CGU

General Terms and Conditions of Use - VIPARIS STORE - Version dated 01/07/2019


WHEREAS

VIPARIS Le Palais des Congrès de Paris, a Simplified Limited Company, registered in the Paris Trade and Companies Register under number 712 045 491, whose registered office is at 2, Place de la Porte Maillot (hereafter referred to as “VIPARIS” or “the OPERATOR”) publishes and operates the online platform accessible at https://viparisstore.com (hereinafter referred to as “the PLATFORM”).

The PLATFORM offers an intermediary service between the vendors or professional service providers (hereafter “the SUPPLIERS”) and professional buyers, exhibiting in EVENTS taking place in one of the SITES operated by VIPARIS (hereafter “the CLIENTS”) for the distribution of the PRODUCTS and SERVICES necessary for the development and promotion of their stand (hereinafter “the PRODUCTS and Services”).

In this context, it is recalled that VIPARIS acts only as a simple technical intermediary and does not moderate the content published by the SUPPLIERS. Apart from cases in which VIPARIS acts directly as SUPPLIER, VIPARIS’s role is limited to hosting SUPPLIERS’ offers on the PLATFORM and putting them in contact with the CLIENTS.

Furthermore, the sale of the PRODUCTS and SERVICES to the CLIENTS is not governed by these General Terms and Conditions of Use, but by the General Terms and Conditions of Sale specific to each SUPPLIER.

ANY USE MADE OF ANY PART OF THE PLATFORM WHATSOEVER NECESSARILY IMPLIES UNRESERVED ACCEPTANCE BY THE USER OF THESE GENERAL TERMS AND CONDITIONS OF USE (GTCU).

 

ARTICLE 1. DEFINITIONS 

In these GENERAL TERMS AND CONDITIONS OF USE, the following terms have the following meanings:

  • “BACK-OFFICE”: means the interface allowing the SUPPLIER to access its personal space.  
  • “CLIENT”: means any natural person or legal entity acting as a professional, exhibiting or organising EVENTS on one of the sites operated by VIPARIS, accessing the PLATFORM and purchasing PRODUCT(S) and/or SERVICE(S) from a SUPPLIER.
  • “ORDER”: means the purchase of any PRODUCT and/or SERVICE from the SUPPLIER by a CLIENT via the PLATFORM.
  • "ACCOUNT": means the interface hosted on the PLATFORM in which all the data provided by the CLIENT or the SUPPLIER is collected. The ACCOUNT may be accessed using IDENTIFIERS. 
  • “GENERAL TERMS AND CONDITIONS OF USE” or “GTCU”: means these contractual terms and conditions made available on the home page of the PLATFORM, in order to govern its use by any USER.   
  • “GENERAL TERMS AND CONDITIONS OF SALE” or “GTCS”: means the contractual terms and conditions governing the sale of PRODUCTS and/or SERVICES by SUPPLIERS to CLIENTS.
  • “CONTRACT FOR LISTINGS AND PROVISION OF AN ONLINE PLATFORM”: means the contractual terms governing the provision of the PLATFORM SERVICES by VIPARIS to SUPPLIERS.
  • “IDENTIFIERS”: means the email address and the password provided by the Client or the Supplier when creating its Account, necessary to access their account on the PLATFORM. 
  • “EVENT”: means exhibitions, trade shows, trade fairs of a commercial, industrial or artisanal nature as well as anything that may be related to these events, such as congresses, seminars, conferences or rental of rooms, intended to be hosted by VIPARIS on its SITES.
  • “OPERATOR”: means VIPARIS as publisher and operator of the PLATFORM..
  • "PLATFORM": means the internet PLATFORM accessible at the address: https://viparisstore.comThe PLATFORM contains all the web pages, services and features offered to USERS. 
  • “SUPPLIERS”: includes vendors and service providers whose PRODUCTS and/or SERVICES are referenced on the PLATFORM.
  • “PAYMENT SERVICE PROVIDER” or “PSP”: means the company, the holder of a bank license, providing, through the OPERATOR, payment services to SUPPLIERS for the purpose of enabling them to process payments from CLIENTS.
    The PAYMENT SERVICE PROVIDER of the OPERATOR is WEBHELP.

  • “SERVICE”: means any service offered by the SUPPLIER to the CLIENT via the PLATFORM.
  • “PRODUCT”: means all the products offered by the SUPPLIER to the CLIENT via the PLATFORM.
  • “SERVICES”: means all the services offered by VIPARIS to the USERS via the PLATFORM and, in particular, the listing of the SUPPLIERS and putting the CLIENTS in contact with the SUPPLIERS.
  • “SITES”: means the premises and areas operated by VIPARIS, namely: Paris expo Porte de Versailles; Le Palais des Congrès d’Issy; Paris Nord Villepinte; Paris Le Bourget; Le Palais des Congrès de Paris; Espace Grande Arche; Espace Champerret; Carrousel du Louvre.
  • “USER”: means any person who accesses and browses the PLATFORM, whether a SUPPLIER, CUSTOMER or simply an Internet user.
  • “WEBHELP”: means WEBHELP PAYMENT SERVICES, a Payment Institution approved by the Autorité de Contrôle Prudentiel et de Résolution, under CIB number: 16518 which is subject, in its capacity as such, to all legal and regulatory obligations applicable to Payment Institutions under French jurisdiction.

 

ARTICLE 2. PURPOSE

The purpose of these GENERAL TERMS AND CONDITIONS OF USE entered into between VIPARIS, on the one hand, and the USER, on the other hand, is to set the contractual stipulations relating to the respective rights and obligations of the PARTIES in connection with the use of the PLATFORM and all the SERVICES offered by it.

ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS

Use of the functionalities of the PLATFORM and the SERVICES implies acceptance of these GTCU.

USERS therefore undertake to read these GTCU carefully when accessing the PLATFORM and are invited to download, print and keep a copy.

These GTCU are referenced at the bottom of each page of the PLATFORM by means of a hypertext link and can therefore be consulted at any time.  

ARTICLE 4. TECHNICAL SPECIFICATIONS 

By using the PLATFORM, USERS acknowledge that they have the resources and skills required to use the PLATFORM. 

USERS shall be responsible for the equipment required to access and use the PLATFORM, as well as the telecommunications costs resulting from its use.

ARTICLE 5. THE OPERATOR'S ROLE 

5.1. VIPARIS’s involvement

VIPARIS can have two distinct roles on the PLATFORM:

  • Acting as a simple intermediary

The PLATFORM published by VIPARIS consists of bringing together, electronically, USERS who are SUPPLIERS and CLIENTS with a view to selling the PRODUCTS and/or SERVICES.

Except in cases where it acts as SUPPLIER, VIPARIS does not exercise any control over the sale of PRODUCTS and/or the provision of the SERVICES and is not involved in transactions between the SUPPLIER and the CLIENT.

The sale agreement is therefore entered into exclusively and directly between the SUPPLIER and the CLIENT with VIPARIS acting as a mere technical agent.

All details regarding the prices of the PRODUCTS and/or the SERVICES and their descriptions are drawn up by the SUPPLIERS, without the involvement of VIPARIS, which is paid by a fixed fee and a commission levied on sales of the PRODUCTS and/or SERVICES purchased by the CLIENTS from the SUPPLIERS.  

Finally, it is specified that these General Terms and Conditions of Use do not under any circumstances confer on USERS the status of employee, agent, proxy or representative of VIPARIS.

  • VIPARIS's involvement as a SUPPLIER in connection with the sale of PRODUCTS and/or SERVICES

VIPARIS sells its own PRODUCTS and/or SERVICES directly on the PLATFORM.

In such cases, the USER is informed of the fact that the SUPPLIER is VIPARIS by noting the words “Seller: [relevant Viparis group company] ".

 

5.2. Fairness, Clarity and Transparency

In accordance with Articles 242 bis and 171 AX of the General Tax Code (CGI), the OPERATOR undertakes to:

  • Deliver to SUPPLIERS in January of each year a summary statement of all transactions and turnover achieved in the previous financial year through the PLATFORM;
  • Provide all of the SUPPLIERS with as precise as possible information on their civil and tax obligations in connection with the sale of their PRODUCTS and/or SERVICES via the PLATFORM (see Appendix 1: Information regarding civil and tax obligations);
  • Have an independent third party certify compliance with these obligations, each year, before 15 March.  
  • If necessary, provide the tax authority with the information it requires to do so.

 

ARTICLE 6. CONDITIONS OF ACCESS AND REGISTRATION  

Any USER exhibiting or organising an EVENT taking place on a VIPARIS SITE may access the PLATFORM, consult the PRODUCTS and SERVICES and benefit from the SERVICES described in Article 7.1 of these GTCU.

USERS wishing to become CLIENTS or SUPPLIERS are invited to follow the registration procedure set out below.

 

Article 6.1. SUPPLIER Registration Procedure

USERS wishing to become SUPPLIERS must first contact VIPARIS using the contact form available on the PLATFORM by clicking on the "Become a Service Provider" button.

Any USER wishing to become a SUPPLIER must first be listed with VIPARIS. Otherwise, USERS must complete an application form to return to VIPARIS along with the required documents.

USERS who become SUPPLIERS warrant at the time of their approval by VIPARIS that the data they provide are true, honest and accurate. In the event of a change in its situation, the SUPPLIER must immediately inform VIPARIS of its new information.

In the event that the SUPPLIER provides inaccurate or out-of-date information, VIPARIS may immediately suspend or terminate the SUPPLIER’s account without notice or compensation.

The registration and contractual relations between VIPARIS and the SUPPLIERS wishing to offer the PRODUCTS and/or SERVICES on the PLATFORM are governed by the CONTRACT FOR LISTINGS AND PROVISION OF AN ONLINE PLATFORM, available on request from VIPARIS's Purchasing Department by emailing the following address: service.achats@viparis.com

 

Article 6.2. Procedure for registering as a CLIENT

Any USER wishing to have full access to all free features offered by the PLATFORM must first create an ACCOUNT to become a CLIENT.

Registration on the PLATFORM as a CLIENT is free of charge.

To create an ACCOUNT, USERS are invited to provide the following information:

  • Legal name;
  • SIRET number;
  • First name; 
  • Surname;
  • Email address.

USERS wishing to become CLIENTS agree to provide VIPARIS with true, accurate and up-to-date data that do not in any capacity infringe the rights of third parties, and to provide VIPARIS with any necessary updates to the data provided upon registration.

Lastly, USERS must validate these GTCU before finalising their registration.

Once the registration form has been completed, the password will be automatically generated and sent to the CLIENT by email to the email address provided. The CLIENT may change his/her password the first time he/she logs in. The email address and password are the CLIENT’s IDENTIFIERS.

The CLIENT undertakes to create only one ACCOUNT on the PLATFORM. VIPARIS does not accept any liability for any damaging consequences of using multiple ACCOUNTS for any single CUSTOMER.

USERS are fully responsible for the accuracy and updating of the data provided in connection with the opening and management of their ACCOUNT.

 

6.2.1. Management of IDENTIFIERS 

The CLIENT will be solely responsible for the use of his or her IDENTIFIERS and actions carried out through his or her ACCOUNT.

In the event that a CLIENT discloses or uses his or her IDENTIFIER in a manner for which they were not intended, VIPARIS may terminate the ACCOUNT without notice or compensation.

Under no circumstances shall VIPARIS be held liable in the event that the identity of a CLIENT is stolen. Any access and action carried out from a CLIENT’s ACCOUNT will be presumed to be made by that CLIENT insofar as VIPARIS does not have an obligation and does not have the technical means to ensure the identity of people who have access to the PLATFORM from an ACCOUNT.

Any loss, misappropriation or unauthorised use of a CLIENT’s IDENTIFIERS and their consequences are the sole responsibility of the CLIENT, the latter being required to notify VIPARIS, of this immediately by email to the following address: contact@e-viparisstore.com.  

 

6.2.2. De-registration 

The CLIENT may close his or her Account at any time by sending an email to contact@e-viparisstore.com. VIPARIS will deactivate the Account as soon as possible and send the Client an e-mail confirming the closure of his/her Account and the definitive deletion of all of his/her information on the PLATFORM.

 

ARTICLE 7.  SERVICES

Article 7.1. SERVICES offered to all USERS

Any USER can access the PLATFORM, as well as its various functionalities.

One of the main SERVICES offered by VIPARIS consists of offering any USER the ability to search for specific PRODUCTS and/or SERVICES using the various tabs or using the search engine.

 

7.1.1. Search by category

USERS have access to different categories of PRODUCTS and SERVICES, each category including sub-categories.

By clicking on the category of their choice, USERS may access all the PRODUCTS or SERVICES listed in said category. USERS may then refine their search by accessing sub-categories listing all PRODUCTS or SERVICES offered for sale.

 

7.1.2. Search using the search engine

USERS may also use the search engine when searching for a specific PRODUCT or SERVICE.

 

Article 7.2. SERVICES offered to CUSTOMERS

By creating an ACCOUNT, all CLIENTS may access the following features available only to CLIENTS:

 

7.2.1. PRODUCT ORDERS and/or SERVICES

Any Customer may place an order for PRODUCTS or SERVICES offered by the SUPPLIERS via the PLATFORM.

Orders for PRODUCTS or SERVICES are placed directly on the PLATFORM. To make an order, the CLIENT must follow the steps described below:

a)      Selection of PRODUCTS or SERVICES

The PRODUCTS and SERVICES are presented by each SUPPLIER with a description enabling the CLIENT to understand their key features and the price.

The CLIENT should select the PRODUCT(S) or SERVICE(S) of its choice by choosing the desired quantity or, if applicable, the features of the desired PRODUCT. Once the PRODUCT or SERVICE has been selected, it is placed in the BUYER’s basket.

 

b)      Orders

Once the PRODUCTS or SERVICES have been selected and placed in their basket, CLIENTS must click on the basket and check that the contents of their order are correct. If the CLIENT has not yet done so, he/she/it will be invited to sign in or register.

The Customer is invited to check the content of his order (including the quantity and references of the PRODUCTS or SERVICES ordered, the invoicing address, the means of payment and the price) before confirming its content.

The CLIENT shall then read and accept the Marketplace GTCS by clicking to confirm.

 

c)      Acknowledgement of Receipt

The CLIENT will receive an email confirming that its order has been received. However, the sales contract concluded between the CLIENT and the SUPPLIER is subject to the condition subsequent of availability of the PRODUCT or the SERVICE.

In the event of non-availability of a PRODUCT or SERVICE, the SUPPLIER shall inform the CLIENT thereof within two (2) business days of order confirmation.

In such case, the agreement between the CLIENT and the SUPPLIER shall be automatically terminated and each Party shall be released from its obligations. The CLIENT's bank account shall not be debited.

In the event that the CLIENT has ordered more than one PRODUCT or SERVICE, this termination only applies to the part of the contract relating to the sale of the unavailable PRODUCT or SERVICE.

 

d)      Order Date – Shipping – Delivery

The delivery times stated on the PLATFORM are understood as lead times for the shipment of the PRODUCT. Consequently, these deadlines shall only run from acceptance of the order by the SUPPLIER.

The SUPPLIER undertakes to meet the deadline stated on the product sheet for shipping the PRODUCT.

 

e)      Invoicing

As soon as VIPARIS receives the confirmation of shipment of the PRODUCT or the performance of the SERVICE from the SUPPLIER, the CLIENT's bank account will be debited with the amount of the order.

The CLIENT must promptly confirm in his or her “Personal Space” the receipt of each PRODUCT ordered. Otherwise, the PRODUCT shall be deemed to have been received within thirty (30) days from the date of dispatch by the SUPPLIER.

 

7.2.2. Access to the ACCOUNT Dashboard

By creating an Account, CLIENTS will have access to a dashboard enabling them to modify their personal information.

CLIENTS may also track their ORDERS.

Finally, CLIENTS may access the history of all their ORDERS.

 

Article 7.3. SERVICES offered to SUPPLIERS

VIPARIS offers its professional USERS the opportunity to become SUPPLIERS in order to be able to benefit from certain SERVICES, and in particular to be able to be put in contact with CLIENTS to offer its PRODUCTS and/or SERVICES.

To this end, the potential SUPPLIERS are invited to follow the steps described in Article 6.1. hereof.

 

ARTICLE 8.  THE PARTIES’ OBLIGATIONS

8.1. USERS’ obligations

In the context of the use of the PLATFORM, each USER undertakes not to infringe public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GTCU.

Each USER is required to:

  • Behave fairly and with all due care in relation to VIPARIS and third parties;
  • Be honest and truthful in the information provided to VIPARIS and, where applicable, to third-party USERS;
  • Use the PLATFORM in accordance with its purpose as described in these GTCU;
  • Refrain from deviating from the purpose of the PLATFORM to commit crimes, offences or fines punishable by the Criminal Code or any other law;
  • Respect the privacy of third parties and the confidentiality of exchanges;
  • Respect the intellectual property rights of VIPARIS regarding the PLATFORM’s features and, where applicable, the intellectual property rights of other USERS;
  • Refrain from attempting to infringe, within the meaning of Articles 323-1 et seq. of the Criminal Code, the automated data processing systems implemented on the PLATFORM;
  • Refrain from changing the information posted online by VIPARIS or by any other USERS;
  • Refrain from using the PLATFORM to send unsolicited messages in bulk (advertising or other);
  • Refrain from distributing data that reduces, disorganises, slows down or interrupts the normal operation of the PLATFORM.

In compliance with the legal and regulatory provisions in force and in accordance with the Law of 29 July 1981 relating to the freedom of the press, USERS undertake not to distribute any message or information which is:

  • Wrongfully denigrating towards VIPARIS or the USERS;
  • Contrary to public order and good morals.
  • Injurious, defamatory, racist, xenophobic, revisionist or damaging the honour or reputation of others;
  • Inciting discrimination, hatred of a person or group of persons on the basis of their origins or membership or non-membership of a particular ethnicity, nation, race or religion;
  • Threatening to a person or a group of persons;
  • Paedophilia;
  • Encouraging the committing of an offence, crime or act of terrorism or promoting war crimes or crimes against humanity;
  • Incitement to suicide;
  • Allowing third parties to acquire directly or indirectly pirated software, software serial numbers, software enabling piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and generally any software or other tools capable of infringing the rights of others and the security of persons and property;
  • of a commercial nature (prospecting, solicitation, prostitution, etc.).

 

8.2. VIPARIS'S OBLIGATIONS

VIPARIS is subject to a general obligation to use its best efforts. VIPARIS will not be held to any higher performance obligation or best efforts obligation of any kind.

VIPARIS undertakes to make every effort to ensure continuity of access to and use of the PLATFORM.

VIPARIS nevertheless draws USERS’ attention to the fact that the current Internet communication protocols do not provide for the definite and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).

Access to the PLATFORM may be suspended for maintenance or upgrade reasons in order to ensure the SITES work properly, without any obligation to inform USERS at VIPARIS’s expense.

ARTICLE 9.  LIABILITY

9.1. General principles

VIPARIS does not accept any liability, and in particular:

  • if it is impossible to temporarily access the PLATFORM for technical maintenance operations or to update published information. USERS acknowledge that VIPARIS shall not be held liable for malfunctions or interruptions in the said networks of communication;
  • in the event of virus attacks, illegal intrusion into an automated data processing system;
  • in the event of abnormal use or illegal operation of the PLATFORM by a USER or a third party;
  • with regard to the content of third-party websites to which hypertext links are linked on the PLATFORM;
  • in the event of non-compliance with these GTCU attributable to the USERS;
  • in the event of a delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in Article 10 of these GTCU;
  • in the event of an external cause not attributable to VIPARIS;
  • in the event of unlawful conduct by a SUPPLIER, or of a breach of contract for which a SUPPLIER is guilty;
  • any problem encountered during the performance of the ORDER by the SUPPLIER.

In the event of abnormal or illegal use of the PLATFORM, USERS shall be solely liable for damages caused to third parties and the consequences of claims or actions that may result therefrom.

 

9.2. Hosting status

With the exception of cases where VIPARIS is the SUPPLIER, the USERS acknowledge that VIPARIS is a hosting provider within the meaning of Article 6 I 2° of the Law of 21 June 2004 on trust in the digital economy, known as the LCEN.

In this respect, VIPARIS reserves the right to remove any content reported to it that it shall consider to be manifestly unlawful within the meaning of Article 6 I 2° of the Law of 21 June 2004 on trust in the digital economy known as the LCEN.

Notification of content that is manifestly unlawful by a USER or any other third party must be sent by e-mail to contact@e-viparisstore.com or sent by registered post with acknowledgement of receipt to: Viparis Service Exposant 2 place de la porte Maillot 75017 PARIS - FRANCE.

In accordance with Article 6 I 5° of the Law of 21 June 2004 on confidence in the digital economy, the notification must include the following elements in order to be valid:

  • the date of the notification;
  • if the notifier is a natural person: his or her surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body that legally represents it;
  • the name and domicile of the recipient or, if it is a legal person, its name and registered office;
  • a description of the disputed facts and their precise location;
  • the reasons for which the content must be removed, including the mention of legal provisions and evidence of facts;
  • a copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or proof that the author or publisher could not be contacted.

 

9.3. Disputes between USERS

With the exception of the cases in which it is SUPPLIER, VIPARIS draws USERS’ attention to the fact that any dispute arising between a CLIENT and a SUPPLIER must be dealt with by them, the SUPPLIER remaining solely responsible for fulfilling the PRODUCT ORDER or providing the SERVICES offered via the PLATFORM.

In the event of a dispute with a SUPPLIER, USERS may contact VIPARIS's Customer Service Department via the incident management module available to the CLIENTS on the PLATFORM.

VIPARIS will pass on the claim to the SUPPLIER in question, which will be solely responsible for handling the dispute.

In the event that no solution can be reached between the SUPPLIER and the USER, the latter may contact VIPARIS via the chat function available on the PLATFORM or on the following number: + 33 (0)1.40.68.16.16. In this case, VIPARIS will intervene as mediator.

 

ARTICLE 10.  FORCE MAJEURE 

VIPARIS may not be held liable if the non-performance or delay in the performance of one of its obligations described in these GTCU results from a case of force majeure.

A force majeure applies to contractual matters where an event beyond the obligor’s control that could not reasonably be foreseen when the contract was concluded and whose effects cannot be avoided by taking appropriate measures, prevents the obligor from performing its obligation. 

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this respect, VIPARIS may not be held liable in particular in the event of an attack by hackers, the unavailability of hardware, supplies, spare parts, personal or other equipment; and the interruption, suspension, reduction or disruption of electricity or other systems or any interruption in electronic communications networks, as well as in the event of any circumstances or event external to VIPARIS occurring after the conclusion of the GTCU and preventing performance under normal conditions. 

In such a situation, the USER may not claim any compensation and may not take any action against VIPARIS.

In the event of the occurrence of any of the above-mentioned events, VIPARIS shall endeavour to inform USERS as soon as possible.

 

ARTICLE 11.  INTELLECTUAL PROPERTY

11.1. Ownership of SUPPLIERS’ intellectual property rights 

In the context of the marketing of the PRODUCTS or the SERVICES via the PLATFORM, the SUPPLIERS may display photographs, brands, logos, drawings and other models belonging to them or belonging to third parties.

Any SUPPLIER offering PRODUCTS or SERVICES for sale via the PLATFORM guarantees that it has the right to represent all the intangible elements presented in the CONTENT. 

In any event, VIPARIS shall not be held liable for any act of infringement, given its simple capacity as host of the CONTENT published by the SUPPLIERS.

Any Supplier grants VIPARIS free, non-exclusive, literary and artistic property rights linked to its content, media, description and/or comments for the entire term of their contractual relationship, in particular:  the right to reproduce, represent, copy, assign, modify, republish, communicate, distribute, adapt and more generally exploit all or part of the content, description and/or comments on the PLATFORM. These rights are granted worldwide for any use on any media and by any current or unknown broadcasting processes. The SUPPLIER expressly acknowledges and accepts that certain user content may be reformatted solely for the technical needs of the authorised operations and the SUPPLIER therefore grants the necessary rights of adaptation. The SUPPLIER expressly acknowledges and agrees that no use of the contents, materials, description and/or comments, as authorised hereunder, shall give rise to any compensation (in kind or in cash). This concession shall take place from the date on which content, media, descriptions and/or comments are sent to VIPARIS by any means.

The SUPPLIER therefore warrants to VIPARIS that it possesses the necessary rights over the content, medium, description and/or comments. “Rights” means the rights covered by the Intellectual Property Code, including copyright, trademark law and design and model law, on any existing or future medium. Under no circumstances may VIPARIS be held liable for any content, media, description and/or comments made available and/or communicated by a SUPPLIER in respect of which it does not hold the rights necessary for such disputed user content to be posted online.

 

11.2 Ownership of VIPARIS’s intellectual property rights  

The USER acknowledges VIPARIS's intellectual property rights over the PLATFORM, its components and related content, and waives its right to challenge these rights in any form whatsoever.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the PLATFORM, with the exception of CONTENT published by SUPPLIERS, are the exclusive intellectual property of VIPARIS and may not be reproduced, used or represented without express permission, subject to the threat of legal action.

Any representation or reproduction, in whole or in part, of the PLATFORM and its contents, by any process whatsoever, without the express prior authorisation of VIPARIS, is prohibited and shall constitute counterfeiting sanctioned by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Intellectual Property Code.

In particular, VIPARIS expressly prohibits:

  • The extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
  • Reuse of all or a qualitatively or quantitatively substantial part of the content of the database, in any form, by making it available to the public;
  • The reproduction, extraction or reuse, by any means, of the content (photographs, description, etc.) published by VIPARIS or a SUPPLIER. 

Acceptance of these GTCU constitutes acknowledgement by the USERS of the intellectual property rights of VIPARIS and an undertaking to comply with them.

VIPARIS grants a personal, non-exclusive and non-transferable licence to the USERS, authorising them to use the PLATFORM and the information it contains in accordance with these GTCU.

Any other use of the PLATFORM and its content is excluded from the scope of this licence and may not be carried out without the express prior permission of VIPARIS.

 

ARTICLE 12.  PERSONAL DATA PROTECTION

VIPARIS may collect personal data in connection with the use of the PLATFORM.

This data is necessary for the management of the PLATFORM and the provision of SERVICES. The data is kept confidentially by VIPARIS for the purposes of the contract and its performance, in compliance with the law.

12.1. In accordance with the legal provisions relating to the protection of personal data, and in particular those set out in: (i) Regulation (EU) 2016/679 of 27 April 2016 (hereinafter the "GDPR"), and (ii) Law no. 78-17 of 6 January 1978, as amended, on information technology, files and freedoms (hereinafter collectively referred to as the "Data Protection Regulations"). VIPARIS undertakes to comply with the obligations that apply to it.

12.2. The personal data provided by the USER will be processed by the companies in the VIPARIS Group in accordance with Appendix [2] hereto.

12.3. Under the Agreement, the information collected by the SUPPLIER may be processed, in a computerised or other manner, with the SUPPLIER acting, where applicable, as data controller for the purposes of managing and monitoring the contractual relationship and performance of the agreement between the CLIENT and the SUPPLIER (including VIPARIS).  In this respect, the SUPPLIER undertakes to comply with the Data Regulations and to ensure that data subjects’ rights of access, rectification, opposition on legitimate grounds and erasure, insofar as the data is not required in order for the GTCU to be performed, right to restrict processing and, where applicable, right to data portability to a third-party service provider, are complied with.

 

ARTICLE 13.  CUSTOMER SERVICE

Any question or complaint concerning the use or operation of the PLATFORM may be submitted in the following ways:

  • by e-mail to the following address: contact@e-viparisstore.com;
  • by post to VIPARIS, 2, place de la Porte Maillot, 75017 Paris - FRANCE;
  • by phone on  + 33 (0)1.40.68.16.16

 

ARTICLE 14.  VALIDITY OF GTCU 

If any of the provisions of these GTCU are declared null and void with regard to a current legislative or regulatory provision and/or a court decision with the authority of res judicata, such provision shall be deemed not to have been written but shall not affect the validity of the other clauses, which shall remain fully applicable.

Such an amendment or decision does not, under any circumstances, authorise USERS to disregard these GTCU.

 

ARTICLE 15.  AMENDMENTS TO THE GTCU 

These GTCU apply to all USERS navigating the PLATFORM.

The GTCU may be amended and updated by VIPARIS at any time, in particular to adapt to legislative or regulatory changes.

The GTCU applicable are those in force at the time of navigation on the PLATFORM.

 

ARTICLE 16.  GENERAL PROVISIONS  

The fact that one of the PARTIES has not invoked the application of any clause of these GTCU, whether permanently or temporarily, may not under any circumstances be considered as a waiver of said clause.

In the event of a difficulty of interpretation regarding any of the clause headings, such headings will be deemed not to apply.

 

ARTICLE 17.  APPLICABLE LAW AND JURISDICTION

THESE GTCU AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND VIPARIS ARE GOVERNED BY FRENCH LAW.

An English translation of the General Terms and Conditions of use may be provided as a courtesy. However, in the event of a dispute, the French version shall prevail.

In the event of a disagreement arising between VIPARIS and a USER regarding the interpretation, execution or termination of this agreement, the PARTIES shall endeavour to settle it amicably. In such cases, the USER is first invited to contact VIPARIS at the following address: contact@e-viparisstore.com

If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement on the occurrence of any dispute relating to this contract, including regarding its validity. The PARTY wishing to implement the mediation process must first inform the other PARTY by registered letter with acknowledgement of receipt indicating the nature of the dispute. Because mediation is not compulsory, USERS or VIPARIS may withdraw from the process at any time.

In the event that the mediation fails or is not envisaged, the dispute that may give rise to mediation shall be referred to the competent court of PARIS.

 

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SCHEDULE 1: Information on civil and tax obligations

Online platform operators are required to inform any USER that generates income on their PLATFORM about its civil and tax obligations.

Useful information is contained in information sheets describing the rules applicable to the declaration of income and the payment of social security contributions. The following forms are also available at the following addresses

 -         https://www.service-public.fr/professionnels-entreprises/vosdroits/N13442

In terms of social security, this income must give rise to rights to health insurance or pensions. This also applies to taxation: the income generated must be subject to tax.

We remind you that the explanations below are given for information purposes and do not replace the reading of legislative texts, comments from the administration and case law. We also wish to emphasise that the rules set out above are liable to change (in particular the different thresholds which are reassessed each year) and that each PLATFORM USER is solely responsible for its legal obligations.

Moreover, the tax authorities and social security funds are able to complete this basic information and answer any questions.

VIPARIS therefore advises all USERS to approach their tax office, social security office or specialist adviser when in doubt.

SCHEDULE 2: Personal data protection

1/ Data Controller: the Data Controller is as follows: VIPARIS Le Palais des Congrès de Paris (simplified limited company with share capital of €6,400,352, registered in the Paris Trade and Companies Register under number 712 045 491, whose registered office is in Paris (75017), 2 Place de la Porte Maillot);

2/ Personal data concerned: the personal data concerned are all the data provided by the USER to the Controller, including as part of their contractual relationship.

3 / Legal basis

Legal basis

Processing

Consent of the User by acceptance of the GTCU

  • management of the PLATFORM and the provision of SERVICES
  • signature and archiving of this document

User Consent

  • Sending of communication by the Controller to the User, if the latter has given its consent

 

Legitimate interests of the Data Controller:

(i)      maintaining contact and the business relationship with the Client

(ii)      enabling the flow of information between its companies with a view to optimising the management of its contracts

(iii)     defending its interests and ensuring the effective management of this agreement

  • Monitoring of the client relationship and improvement of services,
  • Sending of communications by the Data Controller
  • Transfer of data to the companies in the VIPARIS group 
  • Transfer of data to third parties under the conditions provided for in Article 5 below.

 

Compliance with a legal obligation

  • Processing carried out when a data subject exercises his/her right of access
  • Compliance with regulations (non-exhaustive example: keeping commercial and financial registers, detecting and preventing fraud, complying with anti-money laundering and counter-terrorism obligations, etc.)
  • Resolution of possible disputes






4 / Retention period: The Data Controller shall retain the data for the term of the contractual relationship and for an additional period of 10 (ten) years. Certain data may also be stored by reference to statutory limitation periods or for the purposes of ongoing litigation. Any connection logs will be stored for a maximum of 6 months, and cookies will be stored for a maximum of 13 months. 

5/ Recipients of personal data: the Controller may disclose personal data:

  • to the departments of the Data Controllers required to implement the GTCU;
  • to any company in the VIPARIS group;
  • to any company in the Unibail Rodamco Westfield group 
  • to any service provider acting as sub-contractor 
  • to any adviser, agent or service provider (including lawyers, notaries, experts, arbitrators and insurers) involved in administering this agreement, its performance, its translation, where applicable, or in a dispute relating to the GTCU.

6/ Transfer outside the European Union: the data subject’s personal data may be transferred outside the European Union by the Data Controller’s subcontractor(s). If necessary, such a transfer will be securely transferred via the EU-US Privacy Shield and/or by using the European Commission’s standard contractual clauses.

7/ Rights of Data subjects: Data subjects shall have a right to access, rectify, update, erase, and object to or restrict the data processing described above, as well as the right to data portability or to exercise any other rights under applicable personal data regulations, by writing to the Data Controller in question at the following address: dataprotection@viparis.com

Data subjects may also contact the French Data Protection Authority (“CNIL”) at 3, place de Fontenoy 75007 Paris, if they consider that their request to exercise one of the above-mentioned rights has not been properly dealt with or that their personal data has not been processed in accordance with the applicable regulations.