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Charter of Good Practices
IVOIREACHAT MARKETPLACE” CHARTER OF GOOD PRACTICE
The present IvoireAchat Marketplace Charter of Good Practice is intended to educate Sellers on certain important issues that make a platform a safe environment, particularly for consumers. DISCLAIMER: This Charter is not in itself exhaustive, nor are the subjects covered exhaustively. This Charter does not constitute legal or tax advice. It is the responsibility of each Seller to seek his own advice in order to ensure (i) that his activity via IvoireAchat Marketplace complies with the national, European and international laws applicable to him, (ii) that he does not misuse the Marketplace platform IvoireAchat Marketplace The present Charter complements the CGMAD; it neither limits nor replaces it. The Seller wishing to sell its products on the IvoireAchat Marketplace undertakes to comply with the following Charter of Good Practices:- GOOD PRACTICE IN CUSTOMER RELATIONS
Through our Marketplace you talk to the customer: good information and good treatment of the customer must govern your activity on IvoireAchat Marketplace. In this respect, we draw the attention of Sellers to the fact that : You must provide all consumers with fair and transparent information at all stages of the relationship (before the sale, while carrying out the sale, and after the sale); You must provide all consumers on the Marketplace before the sale with all the information required by the applicable regulations, in particular articles L111-1, L11-2, L 121-17 of the French Consumer Code; You must ensure that consumers can effectively exercise their right of withdrawal (provided for in particular by article L121-21 et seq. of the French Consumer Code); You must comply with the rules relating to product warranties, in particular the legal warranty of conformity (provided for in particular by Article L. 211-4 to L. 211-13 et seq. of the French Consumer Code) and the warranty against hidden defects (provided for in particular by Article 1641 to 1648 of the French Civil Code); 2 You must comply with the legal and regulatory provisions relating to the collection, processing and storage of personal data, in particular those provided for by Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms. Good practices to adopt If you are a Seller on our Marketplace, you must at least : At the pre-sales stage: Fill in and update your product data sheets as completely as possible, and at the very least in compliance with the information required by law; Fill in the information about yourself that is visible to customers, so that they can clearly identify your structure; Only put products online that you actually have in stock; Display the price of your products, including all taxes and any customs charges; Indicate the country from which you ship your products; Display a shipping time consistent with the country from which you ship your products; At the sales stage: Respect the promise you have made to the customer: in terms of the quality of the product sold, price, delivery time, return conditions…. ; Deal with the customer’s after-sales requests in accordance with your commitments and legal requirements, particularly in terms of product warranties ; In all circumstances : Remain courteous and respectful; Respond to all customer requests (information, complaints … ) within the time limits set out in the CGMAD; Always address customers in French; Do not (i) directly or indirectly draw customers to your own website or the website of any third party (for example, you must not use your URL as a pseudonym for your store, and you must not indicate the URL of your website on any medium likely to be brought to the customer’s attention, such as product sheets, your terms and conditions of sale, or your e-mails to customers); (ii) insert in your packages advertising or information material in the interest of your own website or any third party; (iii) canvass customers. 3 take account of customer feedback (requests for information, complaints, customer opinions, etc.) in the conduct of your business on our Marketplace; never use the personal data of customers to which you have access for any purpose other than the performance of your obligations relating to sales on our Marketplace; ensure that the confidentiality and integrity of customers’ personal data is maintained, in particular by implementing any physical and logical means sufficient to ensure the security of such data; not retain customers’ data beyond the period necessary for the performance of your obligations relating to sales on our Marketplace. - GOOD PRACTICE REGARDING PROHIBITED PRODUCTS OR PRODUCTS RESTRICTED FROM SALE
Some products are prohibited from sale on our Marketplace, and only certain Sellers are authorized to sell certain products. In this respect, we draw the attention of Sellers to the fact that: National, European or international legislation prohibits the sale of certain products online, e.g. medicines, cigarettes, etc.; National, European or international legislation prohibits the sale of products from countries subject to international sanctions or embargoes; The sale of books in France is subject to the provisions of the law of August 10, 1981 instituting the single price for books, as well as law no. 2011-590 of May 26, 2011 relating to the price of digital books; Certain products are subject to restricted distribution; Our CGMAD also prohibit the sale of certain products. Best practices If you are a seller on our Marketplace, you must, at the very least: Absolutely refrain from offering any item whose sale is prohibited by national, European or international legislation; Absolutely refrain from offering any product from countries subject to international sanctions or embargoes. ; 4 Absolutely refrain from offering items prohibited by our CGMAD: a) items whose advertising, offering or marketing infringe intellectual property rights (copyright and related rights), industrial property rights (trademarks, patents, designs) and any other applicable rights (in particular image rights, privacy rights, personality rights); b) items that are discriminatory or incite violence (including weapons falling into categories A to D as defined by law, toys and dummy replicas of weapons, etc. ), or to racial, religious or ethnic hatred; c) live animals; d) stolen goods; e) advertising, including in the form of links; f) medicines, drugs of any kind, articles likely to incite the use of narcotics or substances presented as having the effects of substances or plants classified as narcotics; g) articles likely to present a danger to health, safety or the environment; h) Other items which cannot be legally offered or sold, or whose offer or sale is likely to infringe public order, morality or the rights of other Sellers or third parties i) Products of an erotic or pornographic nature; Ensure and be able to justify that you have sufficient authorizations for the distribution of products whose sale is subject to restrictions; Make sure that your offers comply with the regulations in force before your ads are put online on IvoireAchat Marketplace; Absolutely refrain from selling any product for which you have doubts about your right to offer it for sale on our Marketplace. - PRODUCT SAFETY AND CONSUMER HEALTH REQUIREMENTS
Products placed on the market must be safe and contain information guaranteeing their traceability, such as the identity of the manufacturer and the product reference. Where necessary, they must be accompanied by warnings and information on the risks inherent in their use. Sellers are solely responsible for ensuring that the products they offer for sale on the Marketplace comply with the Safety Requirements. Selling products that do not comply with the Safety Requirements is your sole responsibility as a Seller. In this respect, we draw the attention of Sellers to the fact that: 5 any product is likely to fall within the scope of one or more regulations (in particular national and/or European) relating to product safety (hereinafter the “Safety Requirements”); Safety Requirements may be general and common to all products (e.g. Directive 2001/95/EC of the European Parliament and of the Council of December 3, 2001 on general product safety); Specific Safety Requirements may apply to certain product categories (e.g. toys, electrical appliances or food products); Safety Requirements include details on packaging or in information documents, so that the buyer/user has the necessary information on the manufacture of the product, the standards it meets and the conditions in which it can/should be used. Best practices to adopt: If you are a Seller on our Marketplace, you must take all necessary steps to ensure that only products that comply with applicable regulations are offered for sale. It is therefore your responsibility, at the very least, to : If you are a manufacturer: design products that comply with safety requirements, and take all the necessary steps to establish and justify this compliance (in particular by justifying the tests carried out and producing the certifications obtained); If you are the importer: ensure that the manufacturer has designed a product that complies with the applicable Safety Requirements (in particular by checking the applicable regulations and the products’ compliance with them); If you are the distributor: identify the safety regulations applicable to the products you offer, and check that the manufacturer and importer have complied with their obligations, and therefore that the products meet the applicable Safety Requirements; In all cases, it is your responsibility to ensure that your products, their packaging and any other documents which may be mandatory by virtue of their nature meet the applicable Safety Requirements (in particular presentation, marking, labeling, instructions for use). Refrain from offering for sale any product for which you are not certain of its compliance with the applicable Safety Requirements; Withdraw from sale any product which is the subject of a withdrawal procedure, and to take all necessary steps in the context of product recall procedures; - GOOD ANTI-CONTRAVENCY PRACTICES
Offering counterfeit products is illegal and engages your sole responsibility as a Seller towards Internet users and rights holders. IvoireAchat Marketplace respects the rights of third parties. In this respect, we draw the attention of Sellers to the fact that : counterfeiting can take various forms, in particular by: Copying or imitating the name, logo, shape, motifs or presentation of a protected product (trademark, design, copyrighted work), or COPYING a patented technical invention. but also the fact of importing into the European Union without the authorization of the owner of the intellectual property rights; A counterfeit product presents a significant risk of not meeting the Product Safety Requirements recalled in the previous section. Good Practices to adopt: If you are a Seller on our Marketplace, it is your responsibility to at least : Verify the authenticity and, more generally, the non-infringing nature of your products before placing them online on our Marketplace; In the event of any doubt as to the authenticity or, more generally, the non-infringing nature of your products, refrain from placing them online; Respond to any complaint from a Buyer within the deadlines and under the conditions set out in the CGMAD and, where appropriate, compensate the Buyer. - GOOD PRACTICES AGAINST TAX AND SOCIAL FRAUD
Selling without knowledge of applicable taxes (in particular VAT), without knowledge of parafiscal taxes (in particular WEEE, Sorecop) or applicable social security contributions is illegal and renders you solely liable to Internet users, third parties and the tax authorities. In this respect, we draw the attention of Sellers to the fact that: 7 The main tax on consumption in France is the Value Added Tax (VAT); that its rate differs according to the nature of the product; There are also several parafiscal taxes likely to apply to certain categories of products such as : Taxe sur la copie privée or “Sorecop” on all digital data media such as hard disks, memory cards, USB sticks, tablets; or, DEEE (Déchets d’équipements électriques et électroniques) on electrical and electronic products…); All commercial activity in France is subject to national taxation (notably corporate income tax), except in strictly defined special cases. Income from sales via our marketplace is taxable and must be declared to the tax authorities as part of your income tax return. All commercial activities in France are subject to social security contributions, except in special cases which are strictly regulated. Income from sales via our marketplace must be declared to the social security authorities as part of your tax return. Best practices to adopt: If you are a Seller on our Marketplace, it is your responsibility to at least : Consult the relevant government websites: www.impots.gouv.fr, concerning your tax obligations www.securite-sociale.fr, concerning your social obligations Check the VAT rate applicable to your products, and apply the appropriate VAT rate to your products; If you believe that you are not liable for VAT, make sure that your personal situation justifies such an exemption; Check whether your products are subject to parafiscal taxes, and apply the appropriate parafiscal taxes to your liable products; Pay the taxes related to your activity on our Marketplace. If you believe that your activity on our Marketplace is not subject to tax in France, verify your situation and be able to justify it. - IvoireAchat AS A IvoireAchat MARKETPLACE HOST
We are committed to making our Marketplace a quality platform for Internet users and third parties. 8 With this in mind, IvoireAchat : will respond to any request emanating from a public authority, within the framework of its right of communication which would be relative to the Sellers and their products; Encourages any person to notify it in accordance with article 6. 1. -5 1 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy “LCEN”, the presence of manifestly illicit content on the Marketplace IvoireAchat Marketplace; Encourages anyone to notify it of the presence on the Marketplace IvoireAchat Marketplacedproducts that do not meet the Security Requirements; reserves the right to immediately suspend any offer that does not meet the good practices above, and more broadly to apply any measure provided in the CGMAD.
- GOOD PRACTICE IN CUSTOMER RELATIONS