Last updated: 04 April 2023
ICOUTURIERS SAS, a simplified joint-stock company with capital of 7,000.00 Euros, whose registered office is located at 66, Avenue des Champs-Élysées, OCP Business Center 4, 75008 Paris, registered with the Paris Trade and Companies Register under number 905 064 150, and whose intra-community VAT number is FR 84 905 064 150.
Customer support contact: email@example.com.
Director of Publication: Evgenia Carlier as President of icouturiers SAS.
Host: Microsoft Azure, One Microsoft Way, Redmond, WA 98052-6399, USA; tel. 1-425-882-8080.
This is to remind that under no circumstances can ICOUTURIERS be considered as the Seller of the Services purchased through the Marketplace, and that only the Seller, who is registered on the Marketplace, is the Buyer's co-contractor for the sale of the Services.
By accessing the Marketplace, you agree to be legally bound by these General Terms. If you do not agree with one or more provisions of these General Terms, you should not use this Marketplace.
GENERAL TERMS AND CONDITIONS
Last updated: 04 April 2023
1. General information
2. Permitted use of the Marketplace
3. Availability and force majeure
4. Disclaimer of warranty
5. Limitation of liability
8. Intellectual property
10. Governing law and disputes
The below-mentioned terms used in these General Terms shall have the following meanings:
– ‘Company’, ‘we’, ‘us’ and ‘our’ means the company icouturiers SAS having a registered place of business at 66 Avenue des Champs-Élysées, 75008, Paris, France, the company registration number 905 064 150, and the VAT number FR 84905064150;
– ‘Marketplace’ means the e-commerce Marketplace available at https://www.icouturiers.com, the related software and services, except for third-party products and services;
– ‘Services’ means the services provided by the Sellers through the Marketplace, including, without limitation, Styling and Design services related to the Garments and the Home Textiles, custom-made tailoring of the Garments and Home Textiles, crocheting, knitting or macrame of Garments and Home Textiles, Alterations and Supplies;
– ‘Consultations’ means advice provided by the Sellers to the Buyers via the Internet as means of communication related to the Services know-how;
– ‘General Terms’ means these icouturiers General Terms and Conditions, including all documents implemented by reference thereto;
– ‘Users’, ‘you’ and ‘your’ means the Buyers, the Sellers and other individuals or entities not registered on the Marketplace, but accessing and browsing on the Marketplace;
– ‘Buyers’ means individuals or entities registered on the Marketplace in order to order the Services and the Consultations through the Marketplace;
– ‘Sellers’ means individuals or entities registered on the Marketplace in order to offer the Services and the Consultations through the Marketplace;
– ‘Service Contract’ means service contracts for the Services and the Consultations concluded by and between the Buyers and the Sellers through the Marketplace;
– ‘Contractors’ means, collectively, the Buyers and the Sellers entering into the Service Contracts through the Marketplace;
– ‘Users’ Content’ means any content uploaded or submitted by the Users through the Marketplace;
– ‘Our Content’ means any content available on the Marketplace owned by the Company, its partners, agents, licensors, vendors, and/or other content providers; and
In these General Terms, words in the singular form include the plural meaning and words in the plural form include the singular meaning.
1. GENERAL INFORMATION
1.1 These General Terms constitute a legally binding agreement between the Company and the User with regard to the User’s access and use of the Marketplace. These Terms apply to any User of the marketplace whether Seller, Buyer or not.
1.2 About the Marketplace. The Marketplace is an online marketplace that allows the Buyers to book the Services and the Consultations provided by the Sellers and conclude Service Contracts with the Sellers. The Marketplace serves as a reference point that facilitates the communication between the Sellers and the Buyers. The Company does not provide the Services and the Consultations. The Company is not a party to the Service Contract and the formation of the Service Contract does not create employment, partnership, joint venture, or other service relationships between the Contractors and the Company. Unless otherwise provided in the Terms, the Company does not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Service Contracts. The Company reserves the right to limit the use of the Marketplace in certain countries and territories.
1.3 License to use the Marketplace. We grant the Sellers and the Buyers a personal, revocable, non-exclusive, non-transferable and limited license to use the Marketplace pursuant to these General Terms.
1.4 Minors. The Marketplace is not marketed and should not be used by persons under the age of 18. The Buyers holding parental responsibility for a child (e.g., parents or legal guardians) can order the Services and the Consultations for their minor children. However, we do not permit children under the age of 18 to make such orders themselves. The Sellers are not allowed to provide the Services and the Consultations through the Marketplaces if the Sellers, Sellers’ contractors, or any persons acting on behalf of the Sellers are minors in their jurisdiction.
1.5 Disclaimer. Although the Company regularly monitors the information available on the Marketplace, the Company cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on the Marketplace, neither provided by the Company nor by the Users of the Marketplace.
1.6 Third-party links and advertising. The Marketplace may contain links to websites, applications, and other online sources owned and operated by third parties. The Marketplace may also feature information and advertisements related to the Users or other third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.7 Service Contracts. Unless otherwise provided in the General Terms, we do not intervene into the communication between the Sellers and the Buyers as well as negotiation, conclusion, and execution of the Service Contracts. Nevertheless, we reserve the right, at our sole discretion, to accept, refuse, place on hold or cancel the Service Contracts. Our responsibilities with regard to the Service Contracts are limited to (i) facilitating the availability of the Marketplace and (ii) serving as the limited payment collection agent of each Seller for the purpose of accepting payments from the Buyers on behalf of the Sellers. If the Contractors decide to enter into the Service Contract through the Marketplace, the Service Contract is the contractual relationship between the Contractors and the Contractors have complete discretion with regard whether to enter into the Service Contract and the agreed terms of the Service Contract. The Contractors acknowledge and agree that we are not a party to the Service Contract and the formation of the Service Contract does not create employment, partnership, joint venture, or other service relationships between the Contractors and the Company.
1.8 Support. Requests for customer support should be addressed to us by email at firstname.lastname@example.org.
1.9 Privacy and other relevant terms. The below-listed documents also govern Users’ use of the Marketplace; they should be read and interpreted together with these General Terms:
1.9.2 Sellers Terms and Conditions available at https://www.icouturiers.com/policy/about-us that govern Sellers’ use of the Marketplace;
1.9.3 Buyers Terms and Conditions available at https://www.icouturiers.com/policy/return-policy that govern Buyers’ use of the Marketplace;
1.9.4 Specific terms and conditions agreed upon by the Contractors under the Service Contracts (e.g., specifics of the Garments, delivery times, and fees); and
1.9.5 Other individual terms and conditions made available by us through the Marketplace from time to time.
2. PERMITTED USE OF THE MARKETPLACE
2.1 When using the Marketplace, you are required to follow our acceptable use policy outlined in this Section 2. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use the Marketplace in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
2.1.1 Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
2.1.2 Any unauthorized access to machines, programs, data, or committing any other forms of cyber offences;
2.1.4 Provision of false, inaccurate, or misleading information;
2.1.5 Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
2.1.6 Spreading ethnically, racially, or otherwise objectionable information;
2.1.7 Spreading of religious content;
2.1.8 Spreading of hate speech;
2.1.9 Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
2.1.10 Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Marketplace;
2.1.11 Interfering with or abusing other Users;
2.1.12 Using bots, scripts, and other automated methods;
2.1.13 Scraping the data available on the Marketplace;
2.1.14 Offering or selling services or items not authorized by us;
2.1.15 Offering, selling, advertising or encouraging the use of tobacco, alcohol, medication, food supplements, and illegal substances; and
2.1.16 Collecting and disclosing any information about other Users without their prior valid consent.
2.2 If you think that some of the content available on the Marketplace is inappropriate, infringes these General Terms, applicable laws, or your right to privacy, please contact us immediately by email at email@example.com. If any content or User is reported as inappropriate, we will immediately delete the reported content from the Marketplace and suspend, during investigation of the conduct, the reported user.
2.3 By using the Marketplace, Users are solely responsible for your interactions with other Users. Users acknowledge and agree that we do not conduct any checks of the qualifications, certification, skills, the validity and scope of the obtained insurance policies, and background of the Users. We make no representations or warranties as to the conduct of the Users.
3. AVAILABILTIY AND FORCE MAJEURE
3.1 We put reasonable efforts to ensure that the Marketplace is always accessible to Users. However, the availability of the Marketplace may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third parties, failure to perform by our third-party service providers, or force majeure events, including, but not limited to: acts of God; strikes; governmental action; Internet disturbance; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; pandemics; and water floods. We take no responsibility for the unavailability of the Marketplace caused by such factors.
4. DISCLAIMER OF WARRANTIES
4.1 We provide the Marketplace on ‘as available’, ‘as is’, and ‘with all faults’ basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Marketplace, any content featured on the Marketplace, whether provider by us or by third parties, and hereby disclaim all warranties regarding the Marketplace and its operation.
4.2 It is Users’ sole responsibility to verify and assess the fit for the purpose of the Marketplace prior to using it and to decide whether or not the Marketplace fits for the intended use.
4.3 By using the Marketplace, the Users acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
4.4 Nothing in these General Terms shall affect any statutory rights that the Users are entitled to as consumers and that the Users cannot contractually agree to alter or waive.
5. LIMITATION OF LIABILITY
5.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with User’s use of the Marketplace, any content made available through the Marketplace, whether provided by us, the Users, or by third parties, any transactions concluded through the Marketplace, the Service Contracts, or use of the Marketplace for unauthorized or unlawful purposes. The Users agree not to hold us liable in respect of any losses arising out of any event specified in section 3 of these General Terms or any other events beyond our reasonable control.
5.2 We will not be liable to the Users or any other persons on whose behalf the Users use the Marketplace for any direct, indirect or consequential losses, which may be incurred by the Users in relation to the Marketplace, including, but not limited to, direct and indirect loss of profits, loss of goodwill or business reputation, loss of opportunities, and loss of data.
5.3 This Section 5 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
6.1 The Users agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including, but not limited to, attorneys’ fees, made by any third party due to or arising out of Users’ breach of these General Terms, Users’ use of the Marketplace, or Users’ violation of any law or the rights of a third party.
7.1 In the event that any provision of these General Terms is determined to be unlawful, void or unenforceable, the validity and enforceability of the remaining provisions of the General Terms shall not be affected as a result.
8. INTELLECTUAL PROPERTY
8.1 When the Users use the Marketplace, the Users may upload and submit the Users’ Content, such as photos, text, messages, videos, links, reviews, and files. Please note that some of the Users’ Content may become available to other Users of the Marketplace. Therefore, we request the Users to (i) exercise due diligence when uploading the Users’ Content onto the Marketplace, (ii) not to make any sensitive information publicly available to other Users, and (iii) make sure that, by uploading the Users’ Content onto the Marketplace, the Users comply with these General Terms.
8.2 By uploading the Users’ Content onto the Marketplace, the Users grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the Users’ Content for the purposes of operating the Marketplace and carrying our legitimate business interests.
8.3 The Users agree not to submit the Users’ Content that violates these General Terms or any applicable laws, including intellectual property rights of others, and the Users agree to pay all royalties, fees, and any other monies applicable to the Users’ Content.
8.4 The Users understand and agree that, in order to ensure the security of the Marketplace, we may, but have no obligation to, monitor or review the Users’ Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the Users’ Content, in whole or in part, that violates these General Terms or may harm the reputation of the Marketplace. However, the Users remain solely responsible for the Users’ Content.
8.5 The Users are not allowed to make publicly available personal data of persons who have not provided the Users with their written prior authorization to share personal data (e.g., the Users cannot publish name, photos, videos, and contact details of a person who has not allowed the Users to do so) through the Users’ Content.
8.6 The Users’ Content includes Users’ personal views and recommendations. None of the Users’ Content reflects our views, recommendations, endorsement, or any commitments related thereto.
8.7 Most of Our Content is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content includes, but is not limited to, text, images, audio-visual content, source code, trademarks, service marks, trade names, graphics, and button icons. Our Content is protected by the applicable intellectual property laws and international treaties. The Users are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on the Marketplace.
8.8 The Users may not use our brand, the word or figurative trademarks associated with the Marketplace, the Company, or third-party trademarks without a prior consent of a trademark owner. The Users are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with the Users without obtaining prior written consent from us.
8.9 Some of the intellectual property assets, such as third-party trademarks, featured on the Marketplace may be owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
9. GOVERNING LAW AND DISPUTES
9.1 Governing law. These General Terms shall be governed and construed in accordance with the laws of France, without regard to its conflicts of law provisions.
9.2 Language. These Terms are written in English language. In the event these Terms would be translated into other languages, the English language version shall prevail.
9.3 Disputes. The Users agree to resolve any disputes with us by means of negotiation with the Company. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted in strictly confidential manner, to the binding online arbitration, unless the applicable law permits otherwise. If the Users use the Marketplace as the Buyers, the Users can submit the dispute to the Commercial Court of Paris. If the Users use the Marketplace as the Buyers based in the EU, the Users can choose to submit the dispute to the ADR mechanism specified in section 9.5.
9.4 This Section 9 does not affect any statutory rights that the Users are entitled to as consumers.
9.5 Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR Marketplace provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
10.1 Term and termination. The General Terms enter into force on the date indicated at the top of the General Terms and remain in force until updated or terminated by us.
10.2 Amendments. We reserve the right to modify these General Terms at any time, effective upon posting of an updated version on the Marketplace. Such amendments may be necessary due to the changes in the requirements of laws, regulations, the features of the Marketplace, or our activities. We will send the Users a notification (if we have those Users’ email addresses) about any material amendments to the General Terms that may be of importance to the Users. The Users are responsible for regularly reviewing these General Terms. The Users’ continued use of the Marketplace after any changes shall constitute Users’ consent to such changes. We also reserve the right to modify the services provided through the Marketplace and the functionalities and features of the Marketplace at any time, at our sole discretion.
10.3 Breach of the General Terms. If we believe, at our sole discretion, that the User violates these General Terms and it is appropriate, necessary or desirable to do so, we reserve the right to:
10.3.1 Send the User a formal warning;
10.3.2 Temporarily or permanently prohibit User’s use of the Marketplace;
10.3.3 Report the User to the relevant public authorities; or
10.3.4 Commence a legal action against the User.
10.4 Transfer of rights and change of ownership. The Users are not allowed to assign Users’ rights under these General Terms. We are entitled to transfer our rights and obligations under these General Terms entirely or partially to a third party by giving a prior notice to the Users. We are also entitled to sell the Marketplace to third parties. If the Users do not agree to the transfer or change of the ownership of the Marketplace, the Users can terminate these General Terms with immediate effect by ceasing to use the Marketplace.
10.5 Entire agreement. These General Terms, together with the documents referred to therein, represent the entire agreement between the Users and the Company regarding Users’ relationship with the Company and govern Users’ use of the Marketplace.
Any questions about these General Terms can be addressed to the Company by using the following contact details:
Postal address: 66 Avenue des Champs-Élysées, OCP Business Center 4, Paris, 75008, France.