This page is a translation of a document in French. This translation is provided for information purposes only. The final version is the one in French.
1° Description of services or products subject to an offer
The author of an offer of products or services must take care to describe precisely and in good faith the products or services products or services that are the object of his offer.
He must not, under any circumstances, give inaccurate and/or erroneous information, in particular with regard to the content and financial elements of his offer.
The price corresponding to the offer of products or services must be exact and include all the elements composing the price so that the User has an exact vision of the price of the product or service object of the offer.
The author of the offer of products or services must identify himself/herself precisely, that is, if he/she is a natural person, he/she must indicate his/her natural person, he must indicate his name, his first name and his professional address as well as his and that, in the case of a legal entity, it must indicate its corporate name, its registered office and its registration number and its SIREN registration number, the identity of its legal representative.
The author of the offer of products or services must also identify precisely his professional quality and have the diplomas required to identify this professional quality.
2° Prohibition of misleading commercial practices
As the Site only allows the proposal of products or services by professionals, it is strictly forbidden the authors of an offer of products or services to present themselves under a quality other than that of professional (in particular that of consumer or non-professional).
The fact of not respecting this obligation for a professional constitutes a misleading commercial practice constituting a criminal offence.
In this respect, it is specified that article L 132-2 of the Consumer Code states: "The misleading commercial practices mentioned in articles L. 121-2 to L. 121-4 are punishable by two years and a fine of 300,000 euros. The amount of the fine may be increased, in a manner proportionate to the benefits the benefits derived from the offence, to 10% of the average annual turnover, calculated on the last three annual turnovers known on the date of the facts, or to 50% of the expenses incurred in carrying out the advertising or practice constituting the offence. This rate is increased to 80% in the case of the misleading commercial practices mentioned in b and e of 2° of l39;article L. 121-2 when they are based on environmental claims."
More generally, any author of an offer of products or services must refrain from implementing any practices as defined by articles L. 121-2 to L. 121-4 of the French Consumer Code, the texts of which can be found here : https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032220949/#LEGISCTA000032227303
3° Use of the French language
The author of an offer of products or services or the person establishing a content broadcast on the Site must use the French language.
4° Prohibition of acts of counterfeiting or infringement of the intellectual property rights of any third party
The terms used by the author of an offer of products or services or a person establishing a content disseminated on the the Site must not infringe on the rights of any third party, including its intellectual property rights.
In this respect, the author of an offer of products or services or the person creating content published on the Site may only represent or disseminate only those intellectual property rights and/or trademarks and/or content for which he/she has the he has the right to represent them.
The author of an offer of products or services or the person establishing a content disseminated on the Site cannot thus represent a brand and/or a work (for example an article) if he does not have the intellectual property rights on these elements.
Otherwise, the author of an offer of products or services or the person establishing a content distributed on the Site is informed that he/she is guilty of counterfeiting, which is likely to constitute a criminal offence and a violation of the Code of intellectual property.
In this respect, article L335-2 of the Intellectual Property Code stipulates: "Any publication of writings, musical compositions, drawings, paintings or any other work of authorship is prohibited, of drawing, painting or any other production, printed or engraved in whole or in part, in disregard of the laws and regulations relating to the property of the authors, is an infringement and any infringement is a crime. Counterfeiting in France of works published in France or abroad is punishable by three years imprisonment and a fine of 300,000 euros. The same penalties shall apply to the sale, export, import, transshipment or possession for the aforementioned purposes of of the counterfeiting works. When the offenses provided for in this article have been committed in an organized gang, the penalties are increased to seven years' imprisonment and a fine of 750,000 euros.
5° Respect for the rights of individuals
The author of an offer of products or services or the person establishing a content disseminated on the Site, is prohibited to use any abusive, discriminating, sexist terms etc. and, more generally, may not use any term that could constitute a criminal offence term that could constitute a criminal offence and in particular any term of an offensive, racist, sexist discriminating etc.
In this respect, the author of an offer of products or services or the person establishing a content distributed on the Site is informed of the following provisions.
Under the terms of Article 225-1 of the French Penal Code: "Any distinction made between natural persons on the basis of their persons on the basis of their origin, sex, family status, pregnancy, physical appearance, particular vulnerability resulting from
physical appearance, particular vulnerability resulting from their economic situation, apparent or known to its author, their their family name, their place of residence, their state of health, their loss of autonomy, their handicap, their genetic characteristics, their morals, their sexual orientation, their gender identity, their age, their political opinions political opinions, union activities, whistleblower, facilitator or person in contact with a whistleblower with a whistleblower within the meaning, respectively, of Article 6(I) and Article 6-1(1) and (2) of Law No. 2016-1691 of December 9, 2016 on December 9, 2016 on transparency, the fight against corruption and the modernization of economic life, of their ability to express themselves in a language other than French, their membership or non-membership, true or to an ethnic group, a nation, a so-called race or a specific religion.
Any distinction made between legal entities on the basis of origin, sex, family status, or any other factor is also considered discrimination, sex, family status, pregnancy, physical appearance, particular vulnerability resulting from the economic situation, apparent or known, of the person concerned. economic situation, apparent or known to the perpetrator, surname, place of residence, state of health, loss of autonomy loss of autonomy, disability, genetic characteristics, morals, sexual orientation, gender identity, age, sex, age of the victim, etc. political opinions, trade union activities, status as a whistleblower, facilitator or associate of a whistleblower person in connection with a whistleblower, within the meaning, respectively, of I of Article 6 and of 1° and 2° of Article 6-1 of Law no.
2016-1691 of December 9, 2016, the ability to express oneself in a language other than French, the belonging or not belonging, true or supposed, to a specific ethnic group, nation, alleged race or religion of the members or certain members of the of the members or certain members of these legal persons.
Similarly, under Article 225-2 of the Criminal Code: "Discrimination as defined in Articles 225-1 and 225-1-1, committed against a natural or legal person, is punishable by three years' imprisonment and a fine of a natural or legal person, is punishable by three years' imprisonment and a fine of 45,000 euros when it consists of :
The terms used by the author of an offer of products or services or the person establishing a content distributed on the The terms used by the author of an offer of products or services or the person creating a content published on the Site must also not be contrary to good morals.
