(Last updated: September 9, 2024)
Our contact details are as follows:
To report illegal content on the Marketplace:
Please inform us of any illegal content by e-mail to the following address: hello@dephtale.com available on the Marketplace.
The Marketplace cannot be held liable for content made available on the www.depthtale.com website, unless the Marketplace did not promptly render the content inaccessible after being informed of its unlawful nature.
Summary:
The Depthtale Marketplace (the "Marketplace") is a website that brings together non-professional buyers (the "Customers") and professional and non-professional sellers (the "Sellers") (together the "Users"), in order to enable Sellers to offer and provide their digital Content and Services directly to Customers in return for payment. The Marketplace is not the seller of the digital Content and services purchased via the www.depthtale.com website.
The Marketplace has no capital link or legal dependency of any kind with any of the Sellers listed that would influence the ranking or referencing of the Digital Content and Services. The Marketplace is remunerated by a commission deducted immediately after the digital Content and Services purchased by Customers from Sellers have been supplied. These General Terms and Conditions of Sale (the "GTCS") describe the distance selling arrangements between Sellers and Customers (together referred to as Users) via the Marketplace and define the obligations and rights of the Parties in this respect.
In the absence of proof to the contrary, the data recorded in the Marketplace's computer system constitutes proof of all transactions concluded between the Seller and the Customer.
These General Terms and Conditions of Sale apply, without restriction or reservation, to all supplies of digital Content and Services concluded between the Seller and the Customer, the purchaser of digital Content and Services, via the Marketplace, from its website www.depthtale.com. Each User accepts, without restriction or reservation, these GTCS, by ticking a box, when using the Marketplace for the first time.
They relate solely to relations between the Sellers and the Customers, who acknowledge that they have the capacity required to contract and acquire the digital Content and services offered on the www.depthtale.com website.
They therefore do not govern the relationship between Sellers and the Marketplace, which is defined in the Sellers' General Terms and Conditions of Use (2 e part Sellers' GTCU), nor the relationship between Customers and the Marketplace, which is defined in the Customers' General Terms and Conditions of Use (3 e part Customers' GTCU), and which these GTCS complete. Only the Seller, whose name and full contact details are indicated on the description sheet for each Digital Content and Service, is the Customer's co-contractor for the purchase of said Digital Content and Services.
These General Terms and Conditions of Sale can be accessed at any time on the website www.depthtale.com and shall prevail, where applicable, over any other version or any other contradictory document. As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the Customer's purchase is that in force on www.depthtale.com on the date the order is placed.
Amendments to these General Terms and Conditions of Sale are enforceable against Marketplace Users from the time they are posted online and cannot be applied to transactions concluded previously.
3.1. Nature of digital Content and Services
3.2. Tokens: internal virtual currency for making purchases
The digital Content and Services offered on the Marketplace are described in such a way as to enable the Customer to know their main characteristics as well as their prices in tokens and their equivalents in euros.
Tokens, as a virtual currency specific to the Marketplace, constitute a prepaid balance that is refundable to the Customer under the conditions set out in article 35, and are used solely to purchase digital Content and Services. They are stored on the Customer's account. Under no circumstances may they be used outside the Marketplace.
3.3. Information provided to the Customer
The presentation of substantial information, within the meaning of the applicable regulations, concerning the Digital Content and Services and the Seller is the sole responsibility of the Seller, who undertakes to comply with the corresponding provisions of the Consumer Code. The Customer is obliged to familiarise himself/herself with these before placing an order. The choice and purchase of digital Content and Services are the sole responsibility of the Customer. Contractual information is presented in French and English and is confirmed at the latest when the Customer confirms the order.
Digital Content and Services are only accessible for the length of time the Marketplace will be in operation.
The main parameters that determine the ranking of digital content and services are their success, their new features and their categories.
3.4. Territories covered by the Marketplace
The digital Content and services presented on the Marketplace are offered worldwide.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Digital Content(s) and services concerned. For all Digital Content and services made available outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or taxes may be payable. The Customer shall be solely responsible for these.
Digital Content and Services are offered for an indefinite period as soon as they appear on the Marketplace.
5.1. Placement of the token order by the Customer
It is the Customer's responsibility to select the number of tokens they wish to order on the Marketplace. The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
An order is registered on the Marketplace when the Customer accepts these GTCS by ticking the appropriate box and validates the order. This validation implies acceptance of these GTCS in their entirety.
An e-mail confirming that the order has been taken into account is immediately sent by the Marketplace. Once confirmed under the conditions described above, the token order cannot be modified or cancelled.
5.2. Placing an order for Digital Content and Services
Customers in possession of a sufficient number of Tokens may then make one or more purchases of Digital Content and Services from Sellers.
It is the Customer's responsibility to select the Digital Content and Services they wish to order on the Marketplace and to pay the price displayed in tokens. The Client has the opportunity to check the details of its order, its total price in tokens and to correct any errors before confirming its acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
An order is registered on the Marketplace when the Customer validates his/her order.
Tokens are supplied at the prices set by the Marketplace on the www.depthtale.com website, including VAT.
The Digital Content and Services are supplied at the prices set in tokens by the Seller, with their equivalent in euros including VAT, shown on the description sheet for the Digital Content and Services.
Any announcement of a price reduction must indicate the price charged prior to the application of the price reduction, i.e. the lowest price charged to all consumers during the last thirty days prior to the application of the price reduction.
The prices of tokens and Digital Content and Services are payable in cash to the Marketplace, which collects the corresponding amounts in full on the day of purchase. These sums will be paid to the Sellers when the Digital Content and Services are purchased, less the Marketplace commission.
Tokens are purchased by credit card through the STRIPE payment service provider.
All payments are irrevocable, except in the event of fraudulent use of a bank card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums under the conditions laid down by law.
Payments made by the Client will only be considered final once the Marketplace has actually received the sums due.
In addition, the Marketplace reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of orders in progress made by the Customer. No additional costs will be charged to the Customer.
The Services and Digital Content ordered by the Customer will be provided immediately by access only to the Marketplace that makes the ordered Services and Digital Content available.
8.1. Failure to communicate digital Content and Services
If the Services and Digital Content ordered are not immediately accessible on the Marketplace after the definitive validation of the Client's order and payment of the full price, the Client may notify the Seller of the cancellation of the order, after unsuccessfully giving the Seller formal notice to perform without undue delay or within a reasonable additional period agreed expressly between the Parties.
The contract will be considered terminated on receipt by the Seller of the written notice of termination, unless the Seller has performed in the meantime.
Termination may be immediate if the Seller refuses to perform or if it is clear that it will be unable to deliver the Digital Services and Content ordered.
In the event of termination of the order for failure to supply Digital Content and Services, the tokens paid by the Customer will be returned to the Customer no later than fourteen days after the date of termination of the contract.
8.2. Checking that there are no apparent defects
The Customer is responsible for checking the conformity of the Digital Services and Content delivered, and in particular their compatibility and adaptability to its digital environment. The Customer has a period of 7 days from delivery to express any reservations or complaints in the event of a defect or apparent defect in the Digital Services and Content delivered. Once this period has elapsed and if these formalities have not been complied with, the Digital Services and Content delivered will be deemed to be free of any apparent defect.
It should be noted that the absence of reservations formulated by the Customer at the time of delivery of the Digital Services and Content does not exempt the Seller from the guarantee of conformity, as described below in article 14.
The Digital Services and Content provided are protected by technical protection measures enabling their use and copying to be controlled. Infringement of technical protection measures is punishable by specific offences referred to in article L 335-3-1 et seq. of the French Intellectual Property Code.
The digital Content and Services sold through the Marketplace comply with the regulations in force in France and have performance levels compatible with non-professional use.
The Seller undertakes to use its best efforts to enable and secure access to, consultation and use of the Digital Services and Content provided.
For technical reasons, in particular maintenance or network failure, services may be temporarily interrupted.
The Seller shall not be held liable for:
The Customer acknowledges that he alone is responsible for his use of the Services and Digital Content delivered, and the Seller may not be held liable for any claim and/or proceedings against the Customer.
The Seller shall not be held liable if the non-performance or delay in the performance of any of its obligations as described herein arises from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
The Digital Services and Content delivered to the Customer are intended for strictly private use on the Marketplace. Any reproduction, representation or collective public use is prohibited.
Similarly, any exchange, resale or license to a third party of the Digital Services and Content delivered is strictly prohibited and will be considered an infringement of copyright liable to prosecution.
The Digital Services and Content and all the Digital Content and Services on the Digital Content and Service page of each Digital Service and Content (in particular texts, comments, illustrations, logos and iconographic documents) are protected by the French Intellectual Property Code and by applicable international standards.
The purchase and use of the Digital Services and Content by the Customer does not give the Customer or any other person any right to the aforementioned protected elements, other than strictly personal use on the Marketplace, which is non-collective and non-commercial.
The Customer therefore only benefits from a personal right to use the Digital Services and Content delivered, in a strictly private context and free of charge, for an indefinite period. Any use outside the scope of these Terms and Conditions is strictly prohibited and any use other than for private purposes exposes the Customer to civil and/or criminal prosecution. If the Seller leaves the Marketplace for any reason whatsoever, the Content already purchased by the Customer remains accessible to the Customer until the Customer leaves the Marketplace.
The User has no right of withdrawal for contracts for the supply of tokens and Digital Services and Content, as the User has:
The acceptance of the immediate start of the supply of tokens and digital Content and Services and the express waiver of the right of withdrawal is made when the tokens are purchased. Purchases of tokens and Digital Content and Services are therefore firm and final and may not be exchanged or reimbursed.
The digital Content and services provided by the Seller are automatically entitled to the benefit of the Seller, without any additional payment, in accordance with legal provisions:
14.1. Box inserted pursuant to the provisions of article D 211-3 of the Consumer Code concerning the legal guarantees of conformity and hidden defects:
Consumers have a period of two years from the date of sale of the digital content or service in which to bring the legal guarantee of conformity into play if a lack of conformity appears. During a period of one year from the date of sale, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.
The consumer may obtain a reduction in the price by keeping the digital content or the digital service or he may terminate the contract by obtaining a full refund in return for giving up the digital content or the digital service, if : 1° The trader refuses to bring the digital content or the digital service into conformity; 2° Bringing the digital content or the digital service into conformity is unjustifiably delayed; 3° Bringing the digital content or the digital service into conformity cannot be done without incurring costs for the consumer; 4° Bringing the digital content or the digital service into conformity causes major inconvenience for the consumer; 5° The non-conformity of the digital content or the digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price. Any period of unavailability of the digital content or digital service for the purpose of restoring it to conformity suspends the warranty that was in force until the sale of the digital content or digital service that is once again in conformity.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code). The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service".
14.2. Warranty exclusions
The Seller cannot be held liable in the following cases:
In accordance with current national and European regulations, it should be noted that the personal data requested from the Customer by the Seller is necessary for the placing and processing of the Customer's order. This data is communicated to the Sellers to enable them to execute the contract and dispatch the Customer's orders. Under no circumstances may it be used for any other purpose. Each Seller only has access to personal data provided by its own Customers. The Sellers undertake to ensure the security of the personal data they store for the purposes of fulfilling and tracking orders.
The processing of information communicated via the Marketplace complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data.
In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her. This right may be exercised by contacting the Seller or the Marketplace by e-mail at the following address: hello@dephtale.com . If, after contacting us, you feel that your "Data Protection" rights have not been respected, you may submit a complaint to the CNIL. https://www.cnil.fr/fr/adresser-une-plainte
For further information, please consult our privacy policy, which can be accessed at www.depthtale.com.
These General Terms and Conditions of Sale and any transactions arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.
Any dispute relating to the interpretation and/or performance of these GTCU shall be governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
All disputes are settled directly between the Customer and the Seller, if necessary using the messaging tool made available to them on the Marketplace. The Customer thus has the possibility of notifying the Seller, on his personal reserved space, of any complaint, concerning, in particular, the non-receipt of digital Content and Services and their non-conformity with the order. The Customer and the Seller will make their best efforts to reach an amicable resolution to the dispute. Depending on the case, the declared dispute will give rise either to the return of the Digital Content and Services ordered or to reimbursement, under the conditions specified in these GCS.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/. In accordance with the rules applicable to mediation, any consumer dispute must be submitted in advance via the procedure referred to above (prior complaint submitted directly to the Seller on the website www.depthtale.com) before any request for mediation can be made to the mediation platform.
The purpose of the Depthtale Marketplace (the "Marketplace") is to bring together non-professional buyers (the "Customers") who have previously registered on the www.depthtale.com website and professional or non-professional sellers (the "Sellers") who have also registered on the Marketplace, in order to enable the Sellers to supply the Customers with digital Content and Services in return for payment via the Marketplace.
These General Terms and Conditions of Use (the "GTCU") define the conditions under which the Marketplace makes available to Sellers the technological tools enabling them to provide their Digital Content and Services to Customers, as presented via the Marketplace. These GTCU apply, without restriction or reservation, to the use of the services and technological tools made available to Sellers by the Marketplace.
They supplement the General Terms and Conditions of Sale which govern supplies made between Customers and Sellers via the Marketplace and must be accepted by the Seller in order to use the Marketplace services, by means of validation when registering on the www.depthtale.com website. The Seller waives the right to rely on any document contradictory to these GTCU, which are not enforceable against the Marketplace.
These GTCU can be accessed at any time on the www.depthtale.com website and will prevail, where applicable, over any other version or any other contradictory document.
As these GTCU may be subject to subsequent modifications, the version applicable to a transaction carried out with a Customer is that in force on the website on the date the order is placed. Modifications to these GTCU may be invoked against users of the www.depthtale.com website as from the date they are posted online and may not be applied to transactions concluded previously.
The Marketplace Services enable Sellers to register on the www.depthtale.com website, to be put in contact with Customers, to list and describe the digital Content and Services they propose to provide on www.depthtale.com, to record orders for digital Content and Services, to collect the price in euros, to manage after-sales service and to communicate with Customers if necessary.
21.1. Creating a Seller account
Only Sellers aged 16 and over have access to the Marketplace's Services and Digital Content. To use the Marketplace services, the Seller must accept these GTCU and register on the www.depthtale.com website.
Strictly confidential and personal identifiers and passwords are then allocated. The Seller undertakes to keep these codes confidential and not to divulge them to any person whatsoever. The Seller is solely responsible for the use of his codes and access to the Marketplace, unless there is proof of fraudulent use for which he cannot be held responsible. The Marketplace must be notified immediately in writing of any fraudulent use of these codes of which the Seller is aware.
The Marketplace is obliged to ensure the security and confidentiality of the information collected and/or contained in the Seller's account. However, the Marketplace shall not be liable for any breach of the security and confidentiality of such data for which it is not responsible (force majeure as defined in article 1218 of the French Civil Code, acts of third parties constituting force majeure, fault of the account holder).
21.2. How the Seller account works
When the Seller's account is created, the Seller is invited to join the "creator" mode. The Seller receives an email explaining how to use the creator tool and how payment works. They then have access to the Content creation tool and their Dashboard to track their orders. This information also appears in our Marketplace.
The price of orders, set in tokens, for Digital Content and Services is freely defined by the Sellers. Any announcement of a price reduction made by the Seller must indicate the price charged prior to the application of the price reduction, i.e. the lowest price charged to all consumers during the last thirty days prior to the application of the price reduction.
21.3. Publication of Content on the Marketplace
21.4. Updating the Services offered to the Seller by the Marketplace
The Marketplace undertakes to update the Services and Digital Content delivered as necessary to ensure that they remain compliant.
The Seller will be clearly informed of each update within a reasonable time prior to its installation, as well as of the consequences of its non-installation. In the event of refusal to install the updates necessary to maintain the conformity of the Services and Digital Content delivered, the Marketplace may not be held responsible for any lack of conformity resulting from the absence of an update. Any update which is not necessary to maintain the conformity of the Services and Digital Content must obtain the agreement of the Seller, in a clear and precise manner, by electronic mail, of the envisaged update and its effective date of entry into force. The Seller may refuse to install the update which is not necessary to maintain the conformity of the Digital Services and Content delivered, or may uninstall them. In this case, he may terminate the contract free of charge within thirty days, unless the Marketplace offers to keep the Digital Services and Content delivered without the update.
22.1. Obligation to identify Professional Sellers
Contracts for the supply of digital Content and Services offered by the Seller on the Marketplace are concluded directly between the Seller and the Customer.
Only professional Sellers are required to identify themselves as such to Customers. The Sellers undertake to comply with the legislation applicable to the exercise of a commercial activity (in particular registration, accounting, social and tax obligations) as well as the laws and regulations applicable to the Digital Content and Services sold via the Marketplace.
To this end, the Professional Seller undertakes to provide Customers with the following information prior to any purchase: 1° In the case of a natural person, their surname and first names and, in the case of a legal entity, their company name; 2° The address where they are based, their e-mail address, or any means enabling them to be contacted effectively; 3° If it is subject to formalities for registration in the Trade and Companies Register, its registration number, its share capital and the address of its registered office; 4° If it is subject to value added tax and identified by an individual number pursuant to article 286 ter of the General Tax Code, its individual identification number;
22.2. Taxation of Sellers
For Sellers located outside France, the Sellers undertake to comply with their local tax and social security obligations, without the Marketplace being held responsible.
For Sellers located in France, in order for the Marketplace to comply with its tax and declaration obligations, the Sellers undertake to provide the Marketplace with all the information requested in application of the various applicable texts. In the event of non-compliance with this obligation, the Seller is expressly informed that its seller account may be closed under the conditions specified in article 25-2.
We remind you that each Seller located in France is subject to tax and social obligations: we thank you for taking note of the following information:
Each Seller concerned will be provided with the information sent to the tax authorities by 31 January of the year following the year in which the transactions covered by the declaration were carried out.
This data may also be communicated, where appropriate and in compliance with the applicable rules, to the tax authorities of another Member State of the European Union or of a State or territory that has signed an agreement with France allowing for the automatic exchange of such information.
22.3. Obligation to preserve Content
The Seller undertakes to make a copy on a server independent of the Marketplace of all the Content that he brings to the Marketplace. The Marketplace may not under any circumstances be held responsible in the event of the deletion or loss of the Content, the conservation of which is the sole responsibility of the Seller.
22.4. Obligations of the Seller with regard to Content
The Sellers undertake to implement, in good faith, all means necessary to fulfil their obligations by delivering quality Digital Content and Services to Customers. The Sellers are solely responsible for providing the digital Content and Services they offer on the Marketplace.
Sellers declare that they own the digital Content and Services offered on the www.depthtale.com website or that they are duly authorised to sell them.
In particular, Sellers shall refrain from offering infringing Digital Content and Services within the meaning of the French Intellectual Property Code or any Content the marketing of which is regulated by virtue of legislative, regulatory or contractual provisions prohibiting or restricting the supply of Digital Content and Services via the Marketplace.
Sellers undertake not to disseminate any Content:
The Marketplace may then temporarily or permanently interrupt access to its Services, by suspending or terminating them under the conditions set out in Article 25 "Termination and/or Suspension of Access to Marketplace Services".
22.5. Sellers' obligation to provide information on Content
The Sellers undertake to draw up, in good faith, precise and accurate descriptions that are not likely to mislead Customers concerning the Digital Content and Services offered, as regards both their essential characteristics and their prices, including VAT, in a clear and unambiguous manner. The descriptions of the Content must also mention the conditions of access to the Content.
The Sellers shall refrain from using any misleading commercial practice within the meaning of Articles L 121-2, L 121-3 and L 121-4 of the French Consumer Code, and in particular shall inform Customers whether or not they are professionals, as declared to the Marketplace.
The Sellers guarantee the accuracy of the information appearing in the descriptions of digital Content and Services placed online on the Marketplace.
The visual presentations must comply with the Digital Content and Services offered and respect the rights of third parties, the Sellers guaranteeing to the Marketplace that they have all the necessary rights to use these descriptive elements.
22.6. Availability of Content on the Marketplace
The Sellers undertake to ensure the availability of the Digital Content and Services that they offer via the Marketplace and to immediately remove Digital Content and Services that are no longer available. The Sellers are solely responsible in the event of the unavailability of digital Content and Services which are under their sole control.
The provision of Content on the Marketplace by the Seller implies a firm commitment to make the Content and digital Services ordered accessible to Customers.
As remuneration for its matchmaking services and the provision of the technological tools necessary for this purpose, the Marketplace will receive, from the Seller, for each order of digital Content and Services made by a Customer, a commission equal to thirty (30) per cent of the amount of the price of the order (plus VAT).
It should be noted that the Marketplace collects the price of the digital Content and Services ordered, in the name and on behalf of the Sellers.
The amount of the order price is then paid by the Marketplace to the Seller, after deduction of the commission, once the Customer has confirmed receipt of the digital Content and Services ordered.
In the absence of any dispute brought to the attention of the Seller within the required timeframe, payment will be made to the Seller during the first 8 days of the following month, from the time the Customer's tokens account is debited. Where the monthly amount due is less than €50, payment of this sum shall be deferred to the following month and shall be added to any remuneration from previous months.
The Marketplace reserves the right to suspend payment of sums due to the Seller in the event of a breach of its obligations.
Customers may, at any time, contact the Sellers and send them any complaints regarding the Digital Content and Services ordered by using the messaging tool provided for this purpose by the Marketplace.
Customers are required to report, within 7 days of their token account being debited, any complaint concerning an apparent defect in the Digital Content and Services ordered. Customers are reminded that the absence of reservations formulated by the Customer at the time of delivery of the Services and Digital Content does not exonerate the Seller from the guarantee of conformity, as described above in article 14.
As orders are concluded directly between the Customer and the Seller, the Seller is personally responsible for any complaints made by Customers.
Sellers must give priority to the amicable resolution of disputes.
If the dispute is valid, the Seller is obliged to refund or return to the Customer the Digital Content and Services ordered.
You are reminded that, in accordance with the regulations in force, the Marketplace offers Customers a mediation service for consumer disputes as set out in Article 18 hereof.
25.1. Termination by the Seller:
These General Terms and Conditions of Use are entered into for an indefinite period.
Each Seller may terminate its account and cease to have access to the Marketplace services, without having to give any particular reason, provided that it gives 30 calendar days' notice and honours the orders in progress.
The Marketplace will, for its part, pay the amounts still owed to the Seller.
During this 30-day period, the Seller will have free access to its Seller account in order to retrieve the Content provided. At the end of this period, the Content provided will be deleted without the Seller being able to request any copy or compensation.
25.2. Termination for fault by the Marketplace:
In the event of a serious and/or repeated breach of any of its obligations or affecting its accounts, such as in particular the supply of illicit content, fraud, failure to comply with tax obligations, abusive language, counterfeiting, infringement of the rights of third parties, etc., the Marketplace may, after an initial formal notice by e-mail containing a detailed statement of the reasons for the termination sent and remaining without effect for a period of 30 working days, terminate these GTCU and definitively cut off access to the Marketplace, following a second e-mail, without the Seller being able to claim any compensation.
However, in cases where a legal or regulatory obligation requires the Marketplace to terminate the provision of all of its Services, this notice period does not apply. Similarly, the thirty-day notice period does not apply where the Marketplace avails itself of termination rights under French law which allow for immediate termination where, having regard to all the circumstances of the particular case and having regard to the interests of both parties, it is not reasonable to expect the contractual relationship to continue until the expiry of a notice period. Finally, the thirty-day notice period does not apply if the Marketplace can prove repeated breaches of these General Terms and Conditions.
The various exceptions to the thirty-day notice period may apply in particular in the case of illicit or inappropriate content, risks relating to the security of a good or service, counterfeiting, fraud, malicious software, spam, data breaches, other cybersecurity risks or a good or service not suitable for minors.
In order to ensure proportionality, the Marketplace shall, where reasonable and technically feasible, delist only the Seller's specific Content, with termination of the entire Service being the strictest measure.
25.3. Suspension of all or part of the Services by the Marketplace:
In the event of a serious and/or repeated breach by the Seller of its obligations or affecting its accounts, such as in particular the supply of illicit content, fraud, abusive language, counterfeiting, infringement of the rights of third parties, etc., the Marketplace may immediately and without notice deprive the Seller of all or part of the access to its Services, without the Seller being able to claim any compensation whatsoever.
The Marketplace may restrict the visibility of contentious Content (removal, modification, blocking, downgrading), suspend or restrict payments, suspend all or part of the Service and suspend the Seller's account. In particular, in the event of a report of manifestly illicit Content by a third party, the Marketplace will proceed without delay to suspend and immediately and definitively delete the Content in question.
The Marketplace will inform the Seller by e-mail, as soon as possible, of the circumstances justifying the suspension of all or part of the Services.
25.4. Inactive seller accounts:
Any inactive Seller Account may be notified of inactivity by e-mail by the Marketplace, followed by a reminder one month later. The Seller's Account is considered inactive when, at the end of a period of twelve (12) months, it has not been the subject of any transaction (excluding management fees) at the initiative of the Seller and the Seller has not contacted the Marketplace in any form whatsoever. In the absence of a response or use of the balance credited to the account within this period, the Marketplace may close the account and maintain it for the sole purpose of transferring the sums due to the account indicated by the Seller. In the event of death, the balance may only be reimbursed to the Seller's heirs. The Account may no longer be used to carry out Content supply operations.
The personal data requested from the Seller by the Marketplace is necessary both to guarantee access to the Marketplace Services and to process orders for digital Content and Services.
The Marketplace undertakes to ensure the security of the personal data it stores for the purposes of fulfilling and tracking orders.
The processing of information communicated via the Marketplace complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data.
The Seller has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him. This right may be exercised by contacting the Marketplace by e-mail at the following address: hello@dephtale.com. If, after contacting us, you feel that your "Data Protection" rights have not been respected, you may submit a complaint to the CNIL. https://www.cnil.fr/fr/adresser-une-plainte
For further information, please consult our privacy policy, which can be accessed at www.dephtale.com.
When the Seller receives data from the Marketplace for purposes strictly limited to the execution of orders, it acts as data controller. Sellers are reminded that they have knowledge of the data of their own Customers. Customers are hereby informed that this data, and in particular the information necessary for the provision of the Digital Content and Services, is transferred, for this sole purpose, to the Sellers, who undertake to use this data solely for the purposes of providing the Digital Content and Services and to enable them to fulfil their legal obligations relating thereto. They undertake not to keep any copies once they have shipped the Digital Content and Services ordered, any other use being strictly forbidden without the express authorisation of the Customers.
If the Seller operates from a country outside the territory of the European Union, it undertakes to process the personal data communicated to it in accordance with the provisions of EU Regulation 2016/679 of 27 April 2016 (the "GDPR"). It also acknowledges that it has put in place the appropriate technical and organisational measures to protect this data against any breach of its availability, integrity or confidentiality.
27.1. Ownership of Sellers' intellectual property rights
Any Seller submitting Content via the Marketplace guarantees that it has the necessary intellectual property rights (copyright, trademark, etc.) to make a representation and guarantees this for the benefit of the Marketplace. In any event, the Marketplace cannot be held liable for an act of infringement, given its simple capacity as host of the Content published by the Sellers, unless it has been legally notified by a right holder and has not proceeded to remove the illegal Content as soon as possible.
With a view to the performance of these GTCU, any Seller grants a free and non-exclusive licence to the Marketplace, to use, reproduce, represent, adapt and make available to the public the said Content including in particular Content protected by copyright as well as any other visible distinctive sign with a view to the performance of these GTCU. This licence shall be valid for the duration of the use of the Marketplace hereunder and throughout the world. When the Seller leaves the Marketplace, the licences on the Content purchased by Customers remain active. This licence does not imply any right to sub-licence to a third party. However, the Marketplace cannot be held responsible for the copying of Content by any User browsing the Marketplace who contravenes its General Terms of Use.
27.2. Ownership of the Marketplace's intellectual property rights
The Seller acknowledges the intellectual property rights of the Marketplace, its components and related content. The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Marketplace, with the exception of the Content published by the Sellers, are the exclusive intellectual property of the Marketplace and may not be reproduced, used or represented without the express authorisation of the Marketplace on pain of legal proceedings.
With the exception of Content published by Sellers, which is subject to the authorisation of each Seller for use outside the Marketplace, any representation or reproduction, in whole or in part, of the Marketplace and its Content, by any process whatsoever, without the express prior authorisation of the Marketplace, is prohibited and shall constitute an infringement punishable under Articles L 335-2 et seq. and L 713-1 et seq. of the French Intellectual Property Code.
In particular, the Marketplace, as the producer of the database, expressly prohibits :
The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database onto another medium, by any means and in any form whatsoever;
Re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form;
Reproduction, extraction or re-use by any means, including methods similar to scrapping, of content (photographs, descriptions, etc.) published by the Marketplace.
Acceptance of these GTCU constitutes recognition by the Sellers of the intellectual property rights of the Marketplace and an undertaking to respect them.
The Marketplace grants a personal, non-exclusive and non-transferable licence to Sellers to use the Marketplace and the information contained therein in accordance with these GTCU. Any other use of the Marketplace and its contents is excluded from the scope of this licence and may not be made without the express prior consent of the Marketplace.
It should be noted that the Marketplace is not the Seller of digital Content and Services. It cannot therefore be held responsible for orders placed between Clients and Sellers, to which it remains unrelated.
Digital Content and Services cannot be refunded or exchanged via the Marketplace and any dispute relating to an order placed via the Marketplace must be settled directly between the Customer and the Seller.
The Marketplace can only be held liable to the Seller for acts which are directly attributable to it and which cause the Seller direct damage, to the exclusion of any indirect damage. The responsibility of the Marketplace is excluded in case of misuse of the Marketplace Services by the Seller or in case of fault on his part. The Marketplace shall not be held liable for acts attributable to a third party.
The Seller shall indemnify and hold harmless the Marketplace from and against any and all liability claims that may be brought against the Marketplace as a result of the Seller's infringement of any right of a third party, including a Customer, whether such infringement results from the provision of Digital Content and Services, the Seller's use of the Marketplace services or any other act attributable to the Seller.
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.
These General Terms and Conditions of Use and any transactions arising from them are governed by French law.
They are written in French. If they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Any dispute relating to the interpretation and/or performance of these GTCU shall be governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
You are reminded that any dispute or claim concerning the order, description or supply of Digital Content and Services must be settled directly between the Customer and the Seller.
The Seller's complaints against the Marketplace must be addressed to the Marketplace in advance in order to find an amicable solution. The contracting parties agree to meet within three days of receipt of an e-mail with acknowledgement of receipt, notified by one of the two parties. This amicable settlement procedure is a prerequisite for legal action between the Marketplace and the Seller. Any legal action brought in breach of this clause will be declared inadmissible. However, if at the end of a period of three days, the Parties were unable to agree on a compromise or a solution, the dispute would then be submitted to the jurisdiction designated below.
The Seller is hereby informed that it may in any event have recourse to conventional mediation, in particular with the Online Dispute Resolution Marketplace: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Marketplace, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This Marketplace can be accessed at the following link: https://webgate.ec.europa.eu/odr/
IF THE SELLER IS A PROFESSIONAL, ALL DISPUTES TO WHICH THESE TERMS AND CONDITIONS AND THE AGREEMENTS ARISING THEREFROM MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, RESOLUTION, CONSEQUENCES AND CONSEQUENCES, SHALL BE SUBMITTED TO THE COURTS OF STRASBOURG.
IF THE SELLER LOCATED IN THE EUROPEAN UNION IS NOT A PROFESSIONAL, ALL DISPUTES TO WHICH THESE TERMS AND THE AGREEMENTS THEREOF MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, ENFORCEMENT, RESOLUTION, CONSEQUENCES AND FOLLOW-UP SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
IF THE SELLER IS NOT LOCATED IN THE EUROPEAN UNION AND IS NOT A PROFESSIONAL, ALL LITIGATION TO WHICH THESE CONDITIONS AND THE AGREEMENTS THEREBY MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, RESOLUTION, CONSEQUENCES AND CONSEQUENCES THEREOF SHALL BE SUBMITTED TO THE COURTS OF STRASBOURG (FRANCE).
The purpose of the Depthtale.com marketplace (the "Marketplace") is to bring together non- professional buyers (the "Clients") previously registered on the www.depthtale.com website and professional or non-professional sellers (the "Sellers") also registered on the www.depthtale.com website in order to enable the Sellers to provide the Clients, via the Marketplace, with digital Content and Services offered on the Marketplace (the "Digital Content and Services") in return for payment.
These General Terms and Conditions of Use (the "GTCU") define the conditions under which the Marketplace makes available to Clients the technological tools enabling them to acquire, via the Marketplace, which is not the seller of digital Content and Services, the digital Content and Services offered on the "www.depthtale.com" website.
They supplement the General Terms and Conditions of Sale which govern orders placed between Customers and Sellers via the Marketplace and must be accepted by the Customer in order to use the Marketplace services, by means of validation when registering on the www.depthtale.com website and/or at the time of each purchase made via the Marketplace.
These GTCU apply, without restriction or reservation, to the use of the services and technological tools made available to Customers by the Marketplace.
These tools enable Customers to register on the www.depthtale.com website, to be put in contact with the Sellers, to order digital Content and Services, to pay for them and to communicate with the Sellers if necessary.
Orders placed via the Marketplace are concluded directly between the Customer and the Seller. These GTCU are accessible at all times on the Marketplace and will prevail, where applicable, over any other version or any other contradictory document.
As these GTCU may be amended at a later date, the version applicable to the Customer's order is that in force on the website on the date the order is placed.
Modifications to these GTCU are binding on users of the www.depthtale.com website from the date they are posted online and cannot be applied to transactions concluded previously.
Only Customers aged 16 and over have access to the Services and Digital Content of the Marketplace.
Access to the Marketplace is strictly reserved for non-professional Customers acting on a private basis, which the Customer declares and acknowledges when using the services of the Marketplace, undertaking, moreover, to carry out in good faith all orders concluded with the Sellers via the Marketplace.
Use of the Marketplace is free of charge for Customers (excluding any connection costs charged by the electronic communications operator) and there is no obligation to purchase.
Only the ordering of digital Content and Services from Sellers is subject to a fee, in accordance with the conditions set out in the Marketplace GTC (part 1), which the Customer also accepts when placing an order via the Marketplace.
34.1. Creating a Customer account
To use the Marketplace services, the Customer must accept these GTCU and register on the www.depthtale.com website.
Strictly confidential and personal identifiers and passwords are then allocated to the Customer. The Customer undertakes to keep these codes confidential and not to divulge them to any person whatsoever.
The Customer undertakes to create a single account on the Marketplace. The Marketplace declines all responsibility for any harmful consequences that may result from the use of multiple Accounts for a single Customer.
The Customer is entirely responsible for the accuracy and updating of the information provided when opening and managing their account.
The Customer is solely responsible for the use of these codes and access to the Marketplace, unless there is proof of fraudulent use for which the Customer cannot be held responsible. The Marketplace must be notified immediately by e-mail of any fraudulent use of these codes of which the Customer is aware.
In the event of non-compliance with these GTCU by the Customer, the Marketplace reserves the right to interrupt access temporarily or permanently, by suspending and/or terminating these GTCU in application of articles 35-2 and 35-3 of these GTCU.
34.2. Updating Services
The Marketplace undertakes to update the Services and Digital Content delivered as necessary to ensure that they remain compliant. The Client will be clearly informed of each update within a reasonable time prior to its installation, as well as of the consequences of its non-installation. In the event of refusal to install the updates necessary to maintain the conformity of the Services and Digital Content delivered, the Marketplace may not be held responsible for any lack of conformity resulting from the absence of an update. Any update which is not necessary to maintain the conformity of the Services and Digital Content must obtain the Client's agreement, in a clear and precise manner, by e- mail, to the planned update and its effective date of entry into force. The Customer may refuse to install or uninstall the update that is not necessary to maintain the conformity of the Digital Services and Content delivered. In this case, it may terminate the contract without charge within thirty days, unless the Marketplace offers to keep the Digital Services and Content delivered without the update.
34.3. Information and promotional messages
All Customers may, when registering on the Marketplace and via their Account, subscribe to newsletters, informing them of new products on the Marketplace or promotions. These newsletters can be sent to the e-mail address provided by the Customer and/or by SMS, at the Customer's choice. The Customer may unsubscribe from newsletters at any time by clicking on the link provided for this purpose in each communication sent by the Marketplace.
These General Terms and Conditions of Use are entered into for an indefinite period.
In any event, if these GTCU are terminated, the Customer will no longer have access to the Digital Content and Services available on the Marketplace.
35.1. Termination by the Customer:
The Customer may close his Account at any time by sending an e-mail to hello@dephtale.com, provided that he honours the orders in progress. The Marketplace will proceed as soon as possible with the deactivation of the Account and will send the Customer an e-mail confirming the closure of his Account and the definitive deletion of all his Services and Content on the Marketplace. The Marketplace will pay the amounts still due to the Seller and will refund the Customer if he has not used up all his Tokens by bank transfer to the bank account indicated by the Customer within 10 days of the closure of his account.
35.2. Termination for fault by the Marketplace:
In the event of a serious and/or repeated breach of any of its obligations or affecting its accounts, such as, in particular, total or partial non-payment, purchase of illicit content, fraud, abusive language, counterfeiting, infringement of the rights of third parties, etc., the Marketplace may, after formal notice has been sent by any means without effect for a period of 10 working days, terminate these GTCU and definitively cut off access to its Services and Content to the Customer, by a second e-mail, without the Customer being able to claim any compensation whatsoever.
The Marketplace will not be obliged to reimburse tokens still available on the Client's account as compensation for termination due to the Client's fault.
In the event of termination of the contract due to a breach by the Client of one of its obligations, the Marketplace may retain, as a penalty, 30% of the credit to the Client's account up to a limit of €500, without prejudice to any legal proceedings that may be brought against the Client.
35.3. Suspension of all or part of the Services by the Marketplace:
In the event of a serious and/or repeated breach by the Seller of its obligations or affecting its accounts, such as, in particular, the purchase of illicit content, fraud, abusive language, counterfeiting, infringement of third-party rights, etc., the Marketplace may immediately and without notice deprive the Customer of all or part of the access to its Services, without the Customer being able to claim any compensation whatsoever.
The Marketplace may restrict the visibility of Customer Content (withdrawals, modifications, blocking), suspend, terminate or otherwise restrict payments, suspend or terminate all or part of the Service, suspend the Customer account.
The Marketplace will notify the Client by e-mail as soon as possible of the circumstances justifying the suspension of all or part of the Services.
35.4. Inactive accounts: Any inactive account may be notified of inactivity by email by the Marketplace, followed by a reminder one month later. The Client's Account is considered to be inactive when, at the end of a period of twelve (12) months, it has not been the subject of any transaction (excluding the deduction of management fees) at the Client's initiative and the Client has not contacted the Marketplace in any form whatsoever. In the absence of any response or use of the balance credited to the account within this period, the Marketplace may close the account and maintain it for the sole purpose of transferring the sums due to the account indicated by the Client. In the event of death, the balance may only be reimbursed to the Client's heirs. The Account may no longer be used to make purchases.
It is reminded that the personal data requested from the Customer by the Marketplace is necessary both to guarantee access to the Marketplace's services and to place and process orders.
This data is communicated to the Sellers to enable them to carry out the Services and communicate the Content to the Customers. Under no circumstances may it be used for any other purpose.
Each Seller only has access to personal data provided by its own Customers.
The Marketplace and the Sellers undertake to ensure the security of the personal data they retain for the purposes of fulfilling and tracking orders.
The processing of information communicated via the www.depthtale.com website complies with the legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data.
In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him. This right may be exercised by contacting the Marketplace by e-mail at the following address: hello@dephtale.com. If, after contacting us, you feel that your "Data Protection" rights have not been respected, you may submit a complaint to the CNIL. https://www.cnil.fr/fr/adresser-une-plainte
For further information, please consult our privacy policy, which can be accessed at www.dephtale.com.
The content of the Dephtale.com website is the property of the Marketplace and its Sellers and is protected by French and international intellectual property laws.
The Marketplace grants a personal, non-exclusive and non-transferable licence to Clients authorising them to use the Digital Content and Services solely on the Marketplace for the duration of the Client's subscription to the platform's Services. Any other use of the Marketplace and its Content is excluded from the scope of this licence and may not be made without the express prior authorisation of the Marketplace.
Any representation or reproduction, in whole or in part, of the Marketplace and its content, by any process whatsoever, without the express prior authorisation of the Marketplace, is prohibited and will constitute an infringement punishable by articles L 335-2 et seq. and L 713-1 et seq. of the French Intellectual Property Code.
In particular, the Marketplace, as the producer of the database, expressly prohibits:
By accepting these GTCU, Customers acknowledge the intellectual property rights of the Marketplace and the Sellers and undertake to respect them.
It should be noted that the Marketplace is not the Seller of digital Content and Services. It cannot therefore be held responsible for orders placed between Clients and Sellers, to which it remains unrelated. Digital Content and Services cannot be taken back or exchanged by the Marketplace, and any dispute relating to an order placed through the Marketplace must be settled directly between the Customer and the Seller.
The responsibility of the Marketplace is excluded in the event of misuse of the Marketplace Services by the Customer or in the event of fault on the part of the Customer. The Marketplace shall not be held liable for acts attributable to a third party or to the Seller. In accordance with the regulations in force, the Marketplace cannot be held responsible or liable for Content made available on the www.depthtale.com website, unless it does not promptly render such Content inaccessible after having been informed of its illegality in accordance with the conditions set out in the preamble hereto.
The Customer is solely responsible for the use of the services of the Marketplace, including assessments made on the website www.depthtale.
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.
These General Terms and Conditions of Use and the operations arising from them are governed by French law. They are written in French. If they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Any dispute relating to the interpretation and/or performance of these GTCU shall be governed by French law.
Complaints should be sent to www.depthtale.com. You are reminded that any dispute or claim concerning the order, description or supply of Digital Content and Services must be settled directly between the Customer and the Seller.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Marketplace to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This Marketplace can be accessed at the following link: https://webgate.ec.europa.eu/odr/
IF THE CUSTOMER IS A PROFESSIONAL, ALL DISPUTES TO WHICH THESE TERMS AND CONDITIONS AND THE AGREEMENTS ARISING FROM THEM MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, RESOLUTION, CONSEQUENCES AND CONSEQUENCES, SHALL BE SUBMITTED TO THE COURTS OF STRASBOURG.
IF THE CUSTOMER LOCATED IN THE EUROPEAN UNION IS NOT A PROFESSIONAL, ALL DISPUTES TO WHICH THESE TERMS AND THE AGREEMENTS THEREOF MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, ENFORCEMENT, RESOLUTION, CONSEQUENCES AND FOLLOW-UP SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
IF THE CUSTOMER IS NOT LOCATED IN THE EUROPEAN UNION AND IS NOT A PROFESSIONAL, ALL DISPUTES TO WHICH THESE TERMS AND THE AGREEMENTS THEREOF MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, ENFORCEMENT, RESOLUTION, CONSEQUENCES AND FOLLOW-UP SHALL BE SUBMITTED TO THE COURT OF STRASBOURG (FRANCE).