These Terms and Conditions of Use and Sale (thereafter « the Terms ») are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.
The Terms are brought to you by Wicupp SASU, share capital of which is 1000 €,, currently being registered in France and which registered office is located at 15 rue des Halles, 75001 PARIS (thereafter « Wicupp »).
The below listed words define :
And : « Provision » : provision of Ad publishing service, of Ad searching service, or any option that it is possible to buy or to which it is possible to subscribe to on the Website (from the Publisher and not from the Advertisers) ; « Customer » : the User buying a Provision on the Website ; « Consumer», in accordance with the definition of the European Parliament Directive 2011/83/EU, a « natural person() who (is) acting outside (his or her) trade, business, craft or profession ».
The User is invited to carefully read the following Terms, and to print or save them on a durable medium. The User acknowledges having read the Terms, accepted them, and undertakes to comply with them.
The Website is published by Wicupp SASU.
Legal mentions concerning the host and Publisher can be found in the Legal Notices of the Website ; policy regarding the gathering and use of Users data can be found in the Privacy Policy of the Website.
The purpose of the site is the following : "Marketplace to search and access events".
The present Terms describe the entire agreement between the User and the Website. The Terms may be modified at any time by the Publisher or one of its representative. The Terms applicable to the User are those in effect on the date of their acceptance by the User. The Publisher agrees to archive its older version of the Terms, and to send them to any User who so requests.
The acquisition of a product, creation of an account on the Website, and in a broader sense, navigation on the Website implies acceptance by the User of the whole Terms, the User thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and conditions of this site.". Ticking this box will be considered to have the same value as a handwritten signature from the User. The User recognizes the value of evidence from the Website automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms implies on the part of the User that he or she does have the legal capacity necessary to do so. If the User is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The Publisher of the Website is only an intermediary between the Acquirer and the Advertiser.
Every Acquirer and Advertiser are each entering through those Terms into a contract of service delivery with the Publisher, which purpose is to benefit from a technical platform allowing both parties to communicate and find each others. An Acquirer and an Advertiser may or may not enter in another contract, in mutual agreement (e.g. a sale or a rental contract for the good advertised in the Ad).
The publisher is only playing a role of intermediary and is not the mandatary of neither Acquirer or Advertiser. If any dispute should arise between those two parties, and if amicable resolution of said dispute should fail, any legal proceedings regarding the execution of their deals shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
Users are offered the option of contributing to the contents of this Website, namely by posting comments and Ads.
The Website is a publishing platform and its Publisher undertakes to remove any Ad that is manifestly unlawful and reported as such. If an offensive, defamatory or illegal content is published on the Website, any User can report it to the Publisher who will remove the content.
The Publisher will not be held responsible a priori for any unlawful content published by a User, if no reporting of this content was made beforehand.
If a User does not comply with the applicable legal dispositions, third party interests, or the Terms on the Website, the Publisher may take, without owing any damage compensation to the User, the following corrective actions :
Users are advised that the Publisher, represented if necessary by moderators, can choose to publish the comments on this Website, on newsletters or on the websites of its partners, provided that the Publisher includes the pseudonym of the author of the comment.
The author of the comment therefore waives his or her rights to it, to the benefit of the Publisher and for any kind of distribution, use or purpose, even commercial, on the Internet medium ; this, of course, provided that author paternity rights are always respected.
Acquirers may be asked to provide testimonials on the Advertisers during their use of the Service. Those testimonials, with their author's pseudonym, may appear on the Website pages and be visible to all Users.
The Publisher is not responsible for any of those feedbacks, ratings and testimonials, and is only recording them and aggregating them in order to display them on the Website.
The Publisher may delete, without any notice, any content reported as illicit.
Unless otherwise stated, an Ad is published on the Website for a period of 5 years.
At the end of each said period, an e-mail could be sent to the Advertiser to allow him to remove it, edit it or continue its diffusion. If an Ad published for free on the Website has been online for more than one year (365 days), the Publisher may remove it without any notice.
The Advertiser undertakes to comply with the applicable standards, laws, regulations in the publishing of his or her Ads and the dealings with Users and Acquirers, and to respect third-party interests.
The Advertiser guarantees that graphical and textual depictions in the Ad he or she published reflect the good or service depicted as much as possible, but neither the Advertiser nor the Publisher can guarantee that all depictions accurately reflect the true appearance or characteristic of the good or service depicted.
The Advertiser guarantees that he or she has the right to use those textual or graphical depictions as used in the published Ad, and that he or she is the rightful owner (or rightful mandatary) of the good or service depicted in the Ad.
The Advertiser will not offer any good or servicer which distribution is forbidden to him or her by legal dispositions or contractual agreements.
The registered User on the Website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The User is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can ask for a generate a new one. This password is the guarantee of confidentiality of information contained in the User account, and the User will refrain from transmitting or communicating it to third parties. Otherwise, the Website will not be held liable for unauthorized access to a User account.
Creating an account is a prerequisite to any order or member contribution on the Website. To this purpose, the member can be asked to provide personal information. The member agrees to provide accurate information.
Data collection purpose is the creation of a member account ; this account allows the User to check all orders and contributions made on the Website with the account. The Publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
The Publisher reserves the exclusive right to delete the account of any member who may have breached these Terms, including but not limited to the following cases :
Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the Publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Members are free to delete their account on the Website. In order to do so, the member can send a e-mail to Wicupp stating that he or she wants to delete the account. No data recovery is possible after account deletion.
Provisions offered to the Customer by the Publisher are listed on the Website and separated from the goods and services offered by the Advertisers in their Ads. The quantity of those Provisions can be limited and will be available on a first come, first served basis. The Customer can order those Provisions and pay by credit card. The credit card payments are made through secure transactions provided by an online payment platform provider.
Billing details and method (per time period, according to a level of resources utilization, etc.) are detailed on the Website. In case of automatic direct debit payments amount, date or frequency will be specified during the subscription process and may vary for each Customer.
This Website has no access to any Customer payments data. Payment is made directly to the bank or online payment platform provider. If the Customer is paying by bank check or transfer, delivery time periods defined in these Terms shall only run from the date the Publisher actually receives the payment, the latter having full choice of means to prove this date.
Unless otherwise stated the prices listed in the Website are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
Wicupp reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the Customer.
The Advertiser can subscribe to paying publishing options ; the subscription is considered as the purchase of a Provision, subject to the conditions listed in the dedicated article of the Terms.
Unless otherwise stated an option is subscribed for, and applicable to, only one Ad. Thus a Customer cannot transfer an option he or she subscribed to from an Ad to another.
A Customer can subscribe to several options for the same Ad, be it simultaneously or not. The price of each option can vary according to the option subscribed to, the subscriber being a Consumer or not, and the category of the Ad. A pricing table listing all applicable prices is published on the Website.
Some Ads may require a payment from the Advertiser to be published on the Website ; the publishing of such an Ad is then considered a purchase of a Provision, subject to the conditions listed in the dedicated article of the Terms.
Wicupp will archive purchase orders and invoices on a reliable and durable medium, as a true copy in accordance with the conditions of the article L.221-1 of the French Code de la consommation. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
The "Basket" will be defined as an immaterial container with all the Provisions selected by the User for a purchase or subscription by clicking on them.
As soon as the User deems to have selected and added to the basket all the Provisions he or she wish to buy, the User will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The User will then be redirected to a summary page on which the number, characteristics, subscription conditions and billing method (if applicable), and unit price of the ordered provisions will be listed for he or she to review.
If the User wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms and hit the submit button. The User will then be redirected to a page where he or she will fill the order form fields by entering some personal information necessary to the placing of the order.
Once the User has completed and submitted the form, he or she will be redirected to the online payment page where the User can make online payments by credit card or by bank transfers, or will access the required information to send a bank check. An e-mail will shortly be sent to the User, confirming the order and listing its specifics and price.
Provisions (e.g. publishing a paid Ad, or other chargeable option) are immediately completed, or require a very short delay for moderation ; this delay cannot exceed 7 days.
In accordance with the French Code de la consommation (article L221-28), and considering that Wicupp, as well as being an intermediary between Users, is also providing the Customer with chargeable options which effect begins as soon as the options are subscribed to and are fully or largely performed immediately after purchase, the right of withdrawal cannot be exerted by the Customer if he or she gave express consent to the waiver of this right when purchasing the option.
Any withdrawal will thus be considered a cancellation of the contract and therefore of planned future payments, if any. A withdrawal cannot lead to the refund of any amount already paid for past use of the Service.
In case of default (failure to perform a contractual obligation) from a party (Customer or Publisher), the contract can be automatically terminated by the other party after the filling and sending of a letter of formal notice by registered post with proof of receipt. The letter will indicate the failures that have been noticed.
In the event of termination the Publisher will notify the Customer of the coming termination of the subscription to the Service, and the Customer will stop using his or her credentials to access the Service.
The Publisher is offering through the Website a platform allowing its Users to close deals based on the publishing of Ads ; the Publisher collects a commission on those deals.
When an order is made through the Website the Seller accepts to pay a 3.5% + 0.30 euros % commission of the total amount of the order to the Publisher. Some exceptions in the commission amount may apply, according to the following conditions : No fees when the event is free.
This commission applies whatever payment method the Buyer may use, and is owed to the Publisher as soon as the Buyer confirms his or her order on the Website.
The Website assistance service is available by e-mail at the following address : contact@wicupp.com or through mail at this address : 1 square Marcel Toussaint, 75015 Paris.
The potential trade relationship between an Seller properly identified as a professional and a Buyer will be regulated by the Terms ; if need be specific conditions can complete or supersede the Terms if those are properly acknowledged and accepted by the Buyer before the order, and in compliance with applicable legal provisions.
The Seller must comply with any applicable legal regulations helping the Buyer to identify the Seller, namely in providing the Buyer with required legal notices such as (but not limited to) the name of the Seller, the legal/professional status of the Seller if applicable, and the contact details.
Any professional Seller undertakes to comply with any laws and regulations applicable to his or her trade activity (namely registration number and accounting, social and tax obligations). The Seller, whatever his or her legal status, undertakes to declare to the authorities concerned (in compliance with the legal regulations that apply) any income generated by the sale of goods and services through the Website.
Any professional Seller usually active as an online reseller (besides his or her activity on the current Website) undertakes to display his or her own terms and conditions of sale on the Website, through his or her Ad or a link in the Ad, or at least to provide them if asked to do so by a User.
The Seller is entirely responsible for the sale of goods and services that he or she may advertise on the Website. The Seller undertakes to describe the advertises good or service to his or her best knowledge and in good faith.
The Seller is entirely responsible for the accuracy of the good or service information in the Ad (namely the price, characteristic and features, overall condition, origin, accessories if applicable, etc.), and undertakes that this information will not mislead the potential Buyers. On second-hand and used products, the Seller will truthfully describe the product's condition in the Ad.
The price of advertised goods and services are freely set by the Seller, but in compliance with the applicable legal regulations. The price will be displayed in the Ad or at least before the placing of the order with all taxes included (namely VAT, shipping taxes, etc.).
Sale contracts are dealt between the Seller and the Buyer, subject to the actual availability of the related product or service. The Seller undertakes to remove all out of stock or expired good or service in his or her Ads on the Website.
The Seller is notified by e-mail and in his or her Advertiser account on the Website when an order related to one of his or her Ad is made by a Buyer. The Seller must then prepare the product for shipping or prepare the delivery of the service paid for within 2 working days of this notification.
The Seller undertakes to make sure the conform good or service is properly delivered, in due time and without any damage ; by default the Seller is deemed responsible for the whole delivery process. The Seller will be able to waive his or her responsibility in only three cases if the delivery process does not unfold as agreed upon :
The Seller is solely responsible for the contracts concluded with the Buyers and, as such, undertakes to respect all applicable legal regulations in the matter, namely consumers protection, distance and online selling regulations.
All products sold by professional Sellers on the Website are protected by the following legal guarantees, in accordance with the articles 1641 and following of the French Code civil ;
The Seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (within 6 months if the product was sold as a used one).
After a period of 6 months following the delivery date, it will be up to the Customer to prove that the defect existed at the time of delivery.
The Customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the Website, it can be returned to the Seller who will refund or exchange it. All claims of exchange or refund must be made by post or by e-mail. Return merchandise shipping costs are the responsibility of the Seller.
If a product exchange is not possible (e.g. obsolete or out of stock product) the Buyer will be reimbursed buy the Seller for the amount of the order minus the carrier costs related the sending of the initial order.
Additional guarantees may be offered buy Sellers and, if applicable, will be specified to the Buyers before the completion of their order.
The Website allows any Advertiser (Seller) to publish Ads advertising goods or services that the User wish to sell to Acquirers (Buyers).
The Buyers acknowledges that advertised goods may be second-hand goods (as the Ad should then properly signal), in which case the bought products could show small defects due to normal wear and tear.
The information given during the order process are binding ; if an error should be made in the Buyer's contact details, the Advertiser could not be held responsible for the failure to properly ship the products bought by the Buyer.
In compliance with the French Code de la consommation (article L.221-18 and following), if the Buyer Consumer placed an order for a product on the Website from an Advertiser properly identified as a professional (not a Consumer), and if the Buyer's right of withdrawal applies (as a reminder, see a list of exceptions below), he or she can wait up to 14 days after the delivery of the order (or of the last parcel of the order, if several) to exert his or her right of withdrawal from the contract with the Seller.
The product must be returned in perfect condition and the undamaged original packaging. If applicable, it must be returned along with all its accessories. The return costs in case of withdrawal must be paid by the Buyer, and the latter must be able to prove the return of the product through a tracked parcel.
If the above terms are not met, the Buyer will lose his right of withdrawal and the product will be returned at his or her expense.
The Seller (or, if the sale has been paid through the Website, the Publisher) will reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he or she is informed of the Buyer’s decision to withdraw from the contract, or until the delivery of the product back to the Seller.
The Seller (or, if the sale has been paid through the Website, the Publisher) shall carry out the reimbursement using the same means of payment as the Buyer used for the order, unless the Buyer has expressly agreed otherwise and provided that the Buyer does not incur any fees as a result of such reimbursement.
The Publisher being merely an intermediary between the Buyer and the Seller, the former will have no role to play in the return process.
In compliance with the French Code de de la consommation (article L.221-28), Consumer's withdrawal right cannot be exerted for the following contracts :
In accordance to the French Code de de la consommation (article L.221-5), this model can be used by any Buyer Consumer, within the limits and conditions stated in the present Terms, to ask for a withdrawal from any contract concluded with a professional Seller.
(Please complete and return this form only if you wish to withdraw from the contract)
To : (contact details of the professional Seller)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) :
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper) :
Date :
(*) Delete as appropriate.
The Publisher is bound by an obligation of means; he or she cannot be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.
The Publisher cannot be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased Provisions, Wicupp shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise.
The choice and purchase of a Provision are under the sole responsibility of the Customer. The total or partial inability to use such Provision due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the Publisher, except in the case of a proven hidden defect, non-compliance, or genuine exercise of rights of withdrawal (if the Customer is a Consumer and withdrawal right is applicable to the contract, according to the French Code de la consommation - article L.221-18 and following).
The User expressly agrees to use the Website at his own risk and under his sole responsibility. The Website provides the User with indicative information and flaws, errors, omissions, misstatements and other ambiguities may exist. In any event the Publisher will no be liable for :
The hypertext links on the current Website may refer to other sites and the responsibility of the Publisher of the current Website cannot be engaged if the content of these sites contravenes the laws. The Publisher will not be held responsible of any harm caused to the User by his or her visit on those third-party sites.
Cookies allow the Website to identify its Users, customize their browsing experience and speed up the display of the Website pages through a data file saved on their computer or device. Cookies are typically used on the Website to 1) gather User navigation data to provide analytics and optimize User experience and 2) allow the User to log in to and access password-protected pages, including but not limited to his or her account pages.
The User acknowledges he or she has been informed of the use of cookies on the Website, and authorizes the Website and its Publisher to use cookies. The Publisher agrees to never disclose the content of these cookies to third parties, except in the course of legal proceedings. The User can refuse the use of cookies or configure his or her browser to be notified prior to their use. To do this, the User can proceed as follows :
The Publisher cannot be liable for any technical hinderance of the connection to the Website, including but not limited to hinderance due to a force majeure event, a maintenance, an update, changes being made on the Website, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the User computer.
Failure to connect to the Website is not considered harmful to the Users, and will not result in any right to any kind of compensation. The unavailability of the Website, even extended without any time limit and concerning one or several Provisions, can not be considered harmful to the Users and cannot result in the award of damages from the Publisher.
Unless otherwise stated, the Publisher or its licensors own the intellectual property rights of the Website and of material on the Website. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any User found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the Publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Trademarks and logos appearing on the Website are deposited by the Publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the French Code de la propriété intellectuelle (article L.713-2 and following).
Any notice concerning the Terms, Legal Notices or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that allows regular review of its prices and conditions, or by e-mail, using the addresses mentioned in the Legal Notices of this Website, stating the full name and contact details of the person writing the notice, and the subject of the notice.
Any claim or cause of action a User may have with respect to his or her use of the Website, its pages, services or the social network pages of the Publisher must be reported within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
It is possible that there are, on the whole Website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms, Legal Notices or Privacy Policy of the Website. In addition, it is possible that unauthorized modifications happen to be made by third parties on this Website or related services (social networks ...). The Publisher makes every effort to ensure that such discrepancies be corrected.
Any User can contact the Publisher using the addresses mentioned in the Legal Notices of this Website, to give, if possible, a description of an error and its location (URL), as well as sufficient information for the Publisher to be able to contact back the User.
If any clause of these Terms should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect.
They supersede all previous or contemporary written or oral agreements. The Terms are not assignable, transferable or sublicensable by the User himself/herself.
A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the Terms. The parties agree that all correspondence relating to these Terms shall be in French language.
These Terms are subject to the application of French law.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms may be submitted to the discretion of the Publisher with a view to a friendly settlement, before any legal proceedings.
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the article L.612-1 of the French Code de la consommation, Wicupp SASU guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.
Wicupp SASU offers its nonprofessional customers (Consumers) the mediation of the following mediator :
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
All rights reserved - 9 February 2019