Sign up | Log in
My orders
Sign up | Log in
My orders

General Terms of Use

General Terms of Use for the site www.market.preprod.kheoos.com, effective from September 1, 2019

kheoos is not involved in the contractual relationship between Buyer User(s) and Seller User(s), except in cases where kheoos is itself acting as a Seller.

Each Seller is solely and fully responsible for the Product(s) they present and make available to Users of kheoosMarket, including their availability, compliance with applicable legal requirements, and the features described on kheoosMarket.

kheoos does not control or guarantee the availability, quality, security, suitability, or legality of the Product offers made by Sellers, the accuracy or truthfulness of the offer content, the ability of Sellers to sell or Buyers to pay. kheoos shall bear no liability in this respect.

It is the responsibility of the Buyer User to verify any commercial warranties and conditions offered by Sellers, notwithstanding the legal guarantee against hidden defects provided for in articles 1641 and following of the French Civil Code.

In case of difficulties, the Buyer User must contact the relevant Seller(s) directly.

The user declares having read and accepted these Terms of Use by ticking the box provided for this purpose during the creation of their account, and acknowledges that registration, account creation and use of any of the Services imply full and entire acceptance and compliance with these Terms of Use.

The user undertakes to use the Platform honestly, in accordance with its professional purpose, all legal and regulatory requirements, established practices, and these Terms of Use.

The Terms of Use can be consulted, downloaded, and/or printed at any time via the direct link on the homepage of the Platform. Where applicable, they shall prevail over any other version or conflicting document.

As the Terms of Use may be modified from time to time, the version applicable to the user is the version in force on the Platform on the date a Service order is placed or, in the case of kheoos, when the Service is used by making or buying an offer.

The fact that kheoos does not enforce any provision of the Terms of Use at a given time and/or on a given occasion shall not constitute a waiver of its right to invoke such provision later.

2.1 USER ACCOUNT CREATION

To access the Services, the user must create a user account by providing all the requested information on the registration form, including full banking details, intracommunity VAT number, phone number, the name of their legal representative, and the designated contact whom kheoos will prioritize for communication.

The user receives a confirmation email validating their registration and providing access credentials and a password, which can be changed at first login.

Each User has a personal account and personalized access.

Account access is via login ID and associated password.

These identification elements (login and password) can be changed online by the user. They are personal, confidential, and non-transferable. It is recommended that the user changes their password regularly.

The user is entirely and solely responsible for the safekeeping, confidentiality, and use of their credentials. The user assumes all consequences from any use of the Services via their credentials.

Similarly, the user is solely responsible for any direct or indirect damages caused by false, incomplete, and/or misleading information or content provided on the Platform.

Communication between kheoos and the user takes place primarily via electronic communication (e-mail, SMS, User Account on the Platform).

Accordingly, the user must monitor their account and notifications received and respond when necessary.

kheoos reserves the right, at its sole discretion, to refuse any registration request on the Platform, after reviewing the information provided by the user, especially if the delivery address is incomplete and/or the payment method is not among those accepted by the Platform.

2.2 ACCESS TO SERVICES & AVAILABILITY

The services are accessible under the conditions defined herein to any User with internet access. All expenses related to accessing the Services, whether for hardware, software, or internet access, are the exclusive responsibility of the user. The user is solely responsible for the proper functioning of their IT equipment.

Vendor users are required, at their own expense, to meet the technical prerequisites communicated to them at the time of registration.

kheoos undertakes to make every effort to ensure that access to the Services is available 24/7, except for interruptions, whether scheduled or not, for maintenance purposes, or in the event of force majeure or circumstances beyond the control of kheoos.

In such cases, the user may not claim any compensation or hold kheoos liable for any reason whatsoever.

If service access is interrupted for maintenance, kheoos shall inform the user a minimum of forty-eight (48) hours in advance, by e-mail, at the address provided by the user, so as to allow for arrangements to avoid disruptions to the user’s activity.

kheoos undertakes to use all necessary means to ensure the operation of the Services.

Under these conditions, kheoos cannot be held liable for any damages, of any nature, resulting from the unavailability of the Services.

The internet network enabling the user to access the Services is chosen by the user, who is solely responsible for it. Consequently, kheoos cannot be held responsible for any possible unavailability or slowdowns in the use of the services. kheoos is not able to guarantee the continuity of remote use of the Services, which the user acknowledges and accepts.

2.3 RIGHTS OF USE FOR THE SERVICES

This right of use is personal, non-exclusive, and non-transferable, in whole or in part.

Nothing in these Terms may be interpreted as assigning or transferring to the user any intellectual property rights over the services. Said rights remain the full, entire, and exclusive property of kheoos (and/or its licensors, where applicable).

In general, and without this list being exhaustive, the user undertakes to:

  • Not reproduce, copy, transfer, transmit, summarize, incorporate, alter, modify, move, remove, replace, or redistribute, without prior written authorization from kheoos, permanently or temporarily, in any medium or in any manner, all or part of the services, the content, their components or constituent and/or editorial elements of the information present in the Services (such as texts, articles, or titles) and/or content (such as illustrations or photos) and/or the names, logos, brands and/or any other information or distinguishing signs relating to kheoos’s rights over the Services;
  • Not sell, rent, sublicense or distribute all or part of the services in any way;
  • Not extract or reuse, including for private purposes, a substantial or insubstantial part of the content of the Services;
  • Inform kheoos as soon as they become aware of any illegal or non-compliant use of all or part of the Services.

2.4 SUSPENSION OR DELETION OF USER ACCOUNT

The Services are subscribed for an indefinite period in the case of kheoosMarket; for the kheoosPrice, kheoosCast, or kheoosPool services, for a renewable period of one year.

2.4.1 At the initiative of kheoos

If kheoos is informed or considers that content published by the user on the platform or their use of the services does not comply with the Terms of Use or legal requirements, kheoos reserves the right to:

  • Remove all or part of the disputed content;
  • Suspend or terminate the provision and access to the Services for the user;
  • Temporarily or permanently close the user’s account.

After sending a formal notice by email or post that remains unaddressed for a period of eight (8) days from receipt, informing the user of the intent to apply this provision and the proposed measures.

2.4.2 At the initiative of the user

If the user wishes to delete their account and stop using the services, they can request the deletion of their account by writing to kheoos by letter or email.

2.4.3 Effect of account deletion

Account deletion leads to the removal of all content related to the user from the platform.

Notwithstanding this deletion, the provisions of the Terms of Use shall continue to apply for the period prior to such deletion.

3.1 CHOICE OF SERVICES

The user may choose to subscribe to one or more Services suited to their needs.

The ordering procedure includes – at a minimum – the following steps:

The user is asked to select one or more Service(s) from the list of Services offered;

A summary showing all Services or Products selected by the user and their characteristics enables the user to check the details of their order online;

The user must then pay the price. The contract is then validly concluded:

• Either between the user and kheoos in the case of the kheoosMatch, kheeosPrice, kheoosPool, or kheoosCast Services;

• Or between the user and the Seller for the kheoosMarket Service.

3.2 SERVICE PRICING

Prices are given in euros (€), exclusive of tax and inclusive of tax.

3.3 KHEOOSPOOL, KHEOOSPRICE, KHEOOSCAST SERVICES (SUBSCRIPTION)

Subscription to the selected Service constitutes a commercial relationship and runs for a period of one year.

Unless notice is given at least three months prior to the expiry date, the contract thus concluded will be renewed for a further period of one year on the same terms, without further action required by the parties.

If kheoos modifies the service price for the renewed contract period, the user may object to renewal within 15 days of notification of the new price, if such notice is given less than three months before the contract expiry date.

Furthermore, either party may terminate the contract in the event of serious breach by the other party.

3.3.1 kheoosmarket Service

Access to Product offers is free for Buyer Users of kheoosMarket.

Seller Users, on the other hand, subscribe to a monthly subscription giving them access to their store.

Prices may change and are binding on the user of the Website from the time they are published online. The applicable price is the one in force on the day of the order.

3.4 INVOICING

Access to the Services will be invoiced monthly, with invoices sent by email to the user.

Any Order placed on the Platform, whether a subscription to kheoosMatch, kheoosPool, kheoosCast Services or an order for products on kheoosMarket, is paid by the user using the following methods:

  • Direct debit
  • Credit card (Visa MasterCard, American Express).
  • Bank transfer

No other payment method will be accepted.

The user guarantees that the payment method used is valid and that it is not the result of a fraudulent act.

As the account holder, the user is solely responsible for orders placed and for payment thereof.

As kheoos is not a payment intermediary, all transactions carried out on the Platform are managed by Mangopay. This terminal ensures the confidentiality of data using SSL encryption. It complies with PCI DSS security standards.

kheoos shall not be held liable for the operation of the online payment service.

Only the Service to which the user has subscribed will form the subject of a contract between the user and kheoos. Any additional services or customization of a Service requested by the user must be subject to an express agreement between the user and kheoos.

5.1 KHEOOSMARKET SERVICE

5.1.1 General service description

The procedures for Product offers and online orders are reserved for Users, whether natural or legal persons acting as professionals and legally capable of entering into contracts.

Any order between a Buyer and a Seller for goods listed on the market.preprod.kheoos.com Website requires prior review and acceptance of:

  • These General Terms of Use
  • The seller’s general terms and conditions of sale,
  • The contractual terms applicable to online payment via the services of the payment service provider.

5.1.2 Definitions

“Buyer User(s)” (hereinafter “Buyer”): Natural or legal persons acting professionally who make purchases on the marketplace.

“Seller Users” (hereinafter “Seller”): Natural or legal persons acting professionally who offer goods for sale on the marketplace

Site: Marketplace software platform hosted by OVH

Store: Sales space hosted on the marketplace managed and administered by the Seller

5.1.3 Listing offers by the seller user

At any time during their use of the Platform, the Seller undertakes to update this information.

The Seller guarantees the accuracy and completeness of all information supplied to kheoosMarket and is solely responsible for any errors, omissions, or failure to keep information up to date.

Offers listed on kheoosMarket are the responsibility of each Seller, who alone is responsible for their listings and the Products offered.

As such, the Seller declares and warrants that the content of their listings and the Products sold comply with applicable law, that they hold the corresponding intellectual property rights, are not infringing any third-party rights, and are not the subject of any infringement or similar proceedings.

The Seller declares that they are able to deliver the Products in the country/countries where their catalog is listed.

Upon submission of all information requested by the Platform and validation of the technical prerequisites, the Seller will receive a user ID and password granting access to their private Administration Interface.

The Seller will then have access to a dedicated back-office on kheoosMarket allowing them to upload or create Product files with the following information:

  • Internal reference
  • Product description
  • Manufacturer reference and name
  • Purchase price, if applicable
  • Stock quantity
  • Product photos, if applicable
  • Product sheet
  • Certification, if applicable
  • Hazard status of Products, if applicable

The dedicated back-office also enables:

  • Order tracking for their products
  • Order history
  • Edit account and profile settings
  • Search for parts.
  • Manage their catalog
  • See the balance of any sums owed by kheoos under the collection mandate granted under the conditions of the article

Data transfers can be performed by several methods:

  • API
  • CSV import
  • Text or Excel files
  • Manual creation of the product sheet & required fields specified by an *

kheoos reserves the right to publish a list of Products not allowed to be sold on kheoosMarket.

The Seller guarantees kheoos against all financial consequences of any actions, claims, demands, or objections from any party invoking an intellectual property right relating to an offer made on kheoosMarket or an act of unfair competition and/or parasitism.

When a Buyer places an online order via kheoosMarket, they enter into a contract directly with the selected Seller(s) under the Sellers’ general terms and conditions of sale accessible via the Platform.

The Product ordered by the Buyer is delivered and invoiced by the Seller; this also applies to delivery costs.

When kheoos itself acts as Seller, the Buyer User contracts directly with kheoos under the kheoos general terms and conditions of sale.

The Seller is explicitly notified that kheoos places high importance on ensuring that purchases made by Buyers from Sellers on kheoosMarket go smoothly. In particular, kheoos wants orders placed on kheoosMarket with Sellers to be a fully satisfactory experience for Buyers.

In general, the Seller undertakes to use the tools provided, publish their offer, and handle orders, questions, and claims in a diligent, reasonable, and professional manner.

In this respect, the Seller agrees to:

  • Publish their general conditions of sale, applicable to all Buyers of the Site, as well as all updates thereto;
  • Act with moderation and politeness at all times in any exchanges with Users;
  • Comply with all applicable regulations, in particular for sales below cost or tax and social obligations;
  • Comply with any specific regulations, especially the rules protecting consumers (including the right of withdrawal where applicable), and provide Buyers with access to these regulations.

5.1.4 Products listed for sale on the platform

The Seller acknowledges and warrants that they will not list Prohibited Products for sale on the Platform. Otherwise, the Seller may be excluded from the Platform.

kheoos reserves the right to remove a product that does not match the product nomenclature sold on the Platform or if kheoos becomes aware of its illicit nature.

The Seller undertakes to clearly indicate whether the Product is used or new.

It is the responsibility of the Seller to verify the accuracy of product information displayed on their catalog via the Platform hosted by kheoos or on presentation sheets. If any inaccurate, erroneous and/or missing information of any kind is found, the Seller undertakes to inform kheoos and to correct it without delay. Likewise, if kheoos is notified of an error on any catalog page or presentation sheet of the Seller, kheoos will inform the Seller, who agrees to make the necessary changes and/or corrections promptly. In the event of non-compliance due to a poor import of their catalog, the Seller undertakes to resolve all customer disputes relating to such inaccurate information.

As a host, kheoos is under no general obligation to monitor stored information or to actively seek facts or circumstances indicating illegal activities.

However, kheoos is committed to deleting any information posted on the Platform by a Seller upon simple request by anyone reporting its illegal nature or facts and circumstances indicating such nature.

5.1.5 Pricing of product offers

Prices of Products offered on kheoosMarket are freely set by Sellers. However, after deducting the commission paid to kheoos, the sale price must not be below or equal to the resale below cost threshold.

Prices are stated in euros (€), exclusive of tax and inclusive of tax. Delivery charges are specified separately.

Prices may change and are binding on the Buyer User from the time they are posted online. The applicable price is the one in effect on the day of the order.

5.1.6 Sales contract between seller and buyer

The Seller acknowledges being solely responsible for the execution of the Sales Contract and related operations (including transport) concluded with the Buyer. In this respect, kheoos disclaims all liability.

The Seller acknowledges and guarantees that they conclude the Sales Contract with the Buyer. The Seller undertakes to comply with all applicable regulations regarding distance selling, and, where applicable, with all consumer protection provisions in all countries where the Seller delivers Products.

The Seller undertakes to comply with provisions concerning, in particular, statutory warranties, and the right of withdrawal.

If the Seller markets Products in France, they undertake to provide a non-premium rate telephone number to Buyers wishing to ensure proper completion of the Sales Contract or to file a complaint, in accordance with article L113-5 of the French Consumer Code.

The Seller undertakes to provide the Buyer, via the Platform, with necessary pre-contractual information to ensure the Buyer’s informed consent, in particular:

  • Information relating to their identification
  • The essential characteristics of the Products
  • The general conditions of sale
  • After-sales service conditions
  • The price excluding and including tax
  • Where applicable, delivery, transport, postage, and any other additional charges
  • Terms of payment, delivery, or performance
  • The non-existence of a right of withdrawal
  • The duration of the offer and price validity period.

In any event, the Seller guarantees that all Products listed on kheoosMarket are available; i.e., they are held in sufficient stock for dispatch if an order is placed within the lead times indicated by the Seller to Buyers on the Platform.

If an incorrect price is displayed on the Platform, the Seller undertakes to contact affected Buyers within 24 (twenty-four) hours from being alerted, and to refund cancelled orders, subject to applicable regulations.

In this case, the Seller forfeits any amounts collected by kheoos on their behalf since the last transfer, until all affected customers are fully compensated for any price errors.

In such circumstances, kheoos may not be held liable for cancelled orders.

5.1.7 Order process

The Seller confirms product availability and commits to processing orders without delay.

After 48 working hours, a reminder email is sent to the Seller, inviting them to confirm the order immediately. After 72 hours, kheoos may offer the Buyer an amicable resolution to find a solution for processing and delivering the order. In this context, the Seller is invited to check their Administration Interface daily to process orders received or placed on the Site. In the event of a delayed response, the Seller’s rating may be downgraded.

As soon as the Buyer’s order is confirmed, kheoos, under the mandate granted in Article 5.1.8, will validate the payment on behalf of the Seller.

Once payment is effective, kheoos will send the Buyer an order summary by email.

The Seller must immediately prepare the purchased products for dispatch and deliver or arrange delivery, under their sole responsibility, of the ordered and paid Products strictly within the deadlines specified by the Seller to the Buyer.

The Seller then updates the order status and shipping information on the Site.

5.1.8 Representation mandate

The Seller grants kheoos an express mandate to collect the price of Products purchased by Buyers on the Platform in the Seller’s name and on their behalf. The sums collected are non-interest bearing.

The Seller undertakes to generate invoices for Buyers in compliance with applicable regulations, particularly the fiscal requirements in the countries of delivery.

The Seller retains full responsibility for meeting invoicing requirements and their consequences with regards to tax, especially Value Added Tax (VAT). Where applicable, the Seller undertakes to declare the tax collected when it becomes due and acknowledges that kheoos is not liable in any respect for this obligation.

All purchases from the Seller are paid after the Seller dispatches the goods.

If the Buyer requests a refund, kheoos shall be entitled to seek reimbursement from the Seller.

5.1.9 Delivery

The Seller undertakes to respect the delivery times displayed on the Platform.

The Seller agrees to enter into an agreement with their carrier, allowing tracking of Product delivery to Buyers. The Seller must provide the Buyer with delivery information, including carrier tracking numbers.

In the event of dispatch delays and/or absence or inaccuracies in shipping tracking information, kheoos may withhold the payment of sums collected on the Seller’s behalf until the Seller resolves the issue.

The Seller must provide Buyers, in addition to the Product, all manuals, warranties, and other documents necessary to use the Product.

5.1.10 Seller liabilities

The Seller is solely responsible for the Products and the pre-contractual information about the Products they list for sale on the Platform, the execution of the Sales Contract concluded with the Buyer, and the calculation, collection, and possible payment of any applicable taxes, fees, and/or customs duties.

5.1.11 Seller warranty

The Seller guarantees full compliance of their business with applicable regulations, including:

  • Compliance of the Products with the regulations in force in the country of delivery (standards, authorization, safety, composition, etc.)
  • Compliance of the sales offer (price, terms and conditions, delivery, right of withdrawal, etc.)
  • Compliance of after-sales service (statutory and contractual warranties)
  • Being authorized to sell the Products and deliver them to the various destination countries
  • That the Products are authorized for sale and not subject to third-party rights
  • That they hold all intellectual property rights to the elements stored on the Platform and possess all necessary authorizations for their distribution.

The Seller is solely responsible for all direct or indirect damages suffered by a Buyer or third party as a result of listing and/or selling Products on the Platform. The Seller, therefore, undertakes to indemnify kheoos for any action, claim, demand, or objection from anyone alleging loss, right, and/or act of unfair competition arising from the Seller’s activity on the Platform. In such a case, the Seller will be responsible for all damages, including compensation for which kheoos may be found liable by a final court decision as well as all indemnities and costs of any kind incurred by kheoos.

5.1.12 User reviews

The User may leave reviews, suggestions and/or comments relating to their offer and/or order and/or use of the Services.

The User undertakes not to post on the Platform any data, information, or content of a defamatory, insulting, obscene, offensive, violent or violence-inciting, or political, racist, or xenophobic nature and, in general, any content that would be contrary to laws and regulations in force or to accepted standards of behavior.

kheoos reserves the right to moderate reviews and comments left by Users on the Platform.

5.1.13 Buyer

To access the service, the Buyer must register on the Site by completing a dedicated form. Registration is free. The Buyer must provide at least the information marked “Required”. Any incomplete registration will not be validated. All provisions relating to the processing of personal data are defined in these General Terms and Conditions.

Validation of the registration automatically opens an account in the name of the Buyer, giving them access to a personal area for managing use of the services in a format determined by kheoos.

The Buyer guarantees that all information provided in the registration form is accurate and up-to-date, and not in any way misleading.

The Buyer undertakes to update this information in their personal area in the event of any changes, to ensure that the information continues to meet the abovementioned criteria.

The Buyer is informed and accepts that the information entered to create or update their account is proof of identity. The information entered by the Buyer is binding once confirmed.

The Buyer must ensure that their email address is valid in order to receive notifications sent by kheoos.

5.1.14 Purchase process

The Buyer orders directly from the Seller(s) on the Site. A sales contract is concluded between the Buyer and the Seller; kheoos is not a party to this contract and/or any associated contract, including delivery.

Order process: The Buyer selects one or more goods and adds them to their cart. By checking out, the Buyer confirms their purchase(s). The Buyer must then enter their delivery details. Prior to payment, the Buyer accepts the Seller(s) general terms and conditions of sale.

Before confirming the order, the Buyer may review the summary containing information about the essential features of the good being ordered, as well as the price.

At this stage, order information can be changed or amended.

The Buyer acknowledges that acceptance of the offer is made in consideration of the good description, and constitutes a binding commitment to contract with the Seller on the offer’s terms.

The order is subject to the good’s availability, i.e., the order is definitively confirmed if the seller has sufficient stock to fulfil the order.

Once the order is validated, the Buyer completes payment online. The payment platform confirms that the payment was successful. In case of refusal or failure, the Buyer is immediately notified. If successful, a payment confirmation email is sent.

After payment is made, the order can no longer be modified.

Orders are recorded by kheoosMarket and transmitted to the Seller. The Seller is notified of the order by the kheoosMarket back office and by email.

If the Seller rejects the order due to lack of stock, an email is sent to the Buyer for notification.

The order is then prepared and shipped; delivery times depend on the shipping method chosen by the Buyer. kheoos recommends Sellers process orders in less than 72 hours.

The delivery note and invoice numbers are provided to kheoosMarket by the Seller. These numbers are shared with the Buyer to enable tracking via kheoosMarket in the dedicated area. The invoice is also available in the “My Account” area after the goods are handed to the carrier.

The Buyer undertakes to comply with all legal and regulatory requirements regarding the acquisition of goods of any kind. In particular, the Buyer is notified that they may be considered an intra-community acquirer within the meaning of article 256 bis of the French General Tax Code, making them liable for the private copy levy for any purchase from a foreign seller.

Similarly, the Buyer is advised that various authorities may claim additional charges, such as customs duties, when purchasing goods and services from Sellers outside the European Union. The Seller’s Special Conditions specify these arrangements.

5.1.15 Pricing of goods

Prices are only valid on the date of order by the Buyer.

The Seller reserves the right to change prices at any time; however, goods and services will be invoiced based on the price accepted by the Buyer at order confirmation.

Prices do not include delivery charges, which are billed separately. The amount varies according to the shipping method selected and can only be determined when the Buyer finalizes their order.

Payment of the full price is required at the time of ordering. Sums paid shall under no circumstances be considered as deposits or down payments.

Unless otherwise stated in the Seller’s general conditions of sale, ownership of goods and services remains with the Seller until full payment is received.

5.1.16 Payment method

Funds transfer by credit card, wire transfer or direct debit, is carried out at the time the order is validated.

The Seller reserves the right to refuse delivery or fulfillment of an order from a Buyer whose payment has not been validated by kheoos.

Any refunds will be made by the same payment method used by the Buyer, provided the Buyer’s bank account has first been debited.

5.1.17 Delivery and receipt

Delivery times are specific to each Seller.

The Buyer is invited to regularly consult their order tracking in their client area.

The Buyer is informed of shipping charges prior to submitting their order and before confirming it.

Goods are delivered to the address indicated on the form completed by the Buyer.

Neither the Seller nor kheoosMarket is responsible for incorrect mailings or package delivery errors due to incorrectly filled or incomplete forms.

Subject to mandatory provisions and Seller’s terms of sale, the Buyer is reminded that:

  • They must check the condition of the packaging upon delivery and note any damage on the carrier’s slip and notify kheoos,
  • Any anomaly concerning the delivery (damage, missing goods or parcels compared to the delivery slip, damaged parcels, damaged goods, etc.) must be specified on the carrier’s slip as “written reservations”, signed by the Buyer,
  • It is advisable to refuse any damaged parcels upon receipt.

6.1 REGARDING OFFERS AND PURCHASES MADE ON KHEOOSMARKET

kheoos is not involved in the contractual relationship between Buyer User(s) and Seller User(s), except in cases where kheoos is itself acting as a Seller.

Each Seller is solely and fully responsible for the Product(s) they present and make available to Users of kheoosMarket, including their availability, compliance with applicable legal requirements, and the features described on kheoosMarket.

kheoos does not control or guarantee the availability, quality, security, suitability, or legality of the Product offers made by Sellers, the accuracy or truthfulness of the offer content, the ability of Sellers to sell or Buyers to pay. kheoos shall bear no liability in this respect.

It is the responsibility of the Buyer User to verify any commercial warranties and conditions offered by Sellers, notwithstanding the legal guarantee against hidden defects provided for in articles 1641 and following of the French Civil Code.

In case of difficulties, the Buyer User must contact the relevant Seller(s) directly.

6.2 REGARDING THE USE OF SERVICES AND THE PLATFORM

Due to the nature of the internet, kheoos is subject only to a best-efforts obligation regarding the operation, availability, and continuity of the Services.

No liability can be imputed to kheoos in the event of malfunctions, anomalies, errors or bugs of any kind, risks of interruption, viruses, and more generally all risks associated with connecting to and the transmission of Data over the Internet, making use of the Platform totally or partially impossible.

6.3 REGARDING THE CONTENT OF THE SERVICES

The use and content of the Services depend in particular on Data entered and/or provided by the Users themselves and for the purpose for which they intend to use it.

Accordingly, kheoos is subject only to a best-efforts obligation in this respect.

In particular, given the variables and uncertainties, the results and forecasts provided by the Services serve as indicative aids to decision-making, and shall not give rise to any liability on the part of kheoos.

kheoos is not liable for the use made by the User of the information provided through the Services; the User remains solely responsible for their use of this information.

kheoos is not liable for direct or indirect losses or damages suffered by the User or by third parties resulting from the interpretation and/or use of the Services.

kheoos strives to provide Users with the most reliable and high-quality information possible but does not guarantee the accuracy and exhaustiveness of the information distributed on the Platform

6.4 LIMITATION OF LIABILITY CLAUSE

kheoos shall only be liable for direct and foreseeable damages resulting from a breach of its contractual obligations. Under no circumstances shall kheoos be liable for any indirect, foreseeable, or unforeseeable damages. Notably excluded from liability as indirect damages: loss of clientele, loss of profits, loss of productivity, loss of contracts or orders, damage to image or reputation, loss or deterioration of Data (it being the User’s responsibility to regularly back up their Data, whatever it may be), and any damage to a third party.

To the fullest extent permitted by applicable law, and in the event that kheoos is found liable, the aggregate indemnity, including principal, interest, and costs, for all causes, to which the User may be entitled shall be limited to the amount invoiced by kheoos to the User during the six (6) months preceding the event that gave rise to kheoos’s liability, and the User expressly acknowledges that this limitation of liability constitutes an equitable allocation of risk.

User Data provided to kheoosMatch (hereinafter Data) includes the following:

  • Product/part name
  • Product designation
  • Manufacturer reference for the part (if available: EAN)
  • Manufacturer name
  • Technical features & datasheet
  • Physical features & weight, dimensions, materials
  • Possible existing photos
  • Available diagram
  • Video if available
  • Purchase price of the part
  • Selling price if the part is featured in distributor catalogs
  • Stock levels
  • Delivery frequency
  • Consumption for this product/part

Data entered by the Seller on the Platform may be used and retained by kheoos without time limitation to enrich its kheoos Match catalog, even after the closure of the Seller User’s account, which the user expressly accepts.

kheoos undertakes to anonymize sources and to only disclose Seller Data in an aggregated form that does not allow identification of the Seller.

The User has access to Data, documents, and Services provided by kheoos during the period of the subscribed subscription. Upon expiration or termination, the User may not retain Data and documents for their use, except for Data they themselves have provided. The User is explicitly prohibited from downloading for themselves the photos, product sheets, detailed descriptions, or any other Data they have not personally provided.

The user shall take all necessary measures to protect their own Data and information stored on their own IT equipment.

8.1 PERSONAL DATA & INFORMATION TECHNOLOGY AND FREEDOMS

In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), kheoos, as data controller, undertakes to ensure the rights of individuals regarding the protection of personal data collected during use of the Platform, and to require its subcontractors to do the same.

The personal data requested from Users is required to use the Services offered by the Platform.

This personal data is used exclusively by kheoos in connection with its relationships with Platform Users. Your data will under no circumstances be shared with other third parties. Your data will under no circumstances be transferred outside the European Union.

The User has the right to access and rectify personal data concerning them, and can exercise this right at any time by emailing operator@kheoosmarket.com

kheoos will confirm receipt of such a request within a maximum period of two months, in accordance with applicable regulations.

You can update most of your personal information yourself from your user account management page.

8.2 COOKIE POLICY

REFER TO THE APPLICABLE COOKIE POLICY

The User guarantees that signals, writings, images, sounds, or messages of any kind published by them on the Site (including any content relating to listing a good or service for sale, texts, graphics, logos, names, brands, labels, tabs, functionalities, data, photographs, and any other element) comply with applicable laws and regulations.

All content and intellectual property rights, in particular copyright, relating to the general structure of the Platform as well as texts, illustrations, photographs, animations, sounds, software, interfaces, computer programs and any other elements making up the Platform remain the exclusive property of kheoos or their respective holders in accordance with the French Intellectual Property Code, and may not be used without prior authorization.

kheoos grants the User a personal, non-exclusive, non-transferable license strictly limited to use of the Services.

Nothing in these provisions may be interpreted as assigning or transferring to the User any intellectual property rights relating to the Platform or any of its components.

Any exploitation, whether commercial or not, including but not limited to downloading, copying, reproduction, extraction, reuse, distribution, transmission, broadcasting, adaptation, translation, or representation, whole or partial, of the Platform or any of its elements, by any current or future means or processes and on any current or future support, without prior written authorization from kheoos, is prohibited and may result in legal proceedings, including but not limited to claims for infringement, unfair competition and/or parasitism, sanctioned by applicable law.

The User may not assign or transfer to any third party, even free of charge, any of the rights held pursuant to Services subscribed on the Platform. Any attempted assignment or transfer in violation of the foregoing will be null and void.

If any of the provisions of these Terms of Use is found to be null and void in light of applicable law or by a final court decision, it shall be deemed unwritten, without invalidating the rest of the Terms of Use or affecting the validity of its remaining provisions.

kheoos shall not be liable for non-performance of its obligations in cases of force majeure, as customarily recognized by French case law.

The Terms of Use and related transactions are governed by and subject to French law.

The language of these Terms of Use is French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Any dispute relating to the validity, interpretation, performance, or termination of these Terms of Use, or more generally to the relationship of any kind between kheoos and the User, shall be subject to the Commercial Court of Lyon, notwithstanding the presence of multiple defendants or third-party proceedings.