Welcome to www.mytopmarket.com. Access to this site is governed by these general terms and conditions of use (hereinafter the "GCU").
In these T&Cs, all of the following capitalised terms have the meanings set out below and shall be understood in both the singular and plural:
MYTOP CLUB Subscription: subscription taken out by the Client allowing him to benefit from the Services made available to him for a fixed monthly fee;
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 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 if applicable, 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 through their use;
Means of Access: Methods and/or functions by which a User may access the Site and/or one or more Services where applicable in order to use them for his or her own purposes;
Operator: Company which operates the various electronic telecommunications networks necessary for access to and use of the Site and the Services, where applicable;
Parties: Parties who have accepted and agreed to the TOS and the obligations contained therein;
Products: Goods offered for sale on the Site;
Services: All the services of the MYTOP CLUB Subscription made available to the Customer by JMM and accessible via the Means of Access;
Site: JMM's website https://www.mytopmarket.com/;
JMM: JMM Publishing LTD, whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom, registered company number: 12642117, VAT number GB364353690, represented by Alexandrina Cebotari, as Director,
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.
User or "You": any person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity using or having access to the Site.
2. PURPOSE OF THE TERMS AND CONDITIONS
The purpose of these GTC is to define the terms and conditions of use of the Site.
For any request for information or contact, the User is invited to contact JMM at the following address: +33 9 71 07 89 45 (Monday to Friday from 9am to 6pm) or by email: firstname.lastname@example.org
3.ACCEPTANCE OF THE GGU
By accessing and using the Site, the User declares that he/she has read the GTC and accepts them without reservation.
4.MODIFICATION OF THE GGU
These GTC may be modified at any time by JMM. The GTC applicable to the User are those in force on the day of his/her use of the Site.
5.ACCESS TO THE SITE
Access to and use of the Site is for strictly personal use only. You undertake not to use this Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
Simply accessing the Site and placing Orders 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 anyone with Internet access. All costs related to its access, whether hardware, software or internet access, are exclusively at your expense.
We reserve the right to deny access to the Site to any user who does not comply with these TOU.
We use all reasonable means at our disposal to ensure quality access to the Site.
Furthermore, we cannot be held responsible for any network or server malfunction or any other event beyond our reasonable control that prevents or impairs access to the Site.
We reserve the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice, in order to carry out maintenance, updates, or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.
6.TERMS AND CONDITIONS OF THE MYTOP CLUB SUBSCRIPTION
The terms and conditions under which the User may subscribe and unsubscribe to the MYTOP CLUB Subscription are defined in the general terms of sale available here : https://www.mytopmarket.com/conditions-generales-de-vente/
JMM, in its capacity as publisher, cannot be held liable in the event of a failure, breakdown, difficulty or interruption in the operation of the network or servers or any other event beyond the reasonable control of JMM, preventing access to the Site or to any of its functions.
You are solely responsible for your equipment used to connect to the Site, the proper functioning of your computer equipment and your access to the Internet. 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 as a result of your use of the Site or any service accessible via the Internet and/or as a result of your failure to comply with these GCU.
JMM is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Site.
The trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds as well as all the computer applications which could be used to operate this Site and, more generally, all the elements reproduced or used on the Site, are protected by the laws in force with regard to intellectual property.
They are the full and complete 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 as soon as it becomes aware of such unauthorised use does not constitute acceptance of such use and a waiver of proceedings.
Subject to the foregoing, in the event that the User transmits to JMM or puts online on the Site content, in particular photographs, texts, videos, illustrations (hereinafter the "Content"), the User grants JMM the non-exclusive, transferable, sub-licensable right to use it free of charge, for the whole world on all this Content as and when it is published on the Site, as well as a licence on all the 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 and modify all or part of the Content by any process, in any form whatsoever and on any medium, for commercial or non-commercial purposes and in particular for advertising.
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. JMM is not responsible for any links on the Site that direct you to other Internet sites and/or give access to information accessible on these sites.
The setting up by you of any hypertext links to all or part of the Site is strictly forbidden, except with the prior written authorisation of JMM, requested by e-mail at the following address: email@example.com
JMM is free to refuse this authorisation without having to justify its decision in any way whatsoever. In the event that JMM grants its authorisation, this authorisation is in any event only temporary and may be withdrawn at any time, without any obligation on JMM to justify its decision.
Please note that the use of this Site and our business relationship are also governed by a number of other policies:
Cancellation 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.
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.
The User declares that the information he/she sends to JMM is accurate and sincere. Any inaccuracy in the User's declarations is likely to engage his responsibility.
The use of the Site is reserved for persons of legal age and capacity. The User therefore guarantees that he/she is of age and has legal capacity.
The Customer undertakes not to use the Site for any commercial or resale purposes.
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.
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.
These GTUs are governed by French law.
16.COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES
In order to settle disputes, we invite the User to first send us a written complaint:
by email to firstname.lastname@example.org, or
by post 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 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.
17. COMPETENT COURT
All disputes to which these GCU could give rise, concerning both their validity, interpretation, execution, resolution, their consequences and their consequences, and which would not have been the subject of an amicable settlement, will be submitted to the competent court under the conditions of common law.