General Conditions of Use Buyers Preamble The Marketplace is a service offered by STRAXIO LLC, whose registered office is located at Woodland Hills California. HOSPINOV sets up, on www.hospinov.com (hereinafter the “Site”), a Marketplace (hereinafter the “Service”) allowing buyers of legal age (hereinafter “Buyers” or “You”), after registration, to enter into contact, through its intermediary, with Sellers, professionals, also registered on the Site (hereinafter “Sellers”), with a view to purchasing new products or services (hereinafter the “Products”) offered at a fixed price. In order to use the Service, the Buyer must agree to abide by these Buyer Terms and Conditions of Use (hereinafter the “Buyer TOU”) without restriction or reservation. This acceptance is materialized by a validation click during his registration on the Service. Sales made through the Service between Buyers and Sellers are governed by the Service’s General Terms and Conditions of Sale (hereinafter the “GTCS”), which must also be accepted by the Buyer at the time of each purchase. HOSPINOV invites you to read the GTC by clicking on the General Sales Conditions.
Purpose The purpose of the present Buyer’s GTC is to define the conditions under which HOSPINOV makes available to Buyers, within the framework of the Service, technological tools used to purchase Products from Sellers.
Description of the Service The Service consists of a set of tools enabling Buyers to register on the Site, to establish contact with Sellers in order to place orders for Products, to pay the price of Products, to confirm receipt of Products and to communicate with each other using a messaging tool made available to them. It also includes a rating system allowing the Buyer to evaluate the quality of his relationship with the Sellers. Transactions carried out via the Service for the purpose of purchasing Products are concluded directly between the Buyer and the Seller. HOSPINOV is in no way a reseller of the Products offered by the Sellers through the Service. Thus, Products purchased via the Service may not be returned or exchanged by HOSPINOV. In the event of non-compliance with these Buyer General Terms of Use, HOSPINOV reserves the right to temporarily or permanently interrupt access to the Service for the Buyer concerned. Each Buyer undertakes to conclude purchases in good faith.
Access to the Service Access to the Service by Buyers is reserved for strictly personal use. When using the Service, the Buyer declares that he/she is acting in a private capacity. In addition to the acceptance of these Terms and Conditions Buyer, access to the Service is subject to the opening of an account on the Site. To do this, you must provide the data allowing your identification. When opening this account, you undertake to provide only accurate information, and then to inform HOSPINOV without delay of any change affecting it, using the messaging tool made available to you as part of the Service. To use the Service, You must use the login and password created when you opened your account. You agree to keep them secret and not to disclose them to any third party. Indeed, You will be solely responsible for accessing the Service using your username and password, unless there is evidence of fraudulent use that is not attributable to You. In case of loss, misappropriation or fraudulent use of your login and/or password, You agree to immediately notify the HOSPINOV customer service.
Price of the service The opening of an account and the use of the Service are free of charge (except for possible connection costs, the price of which depends on your electronic communication operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the GTC.
Personal data Information and data concerning You are processed by HOSPINOV, they are necessary for the management of your account and your access to the Service. The information necessary for delivery will be transferred to the Seller for this sole purpose. For more information about your personal data, please consult the “Data Protection” page.
Intellectual property 6.1 – All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright law and intellectual property law, for the entire duration of protection of these rights and for the entire world. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different and even more restrictive provisions of the Intellectual Property Code. Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly forbidden. 6.2 – The corporate names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the owner of the trademark. 6.3 – Some Products are subject to personal and specific rights of use regulating copies, public broadcasting, rentals, etc. You must respect the contractual conditions applicable to these Products and HOSPINOV shall not be liable for any use that may be made of these Products in this context.
Liability HOSPINOV’s liability towards the Buyer may only be incurred for facts that are directly attributable to it and that cause it a prejudice directly linked to these facts. It shall not be liable for indirect damage. HOSPINOV shall not be held liable for the misuse of the Service by the Buyer or for any fault on its part. It shall not be held liable for facts attributable to a third party to the Service. Furthermore, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, HOSPINOV shall not be held liable for content made available on the Site by Buyers or Sellers, in particular with regard to the description of Products or the assessments that Buyers make of Sellers, unless it does not promptly make such content inaccessible after being informed of its illegality under the conditions provided for by this law. Finally, HOSPINOV declines all responsibility with regard to the sales that Buyers conclude through its Service with Sellers, to which it remains unrelated. Any complaint relating to the comments appearing on the description of the Products or to the delivery of the Products shall be redirected to the designated Seller, who shall assume full and sole responsibility in this respect. The Buyer shall be solely responsible for the use he/she makes of the Service, in particular the assessments he/she makes on the Site, and undertakes to indemnify and compensate HOSPINOV at first request for any damage, loss, loss of profit, that HOSPINOV may suffer if its liability is incurred by a third party, due to an action linked to this use of the Service by the Buyer.
Partial nullity If one or more stipulations of the present Buyer’s GCU are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations shall retain all their force and scope.
Applicable law and processing of claims under the Service – Online dispute resolution. The present Buyer’s GCU are subject to French law. Any dispute relating to their interpretation and / or their execution is subject to the French courts. For any claim under the Service, please contact the service by clicking here You encounter a problem with an order: http://www.fevad.com/mediation Online Dispute Resolution Platform: 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. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
