10) days of its deactivation in the context of serialization, Products whose anti-theft device, serial number, or Data Matrix barcode have been compromised.

The Sellers are solely responsible for the sale of the Products they offer on the Marketplace.

In case of sale of refrigerated Products subject to the cold chain, it is up to the Seller to ensure compliance with the recommendations and regulations on the subject. The Marketplace shall not be responsible for any breach of the cold chain during the sale of a refrigerated Product.

The Sellers commit themselves to establish, in good faith, precise, exact descriptions and not likely to mislead the Buyers on the Products offered to the sale via the Marketplace, as well as on their essential characteristics (origin, composition, accessories, conditions of use, country of forwarding, etc.), as on the price and the granted warranties or the condition of the Products. The descriptions must also mention the delivery times and shipping conditions.

The Seller must indicate on the descriptions, the condition of the packaging of the Product offered for sale (repackaging, damaged or marked packaging, etc.).

They guarantee the accuracy of the information appearing on the descriptions of the Products put online on the Marketplace.

The visuals, in particular, must conform to the Products offered for sale and respect the rights of third parties, the Sellers guaranteeing to the Marketplace that they have all the necessary rights to use these elements of description.

Sellers are prohibited, in particular, from using visuals or other descriptive elements or to make comments or other messages which would be offensive, contrary to public order or morality, which would infringe the rights of persons or the rights of intellectual property of third parties, laws and regulations and the image of brand of the Marketplace, which could then, interrupt in a way temporary or permanent access to its services, by suspending or terminating them under the conditions provided for in Article 7 of the these T&Cs.

As the services offered by the Marketplace are exclusively limited to the provision of computer and technological tools to bring together Sellers and Buyers, the Marketplace is not responsible for the sales offers and their content published by the Sellers.

Sellers commit to ensure the availability of the Products they offer for sale through the Marketplace and to immediately remove Products that are no longer available. The Sellers are solely responsible in case of unavailability of the Products of which they have sole control.

The Sellers, who are informed of the Buyers’ orders through the Marketplace, must confirm the relevant order within five (5) working days of receiving the information referred to in the previous paragraph. If no response is received within this period, the sale will be cancelled.

The confirmation of the order by the Seller implies the firm commitment to ship the ordered Products.

The Seller commits to fulfill at least 80% of the orders for Products offered for sale on the Marketplace since its registration.

If this is not the case, the Marketplace reserves the right to interrupt temporarily or permanently the access to its services, by suspending or terminating it under the conditions of article 7 of these General Conditions of Use.

The selling price of the Products is freely defined by the Sellers, in compliance with the laws and regulations in force, subject to the application of a discount on the price including all taxes compared to the public prices.

Sellers are advised to apply a discount of at least 50% from the including all taxes public prices.

This price must be stated on the Marketplace including all taxes and charges (e.g. VAT, packaging costs, eco-tax, etc.), but excluding delivery costs, which are added by the Marketplace to the order price when the Buyer validates the purchase.

The following delivery methods shall be offered to Buyers by Sellers:

DHL;
BIOLOGISTIC (refrigerated products).

The Sellers have to respect the delivery method selected by the Buyers.

The delivery costs of the Products are calculated according to the type of carrier selected, the volume and weight of the package, as well as the delivery address indicated by the Purchaser. These costs are indicated in addition to the price of the Products to the Buyer, before the validation of his/her order.

Fare conditions are available directly on the carriers' websites.

The Marketplace commits to communicate to the Sellers, within 24 working hours at the latest from the ordering of the Customer, all the information allowing them to proceed to the delivery of the ordered Products.

The Sellers commit to ship the ordered Products within five (5) business days from the confirmation of the Product order.

A delivery note shall be sent to Buyer by Seller, together with a purchase invoice.

Products are shipped to Buyers in accordance with the terms and conditions set forth in the General Terms and Conditions of Sales, which are inseparable from these General Conditions of Use.

ARTICLE 5 - Payment for the Marketplace services

The Marketplace shall receive a commission of ten percent of the sales price (including shipping costs and VAT) from the Seller for each order of Products placed by a Buyer on the Marketplace, as remuneration for its connection services and for the provision of the necessary technological tools.

It is reminded that the Marketplace receives the sale price of the ordered Products, in the name and on behalf of the Sellers. The amount of the sale price is then transferred by the Marketplace to the Seller, minus the commission, after confirmation by the Buyer of the good reception of the ordered Products.

For this purpose, the Marketplace has entered into a framework agreement with the payment service provider (PSP) MANGOPAY SA, a public limited company under Luxembourg law, with a capital of 15,700,000 euros, whose registered office is at 2, Avenue Amélie, 15,700,000, whose registered office is located at 2, Avenue Amélie, L-1125 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, authorized to carry out its activity within the European Economic Area, as an electronic money institution approved by the Commission de Surveillance du Secteur Financier, 283 route d'Arlon L-1150 Luxembourg.

The general conditions of use of the payment services are accessible by clicking on the following link: https://trimeds.fr/wp-content/uploads/2021/02/PSP_MANGOPAY_FR.pdf .

– by credit cards: Bank card, Visa, MasterCard, American Express, other bank cards,

– by electronic wallet of the PAYLIB type;

– by bank transfer.

The payment by credit card is irrevocable.

Payments made by the Buyer shall only be considered final after the Marketplace has collected the amounts due on behalf of the Seller.

Payment data is exchanged in encrypted mode using SSL (Secure Socket Layer) encryption.

In the absence of confirmation of the receipt of the product by the Buyer and in the absence of dispute notified to the Seller in accordance with the General Terms and Conditions of Sales of the Marketplace, which are inseparable from these General Conditions of Use, the Product shall be deemed to have been received and the payment shall be made to the Seller.

The Marketplace has the right to suspend the payment of the amounts due to the Seller in case of a breach of its obligations.

ARTICLE 6 - Disputes concerning the Products

Buyers can, at any time, contact the Sellers and send them any complaints concerning the ordered Products by using the messaging tool provided for this purpose by the Marketplace.

Customers are required to notify any complaint regarding the Products ordered, in accordance with the General Terms and Conditions of Sales of the Marketplace, which are inseparable from these General Conditions of Use.

Since sales are made directly between the Buyer and the Seller, the Seller is personally responsible for any claims made by the Buyer.

Sellers shall give preference to the amicable resolution of disputes.

If the dispute is valid, the Seller has to pay back or send back to the Buyer the ordered Products.

ARTICLE 7 - Termination of Access to the Marketplace Services

Sellers may discontinue access to the Marketplace services, without having to give any particular reason, by giving thirty (30) days' notice and fulfilling current orders.

In case of breach of any of these obligations by the users of the present General Conditions of Use or of the inseparable General Terms and Conditions of Sales, the Marketplace may, after formal notice sent by any way without effect for a period of eight (8) working days, definitively cut off access to the Services, by registered letter with acknowledgement of receipt, without the users being able to claim any compensation.

In case of serious and/or repeated breach by the users of their obligations or affecting their accounts, such as fraud, abusive language, counterfeiting, infringement of third party rights, etc., the Marketplace can deprive them of all access to the services, without them being able to claim any compensation.

ARTICLE 8 - Protection of personal data

In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the nominative data requested from the users by the Marketplace are necessary, both to guarantee the access to the services of the Marketplace and to process of the orders of Products.

The Marketplace is committed to ensure the security of the personal data it keeps for the purpose of fulfilling and tracking orders.

The processing of the information provided through the Marketplace complies with the legal requirements for the protection of personal data, as the information system used ensures optimum protection of this data.

Users have, in accordance with national and European regulations in effect, a permanent right of access, modification, rectification, opposition, portability and limitation of processing of information concerning them. This right can be exercised under the conditions and according to the methods defined on the website https://trimeds.fr.

It is reminded that the Sellers have knowledge of the data of the Buyers relating to the orders of Products collected by the Marketplace. The Buyers are informed by the Marketplace that this data and in particular the information necessary for the delivery of the Products are transferred, for this sole purpose, to the Sellers, who commit themselves to use this data only for the needs of the delivery of the Products and to allow them to fulfill the legal obligations attached to it. They commit themselves not to keep any copy once they have shipped the ordered Products, any other use being strictly forbidden.

ARTICLE 9 - Intellectual Property

The content of the website https://trimeds.fr is the property of the Marketplace and its partners and is protected by French and international laws on intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.

ARTICLE 10 - Responsibility of the Marketplace

It is reminded that the Marketplace is not the Seller of the Products. The Marketplace cannot be held responsible for sales between Buyers and Sellers. The Products cannot be returned or exchanged by the Marketplace and any dispute regarding a sale made through the Marketplace must be settled directly between the Buyer and the Seller.

The Marketplace can only be held responsible for facts which are directly attributable to it and which cause users direct damage, to the exclusion of any indirect damage.

The Marketplace is not responsible for the misuse of the Marketplace services by the users or for their own fault. The Marketplace is also not responsible for the actions of third parties.

In accordance with the regulations in effect, the Marketplace cannot be held responsible for the contents made available on the website https://trimeds.fr, particularly concerning the description of the Products, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided for by this law.

The users are solely responsible for the use of the Marketplace services, in particular for the assessments they make on the website https://trimeds.fr, and shall indemnify and hold harmless the Marketplace at first request from any and all liability claims against the Marketplace due to the infringement of any third party rights by the users, irrespective of whether the infringement is due to the sale of Products, the use of the Marketplace services by the users, or any other act attributable to them.

ARTICLE 11 - Partial nullity

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other stipulations shall retain all their force and scope.

ARTICLE 12 - Disputes

All disputes are settled directly between Buyer and Seller, if necessary using the messaging tool provided on the Marketplace.

Buyer and Seller shall do their best to reach an amicable resolution of the dispute.

ARTICLE 13 - Applicable law - Language of the contract

The present General Terms and Conditions of Sales and the operations resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in case of dispute.