Welcome to www.mytopmarket.com. Access to this site is governed by these general conditions of use (hereinafter the "T & Cs").
Under these T & Cs, all of the following terms, including a capital letter, have the meaning indicated below and are understood both in the singular and in the plural:
MYTOP CLUB subscription: subscription taken out by the Customer allowing them to benefit from the Services made available to them for a fixed monthly price;
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 and to buy a Product and / or subscribe to the MYTOP CLUB Subscription;
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 if applicable, 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 through their use;
Means of Access: Methods and / or function by which a User can access the Site and / or one or more Services where applicable 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, if applicable;
Parties: Parties who have accepted and adhere to the T & Cs and the obligations they contain;
Products: Goods offered for sale on the Site;
Services: All the services of the MYTOP CLUB Subscription made available to the Client by JMM and accessible via the Means of Access;
Site: JMM's website https://www.mytopmarket.com/;
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,
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.
User or “You”: any person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity using or having access to the Site.
2. PURPOSE OF THE T & Cs
The purpose of these T & Cs is to define the terms and conditions of use of the Site.
For any request for information or any contact, the User is invited to contact JMM at the following coordinates: 09 74 76 91 81 (Monday to Friday from 9 a.m. to 18 p.m.) or by email: email@example.com
3.ACCEPTANCE OF THE T & Cs
The User declares by accessing and using the Site to have read the T & Cs and to accept them without reservation.
4.MODIFICATION OF THE T & Cs
These T & Cs may be modified at any time by JMM. The T & Cs applicable to the User are those in force on the day of his use of the Site.
5. ACCESS TO THE SITE
Access to the Site and its use are reserved for strictly personal use. You agree not to use this Site and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.
Simple access to the Site and the placing of Orders 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 anyone with internet access. All costs relating to its access, whether hardware, software or Internet access costs are exclusively your responsibility.
We reserve the right to refuse access to the Site to any user who does not comply with these T & Cs.
We implement all reasonable means at our disposal to ensure quality access to the Site.
We cannot, moreover, be held responsible for any malfunction of the network or the servers or any other event beyond reasonable control, which would prevent or degrade access to the Site.
We reserve the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure its maintenance, to carry out updates, or for any other legitimate reason, without the interruption giving rise to any right to any obligation or compensation.
6 TERMS AND CONDITIONS OF MYTOP CLUB SUBSCRIPTION
The terms and conditions under which the User can subscribe to and unsubscribe from the MYTOP CLUB Subscription are defined in the general conditions of sale available here: https://www.mytopmarket.com/conditions-generales-de-vente/
The responsibility of JMM, in its capacity as publisher, cannot be engaged in the event of failure, breakdown, difficulty or interruption of operation of the network or servers or any other event beyond the reasonable control of JMM, preventing access to the Site or one of its features.
You are solely responsible for your connection material to the Site, the proper functioning of your computer equipment and your internet access. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.
JMM cannot be held responsible in the event of legal proceedings against you for your use of the Site or any service accessible via the Internet and / or for your non-compliance with these T & Cs.
JMM is not responsible for any damage caused to yourself, to third parties and / or to your equipment as a result of your connection or your use of the Site.
The brands, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds as well as all the computer applications that could be used to make this Site work and, more generally, all the elements reproduced or used on the Site, are protected by the laws in force in respect of intellectual property.
They are the full and entire property of JMM or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of JMM, is strictly prohibited.
The fact that JMM does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.
Subject to the foregoing, in the event that the User transmits to JMM or uploads content on the Site, in particular photographs, texts, videos, illustrations (hereinafter the "Content"), the User grants to JMM the right of non-exclusive, transferable, under license, free of charge, for the whole world on all of this Content as and when it is published on the Site as well as a license on the whole intellectual property rights relating to the Content, for the entire legal duration of its intellectual property rights and for the whole world.
The rights thus granted include the right to reproduce, represent, distribute, adapt, modify all or part of the Content by any means, in any form whatsoever and on any media, and this for commercial or non-commercial purposes and in particular for advertising.
9. HYPERTEXT LINKS
Any information accessible via a link to other sites that it does not publish is not under the control of JMM, which declines all responsibility for their content. The links on the Site directing you to other Internet sites and / or giving access to information accessible on these sites do not engage the responsibility of JMM.
The establishment by you of all hypertext links to all or part of the Site is strictly prohibited, except with the prior written authorization of JMM, requested by e-mail at the following address: firstname.lastname@example.org
JMM is free to refuse this authorization without having to justify its decision in any way. In the event that JMM grants its authorization, it is in any event only temporary and may be withdrawn at any time, without any obligation of justification at the expense of JMM.
Please note that the use of this Site and our business relationship is also governed by a number of other policies:
Withdrawal policy, detailing the conditions governing the cancellation of Orders on our Site: https://www.mytopmarket.com/conditions-generales-de-vente/
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.
12 USER'S COMMITMENTS
The User declares that the information he transmits to JMM is correct and sincere. Any inaccuracy in the statements of the User is likely to engage his responsibility.
Use of the Site is reserved for adults and having legal capacity. The User therefore guarantees to be of legal age and to have legal capacity.
The Customer undertakes not to use the Site for any commercial or resale purposes.
13. 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.
These T & Cs are governed by French law.
16.CLAIMS AND FRIENDLY SETTLEMENT OF DISPUTES
To settle their disputes, we invite the User to first send us a written complaint:
by email at email@example.com, or
by mail to JMM Publishing LTD, 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.
17. COMPETENT JURISDICTION
All disputes to which these T & Cs 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 common law conditions.