Article 1 – Definitions
Article 2 – Purpose and scope
Provision of the site
Article 3.1 – Use of the Site by Customers
Article 3.2 – Use of the Site by Merchants
Article 3.3 – Comparison and classification of Products
Article 3.4 – Product sheet
Article 3.5 – Messaging
Article 4 – Order
Article 4.1 – Identification of the Customer
Article 4.2 – Registration and validation of the Order
Article 5 – Pricing conditions
Article 5.1 – Product Prices
Article 5.2 – Methods of payment
Article 6 – Delivery of the Order by the Merchant
Article 6.1 – Delivery costs
Article 6.2 – Method of Delivery
Article 6.3 – Delivery Date
Article 7 – Right of withdrawal
Article 8 – Liability
Article 8.1- General
Article 8.2 – Liability of the Merchant
Article 8.3 – Liability of SALESPHERE
Article 9 – Warranties
Article 9.1 – Legal guarantees
Article 9.2 – Commercial guarantees
Article 9.3 – Implementation of guarantees
Article 10 – Force majeure
Article 11 – Personal data
Article 12 – Intellectual property
Article 14 – Modification of the General Conditions of Sale
Article 13 – Clause deemed unwritten
Article 14 – Applicable law
Article 15 – Attribution of jurisdiction and settlement of disputes

The yo-crypto.com site is the property of S.A.S SALESPHERE registered with the RCS of Villefranche – Tarare under the SIRET number: 918 589 250 00011 with a share capital of €1,063.60, and whose head office is located at 598 Boulevard Albert Camus, 69400, Villefranche sur Saône, represented by Mr. Dylan Desbos in his capacity as manager. The SALESPHERE company offers a buying guide, via its website yo-crypto.com, allowing you to buy goods in cryptocurrency. The Site is a site allowing customers to compare and buy products. SALESPHERE makes the site available to make an offer and then, if necessary, a direct sale between the Merchant and the Customer. SALESPHERE is in no way the seller of the Products offered for sale and purchased through the Site. The General Conditions of Sale below apply to the services of the Site without restriction or reservation.
Article 1 – Definitions

Site: refers to the website hosted under the domain names yo-crypto.com owned by SAS SALESPHERE.

Customer: designates any natural person who is not a trader purchasing on the Site

Merchant: refers to professional sellers, companies independent of SALESPHERE, offering for sale on the Site, new or refurbished Products at a fixed price.

SALESPHERE: means SAS SALESPHERE, owner of the site, registered with the RCS of Villefranche-Tarare under the number SIRET 91858925000011 and whose head office is located at 598 Boulevard Albert Camus 69400 Villefranche-sur-Saône.

Account: refers to the connection account allowing the Customer to connect to the Site, giving access to his Customer space

Order: refers to the Product request made by the Customer

Delivery: refers to the receipt of the Product by the Customer

Product: refers to the products offered for sale on the Site

Personal Data: any information relating to a natural person identified or who can be identified, directly or indirectly.

Customer General Conditions of Use: means the general conditions of use that apply to any Customer accessing the Site, also referred to as “Customer Terms”

Merchant General Terms of Use: means the general terms of use that apply to any Merchant using the Site, also referred to as “Merchant Terms”

General Conditions of Sale: designate the general conditions of sale which are the subject of these presents which apply to any Customer using the Site, also referred to as “GTC”.

Article 2 – Purpose and scope

The purpose of these General Terms and Conditions of Sale (hereinafter the “GTS”) is to define the terms and conditions for making the Site available as well as the conditions for the distance selling of Products on the Site.

Thus the GCS apply to all sales of Products made through the Site, between the Customer and the Merchant. SALESPHERE cannot be considered as the seller of the Products purchased through the Site, and only the Merchant whose identity is indicated on the Product sheet is the Customer’s contracting party for the sale of the Products.

They can be consulted on the Site and accessible by a click at the time of acceptance of payment for the order.

Any Order implies the Customer’s unreserved acceptance and full and complete adherence to these GCS.

These T&Cs exclude the possibility for the Merchant to have its own General Terms and Conditions of Sale.

These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Customer Use and by the General Terms and Conditions. of Merchant Use.

Provision of the website.

site

Article 3.1 – Use of the Site by Customers

The Site can be used by any Client.

The use of the Site by Customers is free, with no obligation to purchase. To acquire the Products offered for sale through the Site, the Customer must refer to Article 4.

Article 3.2 – Use of the Site by Merchants

Commercial relations between Merchants and SALESPHERE are governed by the Merchant T&Cs, which specify the commitments to which they are bound for the purpose of selling the Products on the Site.

If the Merchant does not respect the contractual commitments, SALESPHERE reserves the right to delist the Merchant’s Products on the Site and, if necessary, to terminate the contractual relationship binding it to the latter.

Article 3.3 – Comparison and classification of Products

The Site service is free or paid for by Merchants, depending on the offer chosen. These pricing conditions have an impact on the classification of the Merchants’ offers.

The Products offered by the Merchants on the Site are classified by category of Products.

The Site provides Customers with various criteria for classifying Products, which the Customer selects according to their preferences:

The Labels: SALESPHERE uses a library of official Labels and unofficial mentions created by SALESPHERE. The Products are then proposed according to a weighting algorithm allowing them to be positioned according to the points assigned to each label.

Article 3.4 – Product sheet

Each Product offered for sale by the Merchant is described on a Product sheet on the Site, containing the following information:

The precise name of the Product
A detailed description of the Product
The product brand
The EAN identifier (if)
Its quality of manufacturer, importer in the European Union or reseller of the Product
The existence of quality labels or signs concerning the Product
The stock of Products available according to options
The qualitative visual of the Product
Indicate any options available on the Product (colors, sizes, etc.)
Indicate the selling price of the Product on the Site
Any commercial warranties applicable to the Product
The existence or not of a right of withdrawal on the Product in accordance with the provisions of the Consumer Code.
The Merchant’s General Terms and Conditions of Sale
Article 3.5 – SALESPHERE Messaging

The Customer has the possibility of contacting SALESPHERE and the Merchant by means of the messaging system accessible on his Account, for any request for information relating to his Order.

Article 4 – Order

Article 4.1 – Identification of the Customer

The Customer must have the legal capacity allowing him to contract.

To place an Order, the Customer must identify himself and create an Account with his e-mail and a password (see Customer Terms for help in creating an Account).

The creation of an account is prohibited for minors under the age of 16 and requires indicating a compatible date of birth.

Article 4.2 – Registration and validation of the Order

The Order of the Products can be made through the Site or directly on the Merchant’s online store or physical store.

If the Order is made outside the Site, the Customer by clicking on the Product is redirected to the Merchant’s online site or to the contact details of the Merchant’s store. The Order will then be directly processed by the Merchant according to its General Conditions of Sale.

In this case, these Terms and Conditions of the SALESPHERE Site will no longer apply to the Client.

If the Order is made through the Site, the terms are as follows:

The Customer adds the Product(s) he wishes to purchase to his basket. Delivery Costs will be added to the price of the Products
The Customer checks his Order and the total price indicated
The Customer validates his Order by clicking on “order” and reads the T&Cs via a link, and accepts them by ticking the words “acceptance of the T&Cs”.
The Customer indicates the billing and delivery address of the Order (in accordance with article 6.2)
The Customer will have access to a summary of his Order before proceeding to payment.
The Customer pays for the Order and receives an email confirming that his Order has been taken into account.
SALESPHERE notifies the Merchant of the Order of Products by email via the API on its information system or via its Merchant space on the Site
The Merchant is bound by the Customer’s Order, upon receipt of the notification informing him of the Customer’s Order.
The Merchant will send his invoice to the Customer on Delivery of the Product ordered in the package.
For any question relating to the Order, the Customer has the option of contacting the Merchant through his SALESPHERE messaging system.

Article 5 – Pricing conditions

Article 5.1 – Product Prices

The price of the Products for sale on the Site is set freely by the Merchant and is not negotiable by the Customer.

The price is indicated in euros all taxes included (TTC) and is exclusive of delivery costs.

The prices of the Products are those in force at the time of registration of the Order.

Article 5.2 – Methods of payment

If the Order is made on the Merchant’s online store, i.e. outside the Site, the terms of payment are then processed by the Merchant according to its General Terms and Conditions of Sale.

In this case, the T&Cs of the SALESPHERE Site will no longer apply to the Client.

If the Order is made through the Site, the Customer must pay for the Products at the time of the Order using one of the following options:

By credit card (Visa, credit card, Mastercard) with the possibility of registering the card
By gift card
By SALESPHERE purchase vouchers: It is possible to use the purchase vouchers issued by SALESPHERE for the payment of all or part of the Order (the terms of acquisition and use are available on the site under the tab ” Loyalty program “).
SALESPHERE reserves the right not to offer one or more payment methods above, for any legitimate reason and in particular in the event that:
One of the Customer’s previous Orders has not been paid in full on the due date or a dispute relating to the payment of one of the previous Orders is being processed
Serious and consistent elements would raise a suspicion of fraud on the Order.

Article 6 – Delivery of the Order by the Merchant
Article 6.1 – Delivery costs

Delivery costs are the responsibility of the Customer who has placed and validated an Order.

The amount of the costs is indicated to the Customer before any final validation of the Order.

Delivery costs may vary depending on the amount or number of purchases of Products made by the Customer. In such cases, this information is clearly indicated to the Customer on the Order page as well as on the Order summary.

Article 6.2 – Method of Delivery

The conditions, costs and delivery times differ according to the delivery method chosen.

At the time of placing the Order, the Customer will be informed of the available Delivery method(s) as well as the applicable delivery times and prices for each Product.

SALESPHERE can offer the Customer the following different Delivery methods:

Delivery to the address chosen by the Customer
Withdrawal at the Merchant’s shop
Pick-up point delivery
After confirmation of the Order, SALESPHERE communicates the Order to the Merchant including the Delivery method chosen by the Customer.
The Products will be delivered by the Merchant, or any person designated by him, on behalf of the Merchant, directly to the Customer, depending on the Customer’s choice made when placing the Order on the Site.
The Merchant will have a receipt document signed by the Customer via his carrier.
The Delivery is constituted by the transfer to the Customer of the physical possession of the Product(s).
The Customer is solely responsible for a lack of Delivery due to a lack of indication when placing the Order.
In cases where the Delivery of the Products calls for reservations, the Customer may notify them to the carrier at the time of Delivery.
In the event that a Product is returned to the Merchant by the carrier (in particular in the event of an error in the address or the absence of collection of the package at the address indicated to the Customer), the Customer will be reimbursed for the amount of his Order and the outward transport costs, the return transport costs remaining the responsibility of the Customer, provided that the Delivery error is exclusively attributable to the Customer, unless he has expressly agreed to be delivered to a new address or to a new date.
In any case, the Merchant undertakes to contact the Customer via the dedicated messaging space on the Site, in order to offer a satisfactory solution to the Customer.
Article 6.3 – Delivery Date
The Merchant undertakes to ship the Products or to make the Products available to the Customer for collection within a maximum period of one working day from the Merchant’s receipt of the Order transmitted by SALESPHERE.
If the delivery deadline is exceeded, in accordance with article L216-2 of the Consumer Code, the Customer must inform the Merchant via the SALESPHERE messaging service and give him formal notice to deliver it within a reasonable additional period in order to to execute the Order.
If, at the end of this additional period, the Delivery has still not been made, and if the non-Delivery is not attributable to the Customer, the Customer may cancel his Order in writing by means of the SALESPHERE messaging service.
The Merchant will then refund the price paid by the Customer.

Article 7 – Right of withdrawal

In accordance with article L221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen (14) days to exercise his right of withdrawal, without notice.

ir to justify its decision, nor to pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fifteen (15) days of notification to the Merchant , of the Customer’s decision to withdraw.

Damaged, soiled or incomplete Products are not taken back.

The Customer will exercise his right of withdrawal directly with the Merchant, informing him unambiguously of his wish to withdraw, by completing the form available on his Account.

This entry by the Customer will automatically generate a notification sent by email to the Merchant.

The Merchant undertakes to acknowledge receipt of the Customer’s request by using the SALESPHERE messaging service provided on the Site, within a maximum of 24 working hours, except in the event of store closure. Consequently, the Customer may consult the associated Product sheets indicating the closing periods so that the Customer has all the necessary information, in particular on the delivery times for the Products ordered.

In the event of exercise of the right of withdrawal by the Customer, this acknowledgment of receipt must indicate to the Customer the methods for returning the Products and any costs applicable to this return.

In the event that the solution proposed by the Merchant following the exercise of his rights by the Client does not fully satisfy the Client, SALESPHERE may, if it deems it necessary, contact the Client in order to to offer him a satisfactory solution.

SALESPHERE and the Merchant will endeavor to collaborate in good faith to provide a satisfactory solution to the Customer.

Article 8 – Liability

 

Article 8.1- General

SALESPHERE is not the owner of the Products, which remain the property of the Merchant.

In addition, the Merchant remains the sole guardian of the Products until the Delivery of the said Products to the Customers.

SALESPHERE being only an intermediary between the Customer and the Merchant.

Article 8.2 – Liability of the Merchant

The Merchant assumes full responsibility with regard to the Products that he puts up for sale on the Site, and will deal with complaints relating to the Products alone.

The Merchant is solely responsible for compliance with the regulations applicable to the Products marketed on the Site, the quality of the Products (security, DLC and DDM in particular) and compliance with the intellectual property rights of third parties on the Products.

The Merchant is solely responsible for the display or claim of a quality label or sign on a Product.

The Merchant undertakes to immediately remove from the Site any batch of Products subject to a recall or withdrawal procedure.

In the event of a complaint concerning the Products delivered, the Customer must contact the Merchant by means of the SALESPHERE messaging service provided.

The Merchant will settle the dispute between him and the Customer himself.

The Customer and the Merchant will make their best efforts to reach an amicable resolution of the dispute.

Article 8.3 – Liability of SALESPHERE

SALESPHERE is only bound by an obligation of means in the performance of the services offered on the Site.

The responsibility of SALESPHERE cannot be engaged in the execution of a sale concluded between the Merchant and the Customer on the Site, in particular with regard to the conformity of the Product, the conformity of the offer of sale, the conditions of execution of the after-sales service, the ownership of the intellectual property rights relating to the Products.

The liability of SALESPHERE can only be engaged towards the Client for facts which will be directly attributable to it in its capacity as intermediary and which will have caused direct damage to the Client.

SALESPHERE undertakes to make its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to provide users with all the features of the Site.

The Site will be accessible 24 hours a day, 7 days a week.

By way of derogation, the Site may be temporarily unavailable during the curative or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of the occurrence of an event beyond the control of SALESPHERE.

In the event of the occurrence of a technical failure affecting the operation of the Site, SALESPHERE undertakes to make its best efforts to restore the operation of the Site as soon as possible.

SALESPHERE cannot be held responsible for external intrusions, the presence of computer viruses in the computer system of the Customer using the Site, any consequences of an alteration, total or partial, of the operation of the Site resulting from improper use of the Site. by the Customer, of the non-functioning or slowness of the Customer’s telecommunications network.

Article 9 – Warranties

Article 9.1 – Legal guarantees

All Products sold through the Site benefit from:

The legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the Order;

The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unsuitable for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these T&Cs (Appendix 1).

It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act; can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

These guarantees are without prejudice to the right of withdrawal provided for in Article 7.

The Merchant guarantees the conformity of the Products within the framework of these two legal guarantees.

Article 9.2 – Commercial guarantees

Certain Products for sale on the Site may benefit from a commercial guarantee granted by the Merchant.

The existence of this contractual guarantee is indicated in the Product sheet appearing on the Site.

Article 9.3 – Implementation of guarantees

In the event of a request for the implementation of a legal or contractual guarantee, the Customer must contact the Merchant by means of the SALESPHERE messaging system.

The Merchant undertakes to acknowledge receipt of the Customer’s request by using the SALESPHERE messaging service provided on the Site, within a maximum of 24 working hours, except in the event of store closure. Consequently, the Customer may consult the associated Product sheets indicating the closing periods so that the Customer has all the necessary information, in particular on the delivery times for the Products ordered.

The Merchant undertakes to provide a solution to the Customer within a maximum period of 48 working hours (except during closing periods) from the sending of the aforementioned acknowledgment of receipt, indicating to the Customer the procedures for returning the Product or the possibility of opting for the reimbursement or replacement of the Product.

In the event that the solution proposed by the Merchant following the exercise of his rights by the Customer, would not fully satisfy the Customer, the latter to formulate a complaint concerning a Product directly on the Site.

SALESPHERE will inform the Merchant of this and they will endeavor to work together in good faith to provide a satisfactory solution to the Customer.

Article 10 – Force majeure

 

SALESPHERE cannot be held responsible for the non-execution or the delay in the execution of one of its obligations described in these GCS resulting from a case of force majeure, within the meaning of article 1218 of the Civil Code.

Any irresistible facts or circumstances external to SALESPHERE, unforeseeable, unavoidable, beyond the control of SALESPHERE, and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure.

In addition to the cases retained by the legislation in force and French case law, are considered cases of force majeure, and this without being exhaustive, the following events:

Blockages of networks and communication systems
Total or partial strikes, lockouts, boycotts or similar events
Hacker attacks.
Article 11 – Personal data

 

The Customer is informed that all the data collected in the context of the operation of the Site is processed by SALESPHERE.

The Customer is invited to refer to the “Privacy Policy” tab of the Site to obtain all the information relating to this point.

Article 12 – Intellectual property

 

The Customer undertakes to respect the intellectual property rights of SALESPHERE and in particular, all the elements of the Site including the content of the Site, the brands, the drawings, photographs, images, the texts, the general structure and the tree structure , graphic charters, databases, logos, domain names including in particular the name SALESPHERE, all documents or files, any other distinctive sign present on the Site, including the underlying technology, belonging to SALESPHERE which are protected by French and international laws relating to intellectual property.

No intellectual property rights may be transferred to the Customer.

Any total or partial reproduction of SALESPHERE’s intellectual property rights is strictly prohibited and may constitute an infringement.

The Customer may refer to the SALESPHERE Site for advertising and/or promotional purposes with the prior and express agreement of SALESPHERE.

Any violation of intellectual property rights engages the responsibility of the Customer.

Article 14 – Modification of the General Conditions of Sale

 

SALESPHERE reserves the right to modify, update, rectify and this freely and at any time the present GTC with a view to proper compliance with legislative, regulatory and/or jurisprudential developments.

Any modification will be directly applicable to the Customer.

If necessary, the new GCS will only apply to sales made after the modification and/or adaptation.

Article 13 – Clause deemed unwritten

 

If one or more clauses of these GCS were to be declared void, these would be deemed unwritten without invalidating all of these.

Article 14 – Applicable law

 

These T&Cs are subject to the application of French law.

In the event that these T&Cs are translated into a foreign language, only the French text shall prevail in the event of a dispute over the acceptance of a term or provision herein.

Article 15 – Attribution of jurisdiction and settlement of disputes

 

Disputes likely to arise between SALESPHERE and the Customer will be the subject of an attempt at amicable resolution, before any legal action.

In the event of a dispute between the Client and SALESPHERE relating to the GCS, the Client is informed that, in accordance with the provisions of the Consumer Code, SALESPHERE has appointed a mediator whom he may contact at the following address:

The mediator will be the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) by accessing the online form at the following address:

https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx

At the end of the mediation, the mediator will propose a solution.

The parties remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In the absence of an amicable agreement, any dispute will be brought before the courts within the jurisdiction of the registered office of SALESPHERE, including in the event of multiple defendants, this being expressly accepted by the Client.

APPENDIX 1 – Provisions relating to legal warranties

Article L217-4 of the Consumer Code

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L.217-5 of the Consumer Code

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. »

Article L.217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article L.217-16 of the Consumer Code

“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the garantie that remained to run.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »

Article 1641 of the Civil Code

“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.