1. PRESENTATION OF THE PLATFORM
The Umaplace platform (hereinafter "the Platform") is published by Umaplace, a simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 887 628 709, whose registered office is located at 49 rue de Ponthieu, 75008 Paris, France.
Publication director: Umaplace
Contact: contact@uma-place.com
The Platform is available in French and English.
Umaplace is a digital marketplace connecting professional sellers ("Sellers") and buyers ("Buyers") for the sale of products and services that comply with its ethical requirements.
The Platform also operates an Official Umaplace Store offering products selected or developed by the company itself.
2. ACCEPTANCE OF THE TERMS
2.1 Acceptance
Use of the Platform implies full and unreserved acceptance of these Terms of Use.
Any User who refuses these Terms must stop using the Platform.
2.2 Amendments
Umaplace reserves the right to amend the Terms at any time.
Amendments take effect as soon as they are published online.
2.3 Language
In the event of translation, only the French version shall prevail.
3. ACCESS TO THE PLATFORM
3.1 Conditions of access
Access to the Platform is free for any User with an Internet connection.
3.2 Availability
Umaplace strives to ensure continuous access but does not guarantee the absence of interruptions due in particular to:
maintenance operations;
updates;
technical failures;
force majeure.
3.3 User responsibility
The User is responsible for their computer equipment and Internet access.
4. REGISTRATION AND USER ACCOUNT
4.1 Account creation
Certain features require the creation of an account.
The User must provide accurate, complete and up-to-date information, including:
first and last name (or company name)
a valid email address
phone number (for Sellers)
postal address
for Sellers: required legal documents (Kbis extract, etc.)
4.2 Minimum age
The User must be 18 years old or authorised by their legal representative.
4.3 Account security
The User is responsible for:
the confidentiality of their credentials;
activities carried out via their account;
keeping their data up to date.
Any unauthorised use must be reported immediately.
4.4 Account suspension / deletion
Umaplace may suspend or delete an account in the event of:
breach of the Terms;
false information;
fraudulent use;
failure to comply with the ethical charter;
inactivity for more than 2 years.
5. Umaplace'S ROLE AND RESPONSIBILITIES
5.1 Technical intermediary
Umaplace acts as a technical intermediary for products and services sold by third-party Sellers.
Sales contracts are concluded directly between Buyers and Sellers.
5.2 Products sold by Umaplace
For products sold by the Official Store, Umaplace is the direct seller.
5.3 Limitations of liability
Umaplace is not responsible for:
the quality, compliance or legality of Sellers' products;
delays or delivery defects of Sellers;
disputes between Sellers and Buyers regarding third-party products;
temporary interruptions of the Platform.
5.4 Umaplace's obligations
Umaplace undertakes to:
ensure the technical operation of the Platform;
secure payments via Stripe;
moderate content in accordance with the moderation charter;
protect personal data.
6. RULES OF USE
6.1 Prohibited products and content
The following are prohibited:
illegal, counterfeit or dangerous products;
offensive, discriminatory or defamatory content;
identity theft;
fraud, review manipulation;
circumvention of payment systems.
6.2 Intellectual property
All elements of the Platform (design, logos, texts, images) are protected by intellectual property law.
Any unauthorised reproduction or use is prohibited.
6.3 User-generated content
Users warrant that their content:
complies with the law;
does not infringe any third-party rights.
Umaplace may remove any non-compliant content.
7. CONDITIONS APPLICABLE TO SELLERS
7.1 Registration
The Seller must provide:
a Kbis extract less than 3 months old;
the required legal information;
a Stripe Connect account.
7.2 Sellers' obligations
Sellers undertake to:
provide accurate descriptions;
meet delivery deadlines;
handle after-sales service, returns and complaints;
issue compliant invoices;
keep their information up to date.
7.3 Commission
Umaplace charges a commission of 15% excl. tax on each sale made by third-party Sellers; this may change depending on the type of products and the type of seller.
7.4 Advertising promotion
Sellers may subscribe to paid advertising services.
7.5 Suspension of a Seller
Umaplace may suspend a Seller in the event of:
non-compliant products;
repeated complaints;
fraud;
repeated delays in deliveries.
8. PAYMENTS AND SECURITY
8.1 Provider
Payments are processed by Stripe Connect, PCI-DSS certified.
8.2 Currencies
The Platform accepts all currencies supported by Stripe.
8.3 Security
Umaplace does not store any banking data.
8.4 Financial flow
For third-party Sellers: payment transferred after deduction of the commission.
For the Official Store: Umaplace collects payment directly.
9. PERSONAL DATA
The processing of personal data is governed by the Privacy Policy in accordance with the GDPR.
10. COOKIES
The use of cookies is detailed in the Cookie Policy available on the Platform.
11. LIMITATION OF LIABILITY
Umaplace cannot be held liable for:
indirect damages;
loss of data;
temporary interruptions;
acts attributable to third-party Sellers.
12. INTELLECTUAL PROPERTY
Umaplace owns all rights relating to the site and its content.
Sellers grant Umaplace a licence to use their content for display and promotion.
13. CLAIMS AND DISPUTES
13.1 Customer service
contact@uma-place.com
13.2 Mediation
In accordance with Article L.612-1 of the French Consumer Code, the Buyer may refer the matter free of charge to the following mediator:
AME CONSO
11 Place Dauphine, 75001 Paris
https://www.mediationconso-ame.com
13.3 Online dispute resolution
https://ec.europa.eu/consumers/odr/
13.4 Jurisdiction
The Terms are governed by French law.
The French courts shall have sole jurisdiction.
14. MISCELLANEOUS PROVISIONS
14.1 Invalidity
The invalidity of one clause does not affect the others.
14.2 Non-waiver
Umaplace's failure to exercise a right does not constitute a waiver.
14.3 Entire agreement
These Terms constitute the entire agreement between Umaplace and the User.
15. RULES CONCERNING PRODUCTS
Article — Price of books and delivery charges
In accordance with French Act No. 81-766 of 10 August 1981 on the price of books, the price of new books offered for sale is regulated: it corresponds to the price set by the publisher or importer, and the seller may apply a maximum discount of 5%.
For any order containing one or more new books, delivery charges of a minimum of €3 incl. tax apply when the value of the books in the order is less than €35 incl. tax. These charges cannot legally be waived.
Second-hand books are not subject to the single price: their price is freely set by the seller. The condition (new or second-hand) of each book is clearly indicated on the product sheet. (Second-hand books are not yet available on Umaplace.)
The value-added tax applicable to books is 5.5%.