Customer Service 09 71 07 88 61 - contact@mytopmarket.com

Customer Service 09 74 76 91 81 - contact@mytopmarket.com

General terms and conditions of sale

Version online on 19.07.2021

  1. DEFINITIONS

Under these General Terms and Conditions of Sale (hereinafter the " GTC "All of the following capitalised terms have the following meaning and are to be understood in both the singular and plural:

MYTOP CLUB Subscription: subscription taken out by the Client allowing him to benefit from the Services for a fixed monthly fee;

JMM: JMM Publishing LTD, whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, company registration number: 12642117, VAT number GB364353690, represented by Alexandrina Cebotari, as Director;

Customer: any person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity who connects to the Site in order to purchase a Product and/or subscribe to the MYTOP CLUB Subscription;

Order: Order by a Client of a Product offered for sale on the Site and/or of the MYTOP CLUB Subscription;

Data: Any element (information, texts, photographs, messages, etc.) collected by the user and implemented by him/her within the Site and the Services through his/her use;

Personal data: Refers to any information relating to an identified or identifiable natural or legal person; an "identifiable natural or legal person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;

Functionality: Each element implemented, accessible and usable within the Site and Services;

Delivery: Provision to the Customer of the Product ordered on the Site;

Means of Access: Methods and/or functions by which a Customer may access the Site and/or one or more Services in order to use them for his own purposes;

Operator: Company which operates the various electronic telecommunications networks necessary for access to and use of the Site and Services;

Parties: Parties who have accepted and agreed to the GTC and the obligations contained therein;

Product: Goods offered for sale on the Site. The list of Products is available on :

https://www.mytopmarket.com/catalogue/

Price: Price indicated on the Site for a Product and for the MYTOP CLUB Subscription;

Services: All the services of the MYTOP CLUB Subscription made available to the Customer by JMM;

Site: the https://www.mytopmarket.com website of JMM allowing the Customer to access the sale of Products and/or the subscription to MYTOP CLUB ;

Third Parties: Refers to natural or legal persons who are not related by common ownership or control to JMM or other individuals not related to JMM and/or the Customer.

  1. PURPOSE OF THE GCV

The purpose of these GTC is to define the terms and conditions under which the Client may purchase Products on the Site and/or subscribe to the MYTOP CLUB Subscription.

For any request for information or contact, the Customer is invited to contact JMM at the following address: by telephone: 09 71 07 88 61 (Monday to Friday from 9am to 6pm) or by e-mail: contact@mytopmarket.com.

  1. ACCEPTANCE OF THE GCVS

The Customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose when placing an Order. The placing of an Order by the Customer implies full and unreserved acceptance of these GTC. The GTC are accessible at any time on the Site.

  1. MODIFICATION OF THE GCV

These GTC may be modified at any time by JMM. Any modification of the GTC will be the subject of a notice to the Customer on the Site.

The GTC applicable to the Customer shall be those in force on the day the Order was placed, and any new Order placed shall imply acceptance of the new GTC applicable on the day of the new Order.

  1. PRODUCTS

The Products offered for sale on the Site are :

https://www.mytopmarket.com/catalogue/

The main characteristics of the Products are presented on the Site, which the Customer is required to read before placing an Order.

  1. PRICE

The prices of the Products and the MYTOP CLUB Subscription appear on the Site and are expressed in euros and include all taxes.

The Prices of the Products do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the Order. Customs duties or other local or import taxes may be payable. These costs and duties shall be borne by the Customer and are the Customer's responsibility.

The Prices of the Products may be modified at any time on the Site. The price applicable to the Products concerned corresponds to the price in force at the time the Order is registered.

If the Customer is entitled to a discount or promotion code, it is the Customer's responsibility to indicate this in the appropriate section during the Order process. It will not be possible to indicate a promotional code or to benefit from a discount offer once the Order has been validated.

The price of the MYTOP CLUB subscription is 29 euros per month, including VAT, with automatic monthly payment by credit card.

  1. ORDER

The Customer is guided through the Ordering process by a series of simple instructions displayed on the Site.

The Customer may order Products on the Site by clicking on "PAY X EUR". The Customer may delete or modify the selected Product before validating the Order and accepting the GTC.

The Customer can order the MYTOP CLUB Subscription by clicking on "Subscribe now" on the https://www.mytopmarket.com/abonnement/. He may delete the MYTOP CLUB Subscription selection before validating the Order and accepting the GTC.

Confirmation of the Order by clicking on "Confirm payment" shall constitute an obligation to pay for the Customer.

An Order is paid for by secure payment, i.e. by payment or credit card: (MasterCard®, Visa®, American Express®, Maestro® [previously Switch], Visa Electron®, Visa Delta®, Carte Bleue and Bank Card). Payments by cash or cheque are not accepted.

If the Customer has a promotion or discount code, it must be entered during the Order confirmation process to be valid.

An e-mail acknowledging receipt of the Order and summarising the information contained therein will be sent to the address provided by the Customer directly after the Order has been placed.

Product offers are valid while stocks last, in accordance with the information available on the Site and when the Order is placed.

JMM reserves the right to refuse any Order without right to compensation for the Customer concerned if it is abnormal or for any other legitimate reason.

  1. DELIVERY

The Products shall be delivered within 30 days of the Order being placed, to the address indicated by the Client during the Order process.

The delivery time includes the time required to prepare and dispatch the Order.

In accordance with the applicable provisions, in the event of a delay in delivery, the Customer benefits from the possibility of cancelling the contract under the conditions provided for in articles L. 216-2, L. 216-4 and L. 241-4 of the Consumer Code. In this case, the Customer shall be reimbursed for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

The risk of loss or damage to the Products shall pass to the Customer at the time he/she takes physical possession of the Products covered by the Order.

  1. MYTOP CLUB SUBSCRIPTION SERVICES

By subscribing to the MYTOP CLUB Subscription when ordering on the Site, the Client expressly agrees to benefit from the MYTOP CLUB Subscription Services.

Through the Services, the Customer accesses private sales available on the site www.mytopmarket.com offering MYTOP CLUB Subscription members preferential prices by using a promotional code sent by e-mail to the Customer. The Customer is informed of private sales by e-mail.

Services include :

Preferential prices for the purchase of Products on the www.mytopmarket.com website;

Free shipping for the Order of Products purchased on the Site;

Event-based private sales sent by e-mail.

Unlimited download of ebooks from a partner site

In order to benefit from the advantages offered by the Services, the Customer must enter the e-mail address linked to his/her membership and his/her promotional code received by e-mail when placing Orders on the Site.

The MYTOP CLUB subscription is invoiced at 29 euros per month, including VAT, with automatic monthly payment by credit card.

The Client may terminate the MYTOP CLUB Subscription at any time, directly on the Website or on the www.mytopmarket.com website, by going to the " Cancel my subscription "You can also contact the customer service department at the address mentioned in article 2 of the GTC.

The MYTOP CLUB Subscription will then end immediately, no further monthly payments will be taken.

  1. COOLING-OFF PERIOD

The Customer has the right to withdraw from the Order without giving any reason within fourteen (14) days:

for Products: from the date on which the Product was delivered to the Customer. In the case of an Order for multiple Products delivered separately or in the case of an Order for a Product consisting of multiple batches or parts, the delivery of which is staggered over a defined period of time, the period shall run from the date of receipt of the last Product or batch or part.

for the MYTOP CLUB Subscription: from the time the MYTOP CLUB Subscription is ordered on the Site.

To exercise his right of withdrawal, the Customer must notify us of his decision to withdraw by sending the withdrawal form attached to the GTC or any other unambiguous statement expressing his wish to withdraw:

by e-mail to contact@mytopmarket.com, and an acknowledgement of receipt of the withdrawal will be sent without delay;

by post to JMM Publishing LTD at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom

The Customer must return the Product within a period not exceeding fourteen (14) days following the communication of his decision to withdraw.

In the event of withdrawal by the Customer in accordance with the above procedures, the Customer will be reimbursed for payments made, including delivery costs, without undue delay and in any event within fourteen (14) days at the latest:

for Products: from the date of collection of the Product or from the date on which the Customer has provided proof of shipment of the Product, whichever is earlier;

for the MYTOP CLUB Subscription: from the date on which he/she informed JMM of his/her withdrawal.

The price of the returned Product will be fully refunded to the Client. In the event of withdrawal from the MYTOP CLUB Subscription, the Customer will be fully refunded.

The refund will be made using the same method of payment as the one used by the Customer for the Order. The cost of returning the Product shall be borne by the Customer.

You shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The Customer expressly acknowledges that the above right of withdrawal cannot be exercised for :

the delivery of products that cannot be returned for reasons of hygiene or health protection when the Customer has opened them after delivery;

the delivery of audio or video recordings or computer software where the Customer has opened them after Delivery;

the supply of Products that are likely to deteriorate or expire rapidly.

  1. LIABILITY AND GUARANTEES

Responsibility

JMM is automatically responsible to the Customer for the proper performance of the obligations resulting from the GTC and any Order. However, JMM shall be exonerated from all or part of its liability by proving that the non-performance or poor performance of the GTC and/or any Order is attributable either to the Customer, or to the unforeseeable and insurmountable act of a Third Party, or to an event of force majeure.

Information on legal guarantees:

JMM is liable for any lack of conformity of the goods with the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions set out in the articles 1641 and following of the Civil Code.

Article L217-4 of the Consumer Code: " The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L217-5 of the Consumer Code: " The property is in conformity with the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. "

Article L217-12 of the Consumer Code: " The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "

Article 1641 of the Civil Code:

The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "

Article L217-16 of the Consumer Code:

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the goods in question are made available for repair, if the goods are made available after the request for intervention. "

The Customer may exercise these guarantees by addressing his request to :

to the following address JMM Publishing LTD, whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, or

by e-mail: contact@mytopmarket.com

When the Customer acts under the legal guarantee of conformity, he :

-has a period of two years from the date of delivery of the goods to act;

-may choose between repair or replacement of the goods, subject to the cost conditions laid down in the Article L. 217-9 of the Consumer Code ;

-is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of In article 1641 of the Civil Code and that in this case, he can choose between rescission of the sale or a reduction of the sale price in accordance with In Article 1644 of the Civil Code.

  1. DESCRIPTION AND ACCESS TO THE SITE

JMM provides a Site enabling the Customer to purchase Products and, where applicable, to subscribe to the MYTOP CLUB subscription. The Site allows each Customer to access the description of all the Products offered for sale.

Simply accessing the Site and placing an Order does not require an access code or identifiers.

The Site is accessible and usable twenty-four hours a day (24 hours a day) and seven days a week (7 days a week) provided that you have a computer terminal capable of connecting to the Internet and an Internet access.

The Site is accessible free of charge to any Customer with Internet access. All costs relating to access to the Site and, where applicable, to the Services, whether hardware, software or Internet access costs, are exclusively at the expense of the Customer. The Customer is solely responsible for the proper functioning of his computer equipment and his access to the Internet.

JMM uses all reasonable means at its disposal to ensure quality access to the Site and, where applicable, the Services.

Furthermore, JMM cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Site and, where applicable, the Services.

JMM reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to carry out maintenance, or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.

  1. PERSONAL DATA

The Client is informed that the collection of his/her Personal Data is necessary for the Order of the Products and/or the MYTOP CLUB Subscription and/or the Services as well as for their transmission to third parties for the purpose of delivering the Products. This Personal Data is collected solely for the execution of the Order and the GTC.

The Customer is hereby informed that he/she is required to provide the data listed below and that failure to provide such data may result in the impossibility of executing the Order and the GTC.

Responsible for the processing of personal data :

The controller of the Personal Data is JMM Publishing LTD, whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, a company registered in England under number: 12642117, represented by Alexandrina Cebotari, in her capacity as Director, contact@mytopmarket.com, within the meaning of the French Data Protection Act and Regulation 2016/679 on the protection of personal data.

Limitation of treatment :

Unless the Customer expressly agrees, his or her Personal Data will not be used for advertising or marketing purposes.

Collection of personal data :

The Personal Data that are collected on the Site are the following:

Ordering Products and/or MYTOP CLUB Subscription:

When ordering Products and/or MYTOP CLUB Subscription by the Customer: First name, Last name, Email address, Postal address, Telephone number.

Payment :

When paying for the Products and/or MYTOP CLUB Subscription offered on the Site, the Site records financial data relating to the Client's bank account or credit card.

Recipients of personal data :

The Personal Data is used by JMM and its co-contractors for the execution of the Order and the GTC and to ensure the efficiency of the sale and delivery of the Products and/or Services.

The category(ies) of co-contractor(s) is (are) : The suppliers of the Products and the transport providers.

Duration of data retention

JMM will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

Security and privacy

JMM implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and JMM cannot guarantee the security of the transmission or storage of information over the Internet.

Enforcement of Client and user rights

In application of the regulations applicable to personal data, Customers and users of the Site have the following rights:

They can update or delete their data in the following ways:

They may delete their account by writing by post or e-mail to the Data Controller whose contact details are given above. They may exercise their right of access to know the Personal Data concerning them by writing by post or e-mail to the Data Controller whose contact details are indicated above. If the Personal Data held by JMM is inaccurate, they may request that the information be updated by writing to or emailing the Data Controller whose contact details are given above. They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to or emailing the Data Controller whose contact details are set out above. They may also request the portability of data held by JMM to another provider.

Finally, they may object to the processing of their data by JMM. These rights, if they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.

The Data Controller must provide a response within a maximum of one month. If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box to agree to receive informative and promotional emails from JMM and may withdraw this agreement at any time by contacting JMM as indicated above or by following the unsubscribe link.

Do not call list :

Your telephone number is collected when you create your account or place an Order. We inform you that your telephone details will only be used to process your orders or to contact you in order to offer you new services. In accordance with the legal provisions, you are informed that you can, if you wish, register on the list of opposition to telephone solicitation. You can register free of charge on this list, which is compulsory for all professionals except those with whom you have already concluded a contract.

   14. SECURITY

The Site is subject to an SSL encryption process.

The payment data is exchanged in encrypted mode using a protocol defined by the approved payment service provider involved in the banking transactions carried out on the Site.

  15. CLIENT'S COMMITMENTS

The Customer declares that the information he/she sends to JMM is accurate and sincere. Any inaccuracy in the Customer's declarations is likely to engage his responsibility.

The purchase of Products, the subscription to MYTOP CLUB and the Services are reserved for persons of legal age and capacity. The Client therefore guarantees to be of legal age and to have legal capacity.

The Client agrees not to use the Products, MYTOP CLUB Subscription and/or Services for any commercial or resale purposes.

  16. FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.

  17. LANGUAGE

These GTC are written in French. They are also available in English. In case of difficulty, the French version shall prevail over the English version.

  18. APPLICABLE LAW

These GTC are governed by French law.

  19. CLAIMS AND AMICABLE DISPUTE RESOLUTION

In order to settle disputes, we invite the Customer to first send us a written complaint:

by email to contact@mytopmarket.com, or

by post to JMM Publishing LTD, whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom.

In accordance with articles L 611-1 et seq. of the French Consumer Code, any dispute or litigation known as a consumer dispute may be settled amicably by mediation with a consumer mediator.

The mediator chosen by the professional, LMConso, is currently awaiting validation of his accreditation by the CECMC (Commission d'évaluation et de contrôle de la médiation de la consommation). The contact details of the mediator will be updated as soon as he is registered on the list of consumer mediators established in accordance with Article L. 615-1 of the Consumer Code. Consumers who do not wish to wait for the listing of the mediator may refer the matter to a court conciliator: https://www.service-public.fr/particuliers/vosdroits/F1736

The Customer is also informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.

You may, at your own expense, be assisted by a lawyer.

  20. COMPETENT JURISDICTION

All disputes to which these GTC may give rise, concerning their validity, interpretation, execution, resolution, their consequences and their consequences, and which have not been the subject of an amicable settlement, shall be submitted to the competent court under the conditions of common law.

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Annex - Withdrawal form

Please complete and return this form only if you wish to withdraw from your Order.

Attention: JMM Publishing LTD

Address: 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom.

Email : contact@mytopmarket.com

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of :

.....................

Ordered on ....................................... / Received on ......................................................... (*)

Name of Client(s): ..........................................................................

Customer(s) address: ..........................................................................

Signature of the Client(s) (only in case of notification of this form on paper) :

Date: ..........................................................................

(*) Delete as appropriate

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