Version put online on 19.07.2021
Under these General Conditions of Sale (hereinafter the " General Terms & Conditions "), All of the following terms, including a capital letter, have the meaning indicated below and are understood to be both singular and plural:
MYTOP CLUB subscription: subscription taken out by the Customer to benefit from the Services for a fixed monthly price;
JMM: JMM Publishing LTD, with registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, company registered with the English Trade Register under number: 12642117, intra-community VAT number GB364353690 , represented by Alexandrina Cebotari, in her capacity as Director;
Customer: any person who acts for purposes that do not fall within the framework of his commercial, industrial, craft, liberal or agricultural activity connecting to the Site in order to buy a Product and / or subscribe to the MYTOP Subscription CLUB;
Order: Order by a Customer of a Product offered for sale on the Site and / or of the MYTOP CLUB Subscription;
Data (s): Any element (information, texts, photographs, messages, etc.) collected by the user and implemented by him within the Site and the Services through its use;
Personal Data (s): Refers to any information relating to an identified or identifiable natural or legal person; is deemed to be an "identifiable natural or legal person" a natural or legal person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, a identifying online, or with one or more specific elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity;
Functionality: Each element implemented, accessible and usable within the Site and the Services;
Delivery: Provision to the Customer of the Product he ordered on the Site;
Means of Access: Methods and / or function by which a Customer can access the Site and / or one or more Services in order to use them for his own needs;
Operator: Company which operates various electronic telecommunications networks necessary for access and use of the Site and the Services;
Parties: Parties who have accepted and adhere to the GTC and the obligations they contain;
Product: Property offered for sale on the Site. The list of Products is available on:
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 Client by JMM;
Site: JMM's website https://www.mytopmarket.com allowing the Customer to have access to the sale of Products and / or to the subscription of the MYTOP CLUB Subscription;
Third Party: Refers to natural or legal persons who are not linked by common ownership or control to JMM or other individuals unrelated to JMM and / or the Client.
The purpose of these T & Cs is to define the terms and conditions under which the Customer can purchase Products on the Site and / or subscribe to the MYTOP CLUB Subscription.
For any request for information or any contact, the Customer is invited to contact JMM at the following coordinates: by phone: 09 74 76 91 81 (Monday to Friday from 9 a.m. to 18 p.m.) or by email: email@example.com.
The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose when placing his Order. Placing of an Order by the Customer constitutes acceptance without restriction or reservation of these GTCS. The GTC are accessible at any time on the Site.
These GTC can be modified at any time by JMM. Any modification of the GTC is the subject of information intended for the Customer from the Site.
The GTCs applicable to the Customer are those in force on the day of placing the Order, any new ordering implying acceptance, where applicable, of the new GTCS applicable on the day of this new Order.
The Products offered for sale on the Site are:
The main characteristics of the Products are presented on the Site, which the Customer is required to read before placing an Order.
The Prices of the Products and the MYTOP CLUB Subscription appear on the Site and are expressed in euros and all taxes included (TTC).
The Product Prices 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 rights will be borne by the Customer and are his responsibility.
Product Prices may be changed at any time on the Site. The price applicable for the Products concerned corresponds to the price in force at the time of registration of the Order.
If the Customer benefits from a discount or promotion code, it is his responsibility to ensure that it is indicated 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.
The Customer is supported throughout the process of placing an Order through a series of simple instructions displayed on the Site.
The Customer can order Products on the Site by clicking on "PAY X EUR". He may delete or modify the selected Product before validating the Order and accepting the T & Cs.
The Customer can order the MYTOP CLUB Subscription by clicking on "Subscribe now" on the page https://www.mytopmarket.com/abonnement/. He may delete the selection of the MYTOP CLUB Subscription before validating the Order and accepting the GTC.
Confirming the Order by clicking on "Confirm payment" constitutes a payment obligation for the Customer.
An Order is paid by secure payment, namely by payment or credit card: (MasterCard®, Visa®, American Express®, Maestro® [previously Switch], Visa Electron®, Visa Delta®, Carte Bleue and Carte Banking). Payments by cash or check are not accepted.
If the Customer has a promotion or discount code, this code, to be valid, must be entered during the Order confirmation process.
An email acknowledging receipt of the Order and summarizing its information 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 placing the Order.
JMM reserves the right to refuse any Order without the right to compensation for the Customer concerned if it is abnormal or for any other legitimate reason.
The delivery of the Products takes place within 30 days of the Order, to the address that the Customer indicates during the Order process.
The Delivery time includes the preparation and shipping time for the Order.
In accordance with the applicable provisions, in the event of late delivery, the Customer has the possibility of terminating 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 is 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 is transferred to the Customer when he takes physical possession of the Products covered by the Order.
By subscribing to the MYTOP CLUB Subscription when ordering on the Site, the Customer expressly consents to benefit from the Services of the MYTOP CLUB Subscription.
Through the Services, the Customer accesses private sales available on the site www.mytopmarket.com offering members of the MYTOP CLUB Subscription preferential prices by using a promotional code sent by e-mail to the Customer. The Customer is informed of private sales by e-mail.
The Services include:
Preferential prices for the purchase of Products on the site www.mytopmarket.com;
The shipping costs offered for the Order of Products purchased on the Site;
Private event sales sent by email.
Unlimited eBook downloads from a partner site
In order to benefit from the advantages offered by the Services, the Customer must enter the email address linked to his membership and his promotional code received by email when ordering on the Site.
Membership of the MYTOP CLUB Subscription is billed at 29 euros including tax per month, with automatic monthly payment by credit card.
The Customer can terminate the MYTOP CLUB Subscription at any time, directly on the Site or on the site www.mytopmarket.com, by going to the " Cancel my subscription », Or by contacting customer service at the contact details mentioned in article 2 of the GTC.
The MYTOP CLUB subscription then ends immediately, no subsequent monthly payment will be taken.
The Customer has the right to withdraw from his 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 relating to several Products delivered separately or in the case of an Order of a Product made up of lots or multiple parts whose delivery is spread over a defined period, the period starts from receipt. of the last Product or batch or of the last part.
for the MYTOP CLUB Subscription: from the order of the MYTOP CLUB Subscription on the Site.
To exercise his right of withdrawal, the Customer must notify us of his decision to withdraw by sending the withdrawal form annexed to the GTC or any other declaration, unambiguous, expressing his desire to withdraw:
by email to firstname.lastname@example.org, an acknowledgment of receipt of the withdrawal will then be communicated to him without delay;
by mail 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 according to the above terms, he will be reimbursed for the payments made, including delivery costs, without undue delay and in any event, at the latest within fourteen (14 ) days :
for the Products: from the date of recovery of the Product or from the date on which the Customer has provided proof of shipment of the Product, the date selected being that of the first of these facts;
for the MYTOP CLUB Subscription: from the date on which he informed JMM of his withdrawal.
The Price of the returned Product will be fully refunded to the Customer. In the event of withdrawal of the MYTOP CLUB Subscription, the Customer will be fully reimbursed.
The refund will be made using the same means of payment as that used by the Customer for the Order. The costs of returning the Product are the responsibility of the Customer.
You are only liable for any depreciation of the Product resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The Customer expressly acknowledges that the aforementioned right of withdrawal cannot be exercised for:
the delivery of products which cannot be returned for reasons of hygiene or health protection when the Customer has opened them after Delivery;
delivery of audio or video recordings or computer software when the Customer has opened them after Delivery;
the supply of Products likely to deteriorate or expire quickly.
JMM is fully responsible towards the Customer for the proper performance of the obligations resulting from the GTC and any Order. However, JMM will be exempt from all or part of its liability by providing proof that the non-performance or improper performance of the GTC and / or any Order is attributable either to the Customer or to the unforeseeable and insurmountable fact of a Third Party , or a case of force majeure.
Information relating to legal guarantees:
JMM is liable for defects in conformity of the goods with the contract under the conditions of Article L. 217-4 and following of the consumer code and hidden defects of the item sold under the conditions provided for in articles 1641 and following of the civil code.
Article L217-4 of the Consumer Code: " The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.»
Article L217-5 of the Consumer Code: " The good complies with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code: " Action resulting from lack of conformity lapses two years after delivery of the goods..
Article 1641 of the Civil Code:
« The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them.»
Article 1648 1er paragraph of the Civil Code:
« The action resulting from latent defects must be brought by the purchaser within two years from 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 which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention..
The Customer may exercise these guarantees by addressing his request:
at the following address: JMM Publishing LTD, with registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, or
by e-mail: email@example.com
When the Customer acts as a legal guarantee of conformity, he:
- Benefit from a period of two years from the delivery of the property to act;
-may choose between repair or replacement of the good, subject to the cost conditions provided for by Article L. 217-9 of the consumer code;
-is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of 1641 article of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 article of the civil code.
JMM provides a Site allowing the Customer to purchase Products and, where applicable, to join the MYTOP CLUB Subscription. The Site allows each Customer to access the description of all the Products offered for sale.
Simple access to the Site and placing an Order do not require any access code or identifiers.
The Site is accessible and usable twenty-four hours a day (24 hours a day) and seven days a week (24 days a week) on the condition of having a computer terminal enabling connection to the Internet network and access Internet.
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 the responsibility of the Customer. He is solely responsible for the proper functioning of his computer equipment as well as his internet access.
JMM implements all reasonable means at its disposal to ensure quality access to the Site and, where applicable, to the Services.
JMM cannot, moreover, 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, to 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 ensure its maintenance, or for any other legitimate reason, without the interruption opening right to no obligation or compensation.
The Customer is informed that the collection of his Personal Data is necessary for the Order of the Products and / or the MYTOP CLUB Subscription and / or the Services as well as their transmission to third parties for the purpose of delivering the Products. These Personal Data are collected only for the execution of the Order and the GTC.
The Customer is informed that he is required to provide the data listed below, and that he is liable to the impossibility of carrying out the Order and the GTC in the event of non-provision of said data.
Responsible for processing personal data:
The person responsible for processing Personal Data is JMM Publishing LTD, with registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, a company registered with the English Commercial Register under number: 12642117 , represented by Alexandrina Cebotari, in her capacity as Director, firstname.lastname@example.org, within the meaning of the Data Protection Act and Regulation 2016/679 on the protection of personal data.
Limitation of processing:
Unless the Customer expresses his express consent, his Personal Data is not used for advertising or marketing purposes.
Collection of personal data:
The Personal Data which is collected on the Site are as follows:
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.
As part of the payment for the Products and / or the MYTOP CLUB Subscription offered on the Site, the Site records financial data relating to the Customer's bank account or credit card.
Recipients of personal data:
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): Product suppliers and transport providers.
Data retention period
JMM will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
Security and confidentiality
JMM implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized 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 on the Internet.
Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the Site have the following rights:
They can update or delete data concerning them as follows:
They can delete their account by writing by post or e-mail to the Data Controller whose contact details are given above. They can exercise their right of access to know the Personal Data concerning them by writing by mail or by e-mail to the Data Controller whose contact details are indicated above. If the personal data held by JMM are inaccurate, they can request the updating of the information of the information by writing by mail or by e-mail to the Data Controller whose contact details are indicated above. They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing by post or e-mail to the Data Controller whose contact details are indicated above. They can also request the portability of data held by JMM to another service provider.
Finally, they can oppose the processing of their data by JMM. These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The Data Controller must provide a response within a maximum of one month. In case of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive informative and advertising emails from JMM. He will always have the possibility to withdraw his agreement at any time by contacting JMM whose contact details are indicated above or by following the unsubscribe link.
List of opposition to canvassing:
Your telephone number is collected when creating your account or placing your Order, we inform you that your telephone number will only be used for the proper execution of 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 canvassing. You can register for free on this list which is binding on all professionals except those with whom you have already concluded a contract.
The Site is subject to an SSL encryption process.
Payment data is exchanged in encrypted mode according to a protocol defined by the approved payment provider involved in banking transactions carried out on the Site.
15 CLIENT COMMITMENTS
The Client declares that the information he transmits to JMM is accurate and sincere. Any inaccuracy in the statements of the Customer is likely to engage its responsibility.
The purchase of the Products, the subscription to the MYTOP CLUB Subscription and the Services are reserved for adults and having legal capacity. The Client therefore guarantees to be of legal age and to have legal capacity.
The Customer undertakes not to use the Products, the MYTOP CLUB Subscription and / or the Services for any commercial or resale purposes.
16 FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
These T & Cs are written in French. They are also available in English. In case of difficulty, the French version prevails over the English version.
18 APPLICABLE RIGHT
These GTC are governed by French law.
19 COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES
To settle their disputes, we invite the Customer to first send us a written complaint:
by email at email@example.com, or
by mail 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 Consumer Code, any so-called consumer dispute or dispute may be the subject of an amicable settlement by mediation with a consumer mediator.
The mediator chosen by the professional, LMConso, is currently awaiting validation of his approval by the CECMC (Commission for the evaluation and control of consumer mediation). The contact details of the mediator will be updated as soon as the latter is registered on the list of consumer mediators established in accordance with Article L. 615-1 of the Consumer Code. The consumer not wishing to wait for the referral of the mediator can seize a court conciliator: https://www.service-public.fr/particuliers/vosdroits/F1736
The Client is also informed that in accordance with article 14 of Regulation (EU) n ° 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 expense, be assisted by counsel.
All disputes to which these GTCS 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, will be submitted to the competent court in 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.
I / We (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of:
Ordered on ………………………………… / Received on ………………………………………………… (*)
Name of Client (s): ……………………………………………………………… ..
Address of Customer (s): ……………………………………………………………… ..
Signature of the Client (s) (only if this form is notified on paper):
Date: ……………………………………………………………… ..
(*) Delete the useless mention