GENERAL CONDITIONS FOR COMMERCIAL USE

Monday 10 January 14:30 to 16:30

  1. PRELIMINARY PROVISIONS
  2. CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES
  3. REFERENCING OF THE MERCHANT ON THE SITE
  4. PRODUCT COMPARATOR
  5. PRESENTATION-PUBLICATION OF PRODUCTS
  6. CONDITIONS OF SALE OF PRODUCTS ON THE SITE
  7. FINANCIAL CONDITIONS
  8. CONFIDENTIALITY
  9. INTELLECTUAL PROPERTY
  10. PERSONAL DATA
  11. FORCE MAJEURE
  12. RESPONSIBILITY OF THE PARTIES
  13. APPLICABLE LAW - SETTLEMENT OF DISPUTES

The yo-crypto.io website allows users to purchase products from professionals.

1. PRELIMINARY PROVISIONS

The yo-crypto.io website allows professionals (manufacturers, wholesalers or retailers, etc.) to be listed and to market their products on the site to consumer customers.

1.1 These general terms and conditions of use (the "Merchants' GCU") apply in their entirety and constitute the essential and determining conditions of any use of the yo-crypto.io website (hereinafter the "Site") by any professional seller, operating a website intended for the public located on the territory of metropolitan France (hereinafter the "Merchant")) to list its products (hereinafter the "Products") on the Site (hereinafter the "Platform") or offer its Products for sale on the Site to consumer customers located in metropolitan France (hereinafter the "Customers").

1.2 The fact of using the Site and, a fortiori, of creating a Merchant account, implies the unreserved acceptance of the Merchant GCU, which prevail over all other conditions and stipulations, even those communicated after the Merchant GCU.

1.3 If any provision of the Merchant UGC is found to be invalid or void, for any reason whatsoever, the remaining provisions of the Merchant UGC shall continue to apply and the parties undertake to negotiate in good faith to replace or amend the invalid provision. The fact that a clause of the Merchant UGC is not invoked at a given time shall not be interpreted as a waiver of the right to invoke the Merchant UGC or said clause at a later date.

1.4 The applicable Merchant TOU are those in force at the time of registration on the Site and acceptance of the Merchant TOU. Yo Crypto reserves the right to modify the Merchant TOU at any time. Any new version of the Merchant TOU will automatically replace the previous version after communication to the Merchants. Yo Crypto reserves the right to make any modification to the Site, without the Merchant being able to claim any right to compensation.

2. CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES

The purpose of the GCU is to define the conditions under which the Merchant :

may market its Products on the Site, under the terms and conditions defined in the Contract.

3. REFERENCING OF THE MERCHANT ON THE SITE

3.1 Registration to be listed on the Yo-Crypto.io platform

In order for their Products to be listed on the platform, the Merchant must create an account on the Site by clicking on " Become a Supplier "You must complete the registration form and accept these Merchant Terms and Conditions.

In particular, the Merchant is invited to indicate whether he has an online sales site (and to enter the URL of his website) and to enter his registration number.

Online sales site(s)

The Merchant provides the URL of these sites and the technology used to create the website(s) concerned. This information is essential for Yo Crypto to create a link between the Merchant's online sales site and the Site and to automatically import the data flows relating to the descriptions and prices of the products of the Merchant's online sales site into the Site.

In order to validate his registration, the Merchant must read and accept these GTC and click on the checkbox provided for this purpose.

After registration via the Site, Yo Crypto will validate the Merchant's registration within a maximum of one week and the Merchant will receive an email informing him/her of the creation of his/her account on the Site. Yo Crypto may refuse registration if the Merchant's online sales site deals with Products that are prohibited under article 13.1 of the GCU, if the Merchant does not have general terms and conditions of sale that comply with the law in such matters, if the website is not accessible, if there are doubts about the identity of the Merchant or for any other objective reason.

3.2 Verified opinions

The merchant accepts that his products as well as his service are noted on Yo Crypto by the concerned buyers and verified. These reviews will be visible on the merchant's Yo Crypto shop as well as on his product sheets. The reviews are moderated by Yo Crypto and the merchant has a written right of return on the reviews submitted by the consumers.

4. PRODUCT COMPARATOR

The Merchant accepts that his offer of Products be compared with the other offers of Merchants who are members of the Site. Indeed, the Site offers a comparison tool allowing each user, according to the choices he/she expresses by clicking on the search criteria, according to the settings of the Site and also according to the modifiable presentation criteria, to compare the offers of several merchants.

The Merchant is informed that the Site independently compares the offers of the different Merchants who are members of the Site according to the weighting criteria chosen by the Customer (e.g.: technical capacity, label on the Product, rating of Customer comments on the Products,...).

The Merchant guarantees the identity of the Product offer selected by the User of the Site and consequently undertakes to dispose of the Product and to charge the price shown on the Site.

The set of Product offers compared is solely derived from the Merchant Data on the Site, therefore :

  • Yo Crypto is not responsible for any errors contained within the Data.
  • Yo Crypto is not responsible for the quality of the Merchant Data.

5. PRESENTATION-PUBLICATION OF PRODUCTS

5.1 Product descriptions, visuals and prices

The Merchant is free to present the Products within the framework of the predefined page templates and to set their selling price on the Website. The Merchant undertakes to provide the following information (hereinafter the "Data") for each Product:

  • The precise name of the Product
  • a detailed description of the Product
  • the brand of the product
  • the EAN identifier
  • its capacity as manufacturer, importer in the European Union or reseller of the Product
  • the existence of labels or quality signs concerning the Product
  • the stock of products available
  • upload at least one visual (optimised jpeg, png, svg formats) of the Product
  • indicate any options available on the Product (colours, sizes, etc.)
  • indicate the selling price of the Product on the Site
  • any commercial guarantees applicable to the Product
  • the existence of a right of withdrawal on the Product in accordance with the provisions of the Consumer Code.

5.2 The Merchant shall be free to modify the list and the Data of the Products it sells via the Site (excluding moderated data such as tags, categories, erroneous labels), and in particular to delete them, either manually or by modifying the information on the original online sales site of the Data relating to the Products.

The Merchant must ensure that the Product Data that it enters manually or makes available on its online sales site are complete, clear, written in French and allow consumers to simply identify the characteristics of the Products. - Dokan  

In particular, the Merchant undertakes to use good quality visuals of products and to publish one photograph per angle of presentation of the Product. The Merchant also undertakes to publish at least one photograph of the Product on the Site, up to a maximum of 5 visuals. The Merchant must respect a minimum quality standard, i.e. a minimum resolution of 800px and an image format such as jpg, png, webp.

Yo Crypto checks the information provided by the Merchant on the Products (e.g. category, labels). Once the moderation is done by Yo Crypto, these data can no longer be modified by the Merchant from his merchant space. The Merchant will have to ask Yo Crypto to modify these data by chat / messaging available via his merchant space.

5.3 General terms and conditions of sale of the Products The Merchant undertakes to provide, in addition to the Data, all the information required by the Consumer Code relating to the Products and in particular its general terms and conditions of sale (delivery times, duration of the right of withdrawal, return procedures, proposed contractual guarantees, etc.). 

6. CONDITIONS OF SALE OF PRODUCTS ON THE SITE

Yo Crypto undertakes to promote the Site and in particular to communicate on the Site, using its best efforts to enable the Site to be well referenced on the main search engines used in France, with a view to promoting the sale of Products.

6.1 Orders and deliveries

Orders for Products from Customers are received by Yo Crypto on the Site and will be communicated directly to the Merchant, via the API on his information system or in his Merchant space on the Site, by sending him an automatic notification by email. The Merchant shall be responsible for the processing of the Customer's orders.

The Merchant shall be bound by the Customer's order upon receipt of notification of the Customer's order.

The Products will be delivered by the Merchant, or any person appointed by him, on behalf of the Merchant, directly to the Customer, according to the Customer's choice made when ordering on the Site (home delivery, collection from the Merchant's premises). The Merchant undertakes to dispatch the Products or to make the Products available to the Customer for collection within a maximum period of one working day from the receipt by the Merchant of the order transmitted by Yo Crypto. The Merchant undertakes to have a document of receipt signed by the Customer via his carrier. The Merchant is nevertheless authorised to use modes of transport that do not have a proof of receipt at his own risk in the event of a customer dispute

When the Merchant does not have an online sales site and there is therefore no automated exchange of data via an API, he undertakes to inform Yo Crypto of :

  • preparation of the order for the Products
  • shipment of the Products
  • delivery of the Products to the Customer

The Merchant shall enter this information in his Merchant's area on the Site.

In the event that the Merchant encounters a difficulty in managing the Customer's order (price error, stock shortage, delivery delay or problem, etc.), he undertakes to inform Yo Crypto as soon as he becomes aware of the difficulty and the Parties will endeavour to collaborate in order to reach a satisfactory solution for the Customer (such as, in particular, proposing a Product of equivalent quality, applying a credit note, reimbursing the Customer, etc.).

In the event that a Product is returned to the Merchant by the carrier (in particular in the event of an address error or failure to collect the parcel from the address indicated to the Customer), the Customer will be reimbursed for the amount of the order and the outward carriage costs, with the return carriage costs remaining at the Customer's expense, provided that the error in delivery is exclusively attributable to the Customer, unless the Customer has expressly agreed to be delivered to a new address or on a new date. In any event, the Merchant undertakes to contact the Customer via the dedicated messaging space on the Site, in order to propose a satisfactory solution to the Customer.

The Merchant is duly informed that Yo Crypto reserves the right to refuse, suspend, cancel or terminate any order, in particular but not exclusively in case of abuse, insolvency or non-performance of its obligations by the Customer. In the event of refusal, suspension, cancellation or termination of the Customer's order, for any reason whatsoever, or in the event of difficulties encountered in the execution of the order, Yo Crypto undertakes to inform the Customer and the Merchant.

6.1 Product returns, warranty and after-sales service

The conditions for exercising their rights (of withdrawal or of exercising a legal or contractual guarantee) by the Customers are defined by the Merchant when creating his account. 

In the event of a Customer requesting the implementation of his right of withdrawal or a legal or contractual guarantee, the Customer must complete the form available on the Site in his Customer area. The Customer's entry will automatically generate a notification sent by email to the Merchant.

The Merchant undertakes to acknowledge receipt and respond to Customer requests using the messaging tool provided on the Site, within a maximum of 48 working hours, except in the case of shop closure specified on his Yo Crypto merchant schedule, which must be kept up to date. Consequently, it is the Merchant's responsibility to indicate in his merchant space and in the associated product sheets the periods of closure so that the Customer has all the necessary information, in particular on the delivery times of the products ordered.

In the event that the Customer exercises the right of withdrawal, this acknowledgement of receipt must indicate to the Customer the procedures for returning the Products and any costs applicable to this return.

In the event of a legal or contractual guarantee, the Merchant undertakes to provide a solution to the Customer within a maximum of 48 working hours (except during closed periods) from the sending of the aforementioned acknowledgement of receipt (for example, by informing the Customer of the procedures for returning the Product or the possibility of opting for a refund or replacement of the Product).

Yo Crypto will be informed of the exchanges between the Merchant and the Customer, via the messaging tool available on the Site. In the event that the Merchant does not respect the above-mentioned deadlines and/or the provisions of the Consumer Code or the contractual, conventional, legal and regulatory provisions applicable to the Product concerned, Yo Crypto may, if it deems it necessary, contact the Customer in order to propose a solution satisfactory to the Customer, at the expense of the Merchant. Any costs incurred by Yo Crypto in order to preserve the Customer's interests will be re-invoiced to the Merchant.

In the event that the solution proposed by the Merchant following the exercise of its rights by the Customer, does not fully satisfy the Customer, the latter may make a complaint concerning a Product directly on the Site. Yo Crypto shall inform the Merchant and the Parties shall endeavour to work together in good faith to provide a satisfactory solution to the Customer.

To trigger the refund of the Product concerned to the Customer, the Merchant must go to his dedicated space on the Site and indicate the amount to be refunded to the Customer. Yo Crypto will then manage, via its payment provider, the refund of the sums concerned via stable coins such as USDT or USDC and those few regardless of the payment method used by the Customer.

6.3 Account deactivation

In the interest of the consumer, Yo Crypto reserves the right to temporarily deactivate a merchant account (marketplace):

  • who would not give any sign of life over a prolonged period outside the holiday periods.
  • whose feed or product data is not correctly updated (at the merchant's expense).
  • who would engage in fraudulent actions
  • for any reason contrary to the values of the company  

 

7. FINANCIAL CONDITIONS

7.1 Financial conditions on the sale of Products on the Site

7.2.1 Invoicing of Products to Customers

The price of the Products is fixed by the Merchant at the time the Data is provided. The Merchant shall send his invoice to the Customer on / if requested by the latter, it shall be communicated at the delivery of the ordered Product. The Merchant shall also provide Yo Crypto with the invoice in dematerialized form, which may be communicated to the user on request.

7.2.2 Remuneration of the Merchant for the sale of the Products

The merchant will be paid monthly on the 28th of each month. The merchant can choose to be paid in euro or in crypto currencies. In the first case, the merchant must send us his French bank details. If the merchant decides to be paid in crypto then he must send us the address of his crypto wallet and notify us with which crypto he wishes to be paid. It is up to us to accept or not his choice. It is to be taken into account that the payment in crypto is carried out with only one type of crypto currencies in order to avoid cumulating several during the payments and to complicate the transactions.  

7.2.3 Yo Crypto's commission on the sale of Products on the Site 

In return for the promotion and marketing of the Products on the Site, Yo Crypto will receive a commission of between 10 and 15% exclusive of tax, calculated on the price of the sale of products including all taxes and charges (management fees, shipping costs, etc.) invoiced and collected by Yo Crypto as soon as the buyer has paid the price of the sale. The commission covers the costs incurred by Yo Crypto for the promotion and marketing by the Merchant of the Products on the Site.

The commission rate provided for in the previous paragraph may be revised on each anniversary date of the GCU.

The commission shall be retained by Yo Crypto in the event of repeated and/or abusive cancellation of the order by the Merchant.

7.3 Late payment and offsetting of amounts due 

In the event of a payment incident such as late payment, rejection of direct debit or partial payment, Yo Crypto reserves the right to suspend all or part of the execution of the services provided for in these GCU. Yo Crypto also reserves the right to offset any payment of commissions against the sums due by Yo Crypto to the Merchant. In addition, any payment incident will give rise, automatically and without prior notice, to (i) a fixed indemnity of 40 € for collection costs, without prejudice to Yo Crypto's right to claim, upon justification, additional compensation, (ii) the acceleration of all debts owed by the Merchant to Yo Crypto and (iii) late payment penalties at a rate of 3 times the legal interest rate. The penalties will be applied per day of delay.

The Parties being independent traders are solely responsible for the payment of any taxes and charges related to the exercise of their respective activities.

The sums to be paid to the Merchant may be set off against each other and against any sums owed to Yo Crypto by the Merchant.

8. CONFIDENTIALITY

Throughout the duration of the GCU and for one year after its termination, the Parties undertake to maintain the strictest confidentiality regarding information relating to the other Party and to information exchanged under this Agreement. The Parties undertake to ensure that their employees comply with this confidentiality obligation.

9. INTELLECTUAL PROPERTY

9.1 The Merchant undertakes to respect the intellectual property rights of Yo Crypto, and in particular its brands as well as the intellectual property rights relating to the Site. All elements of the Site, including drawings, photographs and images, texts, the general structure and tree structure, graphic charts, databases, logos, domain names and brands including the name Yo Crypto as well as all documents or files, are protected by intellectual property rights and are the exclusive property of Yo Crypto. Consequently, the Merchant is prohibited from reproducing, representing, distributing, modifying, conceding or licensing all or part of the elements of the Site, in particular the audiovisual, graphic and/or literary elements, without the express and prior agreement of Yo Crypto.

9.2 The Merchant is the owner of the content and photographs that he communicates on the Site, he can proceed to their deletion at any time of his ads or the content of his ads.

The Merchant grants Yo Crypto a non-exclusive, irrevocable, worldwide, perpetual, unrestricted, assignable, sub-licensable, fully-paid, royalty-free right to copy, make derivative works of, improve, disseminate, publish, remove, retain, add to, analyze and use in any manner now known or hereafter devised, the Data, without further authorization, notice, and/or consideration to the Merchant or any third party.

The Merchant declares that it holds all intellectual property rights and authorisations over the Data. Likewise, he acknowledges that he is not in breach of any confidentiality obligation or contractual stipulation. The Merchant releases Yo Crypto from any liability it may incur in this respect and indemnifies it for any damages it may suffer and shall hold it harmless against any disturbance, claim or action whatsoever and shall be solely responsible for any dispute or challenge in this respect.

10. PERSONAL DATA

10.1. Data protection

Within the framework of their contractual relationship, Yo Crypto and the corresponding merchants are led to collect and process personal data concerning the Customers.

Personal data" means any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to that person (hereinafter "Personal Data" or "Data").

This Personal Data is protected by the provisions of the French law "Informatique et Libertés" n°78-17 of 6 January 1978 as amended and by the provisions of the EU Regulation 2016/679 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 referred to as "the Regulations"), which Yo Crypto and the Merchants (hereinafter, the "Contracting Parties" or the "Parties") undertake to respect and to ensure that their employees / collaborators respect.

10.2 - Data processed by the Parties under this Contract

Depending on the context, the Parties act either as joint controllers or as independent controllers:

Yo Crypto acts as an independent data controller for the purposes of creating and managing the User Account, carrying out prospecting and statistical analyses, and preventing fraud. Once the User places an order on the Yo Crypto platform, the Parties act as joint processors for the purpose of processing the order through the Yo Crypto platform and only for this purpose.

The Merchant then acts as an independent data controller for the purpose of managing the delivery of orders and the follow-up of product guarantees and only for these purposes. To this end, the Merchant acknowledges that he/she alone is responsible for the operation of the said processing on legal grounds in accordance with the Regulations in force (consent, legitimate interest, legal obligation, performance of a contract, etc.). Yo Crypto shall in no way be liable for any non-compliant processing carried out by the Merchant, under his sole responsibility. The Merchant hereby exonerates Yo Crypto from any liability in this respect.

The Merchant may only process Personal Data for purposes other than those described above, if he has obtained Yo Crypto's prior consent, and under no circumstances for commercial purposes (commercial prospecting, resale, etc.). The Merchant hereby exonerates Yo Crypto from any liability in this respect. Any infringement found may trigger legal proceedings by Yo Crypto. In the event of reciprocal transfers of Data between Yo Crypto and the Merchant concerned, the latter undertakes to process them only in accordance with the purposes described above.

This processing is carried out either on the basis of the consent of the person concerned (Internet user or Customer), or on the basis of the execution of a contract to which he is a party, or the execution of pre-contractual measures taken at his request, or on the basis of the legitimate interest of Yo Crypto (statistics, commercial prospecting based on the non-opposition of the customer).

10.3 Obligations of the Parties

Yo Crypto undertakes in particular to:

  • Use Personal Data only for the purposes intended
  • Communicate to the Clients, the information required by the applicable Regulations
  • To take into account requests to exercise rights of access, rectification, deletion, portability of the Customer's personal data and the right to object to the processing of said data, in particular commercial prospecting operations, within the scope of the processing carried out in co-contracting as specified above. Yo Crypto undertakes to transmit to the Merchant concerned any request for rectification, deletion or limitation of processing received by a Customer. It is specified that each of the Parties shall remain responsible for requests to exercise rights addressed to it in relation to the processing operations it manages under its sole responsibility
  • to take all necessary precautions to preserve the confidentiality and security of the Data and in particular to prevent it from being distorted, damaged or communicated to unauthorised third parties; more generally, the data controller undertakes to implement appropriate technical and organisational measures to protect the Data against accidental or illicit destruction, accidental loss, alteration, unauthorised distribution or access; the data controller undertakes to ensure that its measures are respected by all persons who process the Data under its responsibility (for example, and without limitation, employees, trainees, consultants, etc.)
  • Notify the supervisory authority in the event of a Data breach occurring within its scope (i.e., processing carried out as an independent data controller and as a co-processor with the Merchant), and relating to Data collected through the Site
  • To keep the Data concerned for no longer than is necessary for the purposes for which they are processed, and to return and delete them, except for the purposes of legal prescription
  • Maintain regulatory records related to the scope of the co-processing, with each Party maintaining records specific to the processing operations carried out under its responsibility as an independent data controller.
  • Yo Crypto declares that it has taken all necessary measures, particularly in terms of sharing Data, to ensure that this sharing is carried out in a secure manner, i.e. by encrypting the Data beforehand and using a transmission protocol, in its most recent version, that guarantees confidentiality and authentication of the recipient server (SFTP or HTTPS).

The Merchant concerned undertakes in particular to :

  • Use Personal Data only for the purposes intended
  • Have implemented physical, logical, organisational and contractual security measures to preserve the security and confidentiality of Personal Data
  • In accordance with Article 38 of the RGPD, to use only subcontractors with appropriate guarantees sufficient to ensure the security of the Data transferred to them in the context of the performance of the services entrusted to them. In this respect, the Merchant undertakes to provide, upon request, to Yo Crypto, all the documentation justifying the taking of appropriate security measures by its subcontractors To keep the Data concerned only for a period not exceeding that necessary with regard to the purposes for which they are processed, and to return and delete, except for the purposes of legal prescription, the Data transmitted by providing a certificate of destruction of the personal Data
  • Undertakes, in the event that it receives a direct request to exercise rights from a Customer within the scope of the processing carried out in co-processing, to immediately transmit the request to Yo Crypto, and to proceed with the rectification, deletion or limitation of the data transmitted. The Merchant remains responsible for requests to exercise rights that are addressed to him on the processing that he manages under his sole responsibility; Inform the Users, from the first communication that will be addressed to them for delivery purposes, of all the mentions defined in Article 14 of the RGPD and, in particular, the source from which the Data comes.
  • Notify the supervisory authority of data breaches that it manages under its sole responsibility as an independent data controller
  • Inform Yo Crypto immediately of any data breach that the Merchant becomes aware of affecting the scope of the co-managed processing operations, so that Yo Crypto can proceed with the notification to the supervisory authority. The Merchant undertakes to cooperate with Yo Crypto to this end.As a matter of cooperation between the Parties, any Party (Yo Crypto or the Merchant) that becomes aware of a data breach impacting the Data that it processes under its own responsibility as an independent data controller undertakes to inform the other Party of this incident within 48 hours, without prejudice to its responsibility to proceed with the regulatory notifications described above.

11. FORCE MAJEURE

Yo Crypto shall not be liable to the Merchant if the unavailability of the Site or the non-performance of its obligations under the GCU is due to an event constituting force majeure. Yo Crypto shall not be held responsible for the non-performance of any of its obligations to the Merchant in the event of force majeure, which is defined as any event such as hacking of the Site, interruption or breakdown of the telecommunications systems of Yo Crypto's service providers, in particular the hosting company. In case of prolonged unavailability (3 months) of the platform, the Merchant may terminate his contract.

12. RESPONSIBILITY OF THE PARTIES

12.1 Merchant's liability

12.1.1 Prohibited publications Any publication on the Site containing textual or visual elements contrary to the legal or regulatory provisions, to good morals and to the GCU is prohibited, it being specified that publication means manual entry by the Merchant on the Site or extraction of Data from his online sales site.

In particular, it is forbidden to publish on the Site content of an obscene, political, racist, religious, discriminatory, defamatory, denigrating or hateful nature, as well as any contribution that infringes on the rights of third parties and personality rights, and in particular :

  • any content reproducing without authorisation a work protected by intellectual property rights (trademarks, copyright in particular)
  • any contribution that infringes the image rights and/or privacy rights of a third party
  • any contribution that violates the personal data protection of a third party
  • any contribution that is disparaging to third parties, other Merchants or consumers.

In the event that the Merchant disseminates content that infringes the rights of third parties or other Merchants, Yo Crypto reserves the right to take criminal and/or civil action against the Merchant who disseminated such content.

The content published by the Merchants and in particular any files published (photographs and descriptions of the Products, etc.) must be free of copyright.

The Merchant represents and warrants to Yo Crypto that the content published via the Site does not contain any timer, virus or other code or program that would compromise the use, or even render inoperable, all or part of the Site and undertakes in particular to check any content published on the Site using an anti-virus software.

Photographs used in Product advertisements must represent the Product sold on the Site and may not be used to illustrate multiple Product advertisements.

It is forbidden to insert photos with :

  • minors or adults not connected with the Product
  • links to websites (unless agreed by Yo Crypto)
  • images not related to the Product presented on the Site.

12.1.2 Prohibited Products The Merchant shall not market on the Site any Products that are not commercially available and, in general, the Merchant shall not publish on the Site any advertisements relating to :

  • of people
  • Tobacco, drugs, dangerous, flammable, explosive and/or illegal substances
  • of Medicines
  • Combat or self-defence weapons, firearms, explosives, hunting traps
  • animals and certain plant species that are protected, threatened or taken from their natural environment
  • counterfeits
  • bodies, urns or products of the human body
  • jewellery (except costume jewellery), coins or precious metals
  • batches of Products that have been subject to a withdrawal or recall procedure in France or abroad.

And more generally, the Merchant undertakes not to distribute or market on the Comparator or on the Site any product whose marketing is prohibited or regulated by specific rules.

This list is not exhaustive.

Yo Crypto may delete any publication of these products on the Site without justification.

12.1.3 Responsibility, possession and ownership of the Products At no time does Yo Crypto own the Products, which remain the property of the Merchant. Moreover, the Merchant remains the sole custodian of the Products until delivery of the Products to the Customer.

The Merchant is solely responsible for compliance with the regulations applicable to the Products marketed on the Site, for the quality of the Products (safety, BBD and DDM in particular) and for compliance with the intellectual property rights of third parties on the Products. The Merchant is solely responsible for the display or claim of a label or sign of quality on a product.

Consequently, the Merchant guarantees Yo Crypto against any claim from a Customer or third party of any nature, in the event of non-compliance with its own obligations under the GCU. The Merchant undertakes to indemnify Yo Crypto against any and all condemnations (civil, administrative or criminal) that may be pronounced against him/her in the context of legal actions or controls by an administrative authority having as their cause or object any actions relating to the obligations incumbent upon him/her under the GCU, including in particular the costs of legal counsel and expertise and the costs and losses that may result for Yo Crypto (in particular in terms of economic spin-offs due to the loss of image suffered)

The Merchant undertakes to immediately remove from the Site any batch of Products that are subject to a recall or withdrawal procedure.

In case of suspicion of non-conformity of the Products with the applicable regulations or of danger for the Customers, Yo Crypto reserves the right to withdraw the Products concerned from the Site.

The Merchant undertakes to take out an insurance policy guaranteeing his professional civil liability for all activities and obligations arising from this Contract. The Merchant undertakes to maintain this policy for the entire duration of this Contract and to provide proof of this upon request to Yo Crypto by providing a certificate from his insurers, listing the guarantees taken out, their amount and their period of validity. Any modification, suspension or cancellation of this insurance policy, for whatever reason, must be notified to Yo Crypto as soon as possible.

12.2 Yo Crypto's liability is limited to an obligation of means in the execution of the services offered on the Site.

Yo Crypto undertakes to make its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to make available to users all the features of the Site. The Site will be accessible 24 hours a day, 7 days a week. By way of derogation, the Site may be momentarily unavailable during corrective or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of the occurrence of an event beyond the control of Yo Crypto. The maintenance operations will take place at the discretion of Yo Crypto which will endeavour when possible to warn users by email within 48 hours before the implementation of the said operations.

In the event of a technical failure affecting the functioning of the Site, Yo Crypto undertakes to make its best efforts to restore the functioning of the Site as soon as possible.

Yo Crypto cannot be held responsible for external intrusions, the presence of computer viruses in the computer system of the Merchant or any user of the Site, the possible consequences of a total or partial alteration of the functioning of the Site due to misuse of the Site by the Merchant or the Merchant, the non-functioning or slowness of the Merchant's telecommunication network, it being specified that it is the responsibility of the Merchant to ensure that he/she disconnects from his/her customer area at the end of his/her connection session or consultation of the Site.

Yo Crypto's liability is excluded for any default or non-performance not resulting from its fault and in particular in the event of non-performance of its obligations by the Merchant. In any event, Yo Crypto's liability excludes any indirect, consequential or immaterial damage, including any loss of profit, loss, commercial loss, loss of turnover, loss of customers, loss of opportunity, and is, in any event, subject to the following conditionsse, limited to the amount of commissions paid to Yo Crypto over the last 12 months. This clause shall survive the termination of the TOS for any reason whatsoever.

  1. 13. APPLICABLE LAW - SETTLEMENT OF DISPUTES

The GCU, the sale of Products and the commercial relations between the Parties are subject to French law. Any dispute relating to the GCU, the sale of Products, the services and the commercial relations between the Parties, concerning their conclusion, execution, termination or interpretation, shall be submitted to the competent courts in the jurisdiction of the registered office of Yo Crypto, including in the event of multiple defendants, appeal for guarantee, emergency proceedings or expert opinion.

Yo Crypto | Buy your products in cryptocurrency
Logo
Reset Password
Shopping cart
preloader