General conditions of use of the EKCESTOCK service offering the sale of electronic components to professionals

The B2B service EKCESTOCK (hereinafter "the SERVICE") is offered on the platform (hereinafter "the PLATFORM") accessible on the website https://ekcestock.com (hereinafter "the SITE") by the company EKCESTOCK, a one-person simplified joint stock company with a capital of 1,000 euros, identified under the number 977 525 575 at the RCS of Versailles and the intracommunity VAT number FR84977525575, whose head office is located at 41 C Route de Chatou - 78420 Carrières-sur- Seine.

The purpose of the SERVICE is to enable professionals to sell their surplus stock of new components to other professionals operating within the European Union, through the intermediary of EKCESTOCK acting either as a commission agent, i.e. in its own name on behalf of professional sellers, or as a buyer-reseller.

PRELIMINARY ARTICLE: DEFINITIONS

When used in capital letters, the following terms, whether singular or plural, shall have the following definition:

SUBSCRIBER: refers to any BUYER or SELLER who has opened an ACCOUNT to benefit from the SERVICE.

BUYER: means a USER with an ACCOUNT acting in the course of a professional activity, with the power and authority to enter into a CONTRACT and purchase COMPONENTS offered for sale on the PLATFORM.

ADVERTISEMENT: means an offer to sell COMPONENTS issued by a SELLER and relayed by EKCESTOCK on the PLATFORM.

ORDER FORM: means the document in printed or electronic format by which a BUYER undertakes to purchase identified COMPONENTS offered for sale on the PLATFORM. The ORDER FORM sets out the specific conditions of the order and refers to the GCU, with which they together constitute the PURCHASE CONTRACT. A standard document is available to BUYERS on the SERVICE.

SALE AGREEMENT: means the document in printed or electronic format by which a SELLER undertakes to sell identified COMPONENTS offered for sale on the SERVICE. The SALE AGREEMENT, which sets out the specific conditions of the SALE via EKCESTOCK, refers to the GTCU, with which they together constitute the SALE CONTRACT. A standard document is available to SELLERS on the SERVICE.

GCU: means these GENERAL TERMS AND CONDITIONS OF USE OF THE EKCESTOCK SERVICE OFFERING ELECTRONIC COMPONENTS FOR SALE TO PROFESSIONALS.

ACCESS CODES: refers to the usernames and passwords of a USER, BUYER or SELLER, enabling him/her to access his/her ACCOUNT, which he/she undertakes to keep confidential.

COMPONENTS: refers to new electronic components, never unpacked or unwrapped, without any particular guarantee and whose essential characteristics are listed in the technical data sheets in the ADVERTISEMENTS or available on request from EKCESTOCK.

ACCOUNT: refers to the SERVICE interface, hosted on the PLATFORM, in which all DATA provided by or concerning a USER, BUYER or SELLER is grouped together.

COMMISSION: means the amount deducted from the SELLING PRICE paid by the BUYER to EKCESTOCK on behalf of the SELLER when EKCESTOCK acts as commission agent. The amount of EKCESTOCK’s commission is indicated on the SALES FORM.

GENERAL CONDITIONS OF PURCHASE: general conditions of purchase of COMPONENTS for the company EKCESTOCK with a view to their resale by the latter in its name and on its behalf.

PARTICULAR CONDITIONS: This is the SALE OR PURCHASE AGREEMENT as the case may be.

CONTRACT: refers to the entirety of the GTCU and the SPECIAL TERMS AND CONDITIONS, which may supplement, specify or modify certain provisions of the GTCU by mutual agreement between the PARTIES.

PURCHASE AGREEMENT: together, the GCU and the ORDER FORM, by which the BUYER undertakes to comply with all applicable provisions.

SALE AGREEMENT: together, the GTCU and the SALE AGREEMENT, by which the BUYER undertakes to comply with all applicable provisions.

QUOTATION: means the SELLING PRICE AND LOGISTICS CHARGES for a given BASKET completed by a BUYER.

DATA : means the personal data of a USER and/or SUBSCRIBER within the meaning of Article 4 of the RGPD, namely “any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity”. For the SUBSCRIBER, this means, in particular, his or her first name, surname, postal and e-mail addresses, telephone numbers and any other information entrusted to the PLATFORM.

TECHNICAL DATA SHEET: refers to the document containing the following information for each COMPONENT:

  • Manufacturer’s name
  • Manufacturer’s part number
  • The member type
  • Reference description
  • Date code
  • Type of packaging (if any)
  • Quantity available in stock
  • The weight
  • SELLER code
  • The price

REGISTRATION FORM: means the document to be completed by the USER, BUYER or SELLER when opening an ACCOUNT. The information requested includes: surname, first name, position in the company, company name, company size, e-mail and business postal address, business sector, SIRET number, VAT number, European Union country.

PLATFORM SUBSCRIPTION FEES: refers to the annual lump sum paid by all SELLERS and BUYERS wishing to use the SERVICE offered by EKCESTOCK on the PLATFORM. For all BUYERS/SELLERS, the PLATFORM SUBSCRIPTION FEES will be invoiced only once for the Siret Number.

LOGISTICS CHARGES: refers to the amount of the sums due to EKCESTOCK for logistical operations, the collection of the COMPONENTS from the SELLER and their transport and delivery to the BUYER. They are the responsibility of the BUYER.

BASKET: refers to the list of COMPONENTS and their number that the BUYER wishes to purchase and for which he/she requests a quote from EKCESTOCK.

PARTIES: refers to the parties to the AGREEMENT, whether it is the SALE AGREEMENT or the PURCHASE AGREEMENT, which consists of the present GCU and the SPECIAL TERMS AND CONDITIONS.

PLATFORM: refers to the platform accessible on the SITE to all USERS with an ACCOUNT.

SELLING PRICE: means the selling price, excluding VAT and excluding LOGISTICS COSTS, of the COMPONENTS offered for SALE on the SERVICE/PLATFORM.

RANGE: refers to each family, each type of COMPONENT offered on the PLATFORM, such as, but not limited to: integrated circuits/IC chips, discrete components, passive components, accessories and tools, LED lighting, electromechanics, circuit protection, other components.

SERVICE: refers to the contact service available to USERS who have previously registered on the PLATFORM by creating their ACCOUNT with a view to buying or selling COMPONENTS.

SITE: website accessible at www.ekce-stock.com

TRANSPORTER: Individual or legal entity that transports COMPONENTS to the BUYER on a professional basis.

USER: refers to any natural person accessing and browsing the SITE, whether or not a BUYER and/or SELLER.

SELLER: refers to a USER who has created an ACCOUNT and offers COMPONENTS for sale on the PLATFORM as part of a commercial activity within the framework of the SERVICE.

SALE: refers to the sale of COMPONENTS by EKCESTOCK on the SERVICE in its own name and on behalf of a SELLER to a BUYER.

ARTICLE 1: SCOPE OF THE CGU

These general conditions of use (hereinafter the “GCU”) govern the legal relationship between EKCESTOCK and the USERS and/or SUBSCRIBERS of the PLATFORM and between BUYERS and SELLERS (through EKCESTOCK) for the duration of the provision of the PLATFORM and the SERVICE. Use of the PLATFORM and/or the SERVICE is subject to full acceptance of the GCU, which prevail over all other provisions, in particular the SELLER’s general terms and conditions of sale and the BUYER’s general terms and conditions of purchase. USERS and/or SUBSCRIBERS who do not accept the provisions of the GCU (in whole or in part) are not authorized to use the PLATFORM and/or the SERVICE.

EKCESTOCK may modify the GCU at any time and at its sole discretion, in particular in order to adapt to its technical environment and to comply with changes in current regulations. In this case, EKCESTOCK will inform USERS in advance by publishing the modified GTCU on the PLATFORM and/or using another means of communication (such as, for example, an e-mail sent to SUBSCRIBERS), mentioning the date on which the GTCU were updated.

Continued use of the PLATFORM and the SERVICE after publication of the amended TOU implies full acceptance of the new TOU by USERS.

USERS who do not accept the modified TOU will no longer be authorized to use the PLATFORM and, where applicable, the SERVICE.

ARTICLE 2: GENERAL PRESENTATION OF THE SERVICE

The purpose of EKCESTOCK is to identify and list the stocks of COMPONENTS in the European Union and to put a SELLER offering COMPONENTS in contact with one or more BUYER(S) seeking to purchase them through EKCESTOCK.

The company EKCESTOCK thus offers, on its PLATFORM, a SERVICE enabling SELLERS to offer their COMPONENTS for sale through the intermediary of the company EKCESTOCK acting in its name and on their behalf.

Thus, any registered SELLER who so wishes may send EKCESTOCK one or more ADVERTISEMENTS for the sale of COMPONENTS with a view to placing them online on the PLATFORM. EKCESTOCK will reference each ADVERTISEMENT in one of the PLATFORM’s HEADINGS.

Each ADVERTISEMENT includes essential information about the COMPONENT concerned, its price, the current stock availability and a link to its TECHNICAL DATA SHEET. In the absence of a TECHNICAL DATA SHEET, any information may be obtained by sending an e-mail to EKCESTOCK.

The BUYER, previously registered on the PLATFORM, who wishes to acquire COMPONENTS must select them on the PLATFORM, deposit the desired COMPONENTS in the BASKET provided on the PLATFORM. The EKCESTOCK company then formalises a QUOTATION on the PLATFORM which, once validated by the BUYER, becomes the ORDER FORM containing the list and the PRICES of the selected COMPONENTS plus the LOGISTICS COSTS.

In the event of force majeure or the impossibility of carrying out the SALE for a reason beyond its control, EKCESTOCK will not issue a QUOTATION and no ORDER will be finalized.

Upon confirmation of its agreement by EKCESTOCK, the BUYER is invited to pay the SALE PRICE and the LOGISTICS CHARGES by transfer to EKCESTOCK’s bank account to finalize the ORDER.

Once the SALE PRICE and the LOGISTICS CHARGES have been received by EKCESTOCK, the SERVICE will pick up and deliver the COMPONENTS to the BUYER’S address.

The BUYER shall have thirty (30) days to ensure that the COMPONENTS conform to the ORDER FORM.

At the end of this period, and if no claim has been made by the BUYER, the SELLER will receive from EKCESTOCK, by bank transfer, the SALE PRICE from which the amount of the COMMISSION will be deducted according to the invoice.

EKCESTOCK may also, in certain cases, act not as the SELLER’s commission agent but as a buyer-reseller of the COMPONENTS.

The BUYER is informed of EKCESTOCK’s intervention status for each AD.

ARTICLE 3: TERMS AND CONDITIONS OF ACCESS TO THE SITE, THE PLATFORM AND THE SERVICE

In principle, the EKCESTOCK WEBSITE is accessible to users 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions for maintenance purposes or in the event of force majeure. In the event that access is not possible, EKCESTOCK undertakes to do its utmost to restore access to the SITE, the PLATFORM and the SERVICE and to provide users with an optimal browsing experience. However, as EKCESTOCK is subject only to an obligation of means, it shall not be held liable for any interruption or suspension of the SERVICE or for any damage whatsoever resulting from the unavailability of the SITE, the PLATFORM or the SERVICE.

For his part, the USER is solely responsible for the means he uses to access the SITE, the PLATFORM and the SERVICE. The user also declares that he/she is aware of the nature of the Internet and networks, accepts their characteristics and limits (in particular the limits in terms of security) and ensures that he/she is protected against any intrusion or contamination by viruses or other technical incidents.

USERS are encouraged to inform EKCESTOCK of their experiences and suggestions regarding their browsing of the SITE and the PLATFORM and their use of the SERVICE with a view to constant improvement by e-mail to contact@ekce-stock.com.

ARTICLE 4: TERMS AND CONDITIONS OF SERVICE ACCESS

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4.1 Eligibility requirements

The SERVICE is intended solely for USERS who are natural persons over the age of 18 and who are authorized to act in the name and on behalf of a legal entity that uses or has COMPONENTS and to bind it contractually.

4.2 Account registration

Any USER declaring compliance with these GCU and wishing to buy or sell COMPONENTS must first open an ACCOUNT, as BUYER or SELLER, in order to access the PLATFORM and benefit from the SERVICE.

A USER may have only one ACCOUNT, but may use the PLATFORM and benefit from the SERVICE either as a BUYER or as a SELLER, depending on whether he has COMPONENTS to sell or wishes to acquire them. In this way, the USER can be both BUYER and SELLER.

To this end, the USER must fill in a REGISTRATION FORM available on the PLATFORM and provide the required DATA and personal information, which must be accurate, complete, truthful and up-to-date. In particular, he/she must indicate his/her surname, first name, billing and delivery address and credit card details (for credit card payments). It guarantees the relevance and accuracy of its DATA and is solely liable to EKCESTOCK, as well as to other USERS and third parties, for any error, omission or negligence in this regard.

He must also provide EKCESTOCK with supporting documents (Kbis extract less than three (3) months old, certificate of vigilance, status of the USER within his company and any other document intended to prove his capacity to commit his company and the capacity of his company to respect its commitments).

He or she must update the information provided in the event of any change in his or her situation or that of his or her company, and regularly renew the communication of relevant documents (Kbis extract and certificate of vigilance to be renewed every 6 months).

When creating an ACCOUNT, the USER also creates ACCESS CODES.

ACCESS CODES are strictly confidential and for personal use only. It is the responsibility of each USER to take the appropriate measures to prevent third parties from becoming aware of it. Consequently, the USER undertakes not to communicate them to anyone in any way whatsoever. The USER is solely responsible for their safekeeping and use and will be held accountable for the acts and actions of any person using his ACCOUNT, even without his knowledge. In addition, the USER undertakes to change his ACCESS CODES immediately if he has reason to believe that their confidentiality has been compromised or that an unauthorized person has had or is likely to have access to his ACCESS CODES. The USER undertakes to immediately inform EKCESTOCK, which will suspend all access to the SERVICE before the USER creates new ACCESS CODES.

In addition, EKCESTOCK reserves the right to ask the USER to modify all or part of his ACCESS CODES, in particular for regulatory, technical or security reasons, without the USER being able to object in any way whatsoever.

Finally, in order to benefit from the SERVICE, the USER must pay a PLATFORM SUBSCRIPTION FEE as described in article “FINANCIAL CONDITIONS”. They must also accept the PLATFORM’s confidentiality policy and be in possession of professional liability insurance.

4.3 Suspension/Closure of a USER account

In the event of fraudulent registration or provision of erroneous, incomplete, misleading or obsolete information or DATA, or if the ACCOUNT has remained inactive for one (1) year, or if the SUBSCRIBER fails to pay the PLATFORM SUBSCRIPTION FEES by the due date, EKCESTOCK may decide to refuse, suspend or cancel the USER’S ACCOUNT with immediate effect in accordance with the “TERMINATION” article of these GCU, without prejudice to any rights EKCESTOCK may have to sue the USER and obtain compensation for any damage suffered.

In particular, in the event of abnormal activity by a USER on the SITE or the PLATFORM, observed by EKCESTOCK on the basis of serious and concordant evidence that would give rise to a suspicion of fraud on the said user, EKCESTOCK reserves the right to suspend and/or close the user account(s) concerned. In this case, the user will receive an e-mail from EKCESTOCK informing him of the closure of his USER account. EKCESTOCK reserves the right to initiate the appropriate legal proceedings for compensation for any damage it may have suffered as a result of proven fraudulent activity.

Once the ACCOUNT has remained inactive for three (3) years, the ACCOUNT will be automatically deleted if the USER does not respond to EKCESTOCK’s request, before the end of this three (3) year period, as to whether he or she wishes to keep his or her ACCOUNT.

ARTICLE 5: TERMS AND CONDITIONS FOR SELLING AND RESERVING COMPONENTS

5.1 Advertisement proposal by a SELLER

The SELLER wishing to offer COMPONENTS for sale via EKCESTOCK on the PLATFORM must upload an Excel file (according to the template provided by EKCESTOCK) containing all the required characteristics (COMPONENT DATA SHEET, volume, SELLING PRICE, availability date) and complete a SALE FORM which must be signed by the SELLER and transmitted to the PLATFORM. This SALE AGREEMENT indicates whether he entrusts the SALE of his COMPONENTS to EKCESTOCK acting as commission agent or buyer-reseller.

If it entrusts the SALE of its COMPONENTS to EKCESTOCK acting as a buyer-reseller, EKCESTOCK’s GENERAL TERMS AND CONDITIONS OF PURCHASE shall apply.

As soon as EKCESTOCK has formally accepted the SALE AGREEMENT and the COMPONENT DATA SHEET (Excel file filled in), EKCESTOCK will confirm its agreement to these documents in writing, if necessary after requesting modifications from the SELLER.

The written agreement of EKCESTOCK will formalize the conclusion of a SALE CONTRACT entrusted by the SELLER to EKCESTOCK, a contract composed of the present GTCU and the SALE FORM constituting the particular conditions of the CONTRACT between the PARTIES.

As long as it is a SUBSCRIBER, the SELLER agrees not to offer for sale the COMPONENTS it has on other sites or platforms or directly to BUYERS. The said COMPONENTS must be reserved for sale on the PLATFORM and through EKCESTOCK.

5.2 Placing an ADVERTISEMENT online

The ADVERTISEMENTS are placed online by EKCESTOCK on behalf of the SELLER when EKCESTOCK is acting as a commission agent or on behalf of EKCESTOCK itself when it is acting as a buyer-reseller. They are accessible to SUBSCRIBED BUYERS. The characteristics of the COMPONENTS, their SALE PRICE and their availability are indicated in the ADVERTISEMENT, which is updated in real time with regard to the stock remaining available. Thus, EKCESTOCK may, at any time, withdraw an ADVERTISEMENT if stocks are exhausted. In addition, the description of the COMPONENTS is based on information and elements provided by the SELLERS. EKCESTOCK declines all responsibility in the event of errors in the content of the ADVERTISEMENTS, but reserves the right to remove any ADVERTISEMENT found to be contentious. The ADVERTISEMENTS presented online are valid for as long as they appear on the PLATFORM, unless otherwise indicated. EKCESTOCK classifies the ADVERTISEMENTS according to the RUBRIQUES that it implements in a discretionary manner. There is no capital link between EKCESTOCK and the SELLERS using the SERVICE that could influence the ranking of ADVERTISEMENTS on the PLATFORM. EKCESTOCK reserves the right to delete an ADVERTISEMENT or block an ACCOUNT in the event of use of the SERVICE that does not comply with the GCU. EKCESTOCK may, with the prior written consent of the SELLER if it is acting as a commission agent, or at its discretion if it is acting as a buyer-reseller, and in compliance with the regulations in force, modify the SELLING PRICE of the COMPONENTS indicated on the ADVERTISEMENT.

5.3 Ordering COMPONENTS by a BUYER

ORDER STEPS

ORDERS are placed on the PLATFORM.

The BUYER consults the COMPONENT ADVERTISEMENTS available on the PLATFORM and selects one. Once an ADVERTISEMENT has been selected, the BUYER chooses the desired volume and fills in an ORDER FORM on the PLATFORM. The BUYER may not modify the characteristics of the COMPONENTS or the SALE PRICE shown on the ADVERTISEMENT or the amount of the LOGISTICS CHARGES which will then be offered by EKCESTOCK.

Before confirming his ORDER, the BUYER has the possibility to check the details of the ORDER FORM, to go back to the previous pages to correct possible errors or to modify his ORDER.

As soon as EKCESTOCK formally accepts the ORDER FORM, it will confirm its agreement in writing and specify, if necessary, the logistical arrangements. The written agreement of EKCESTOCK will formalize the conclusion of a CONTRACT OF SALE with EKCESTOCK on behalf of the SELLER or on its own behalf, as the case may be, the CONTRACT being composed of these GTCU and the ORDER FORM constituting the PARTICULAR CONDITIONS of the CONTRACT between the PARTIES. In the event of any provision of the SPECIAL TERMS AND CONDITIONS to the contrary, the provisions of the SPECIAL TERMS AND CONDITIONS shall prevail.

While a SUBSCRIBER, the BUYER may not purchase COMPONENTS directly from the SELLER.

Cancellation and refund :

All ORDERS are firm and final, and payment made at the time of booking cannot be refunded.

However, if a BUYER wishes to cancel a confirmed ORDER, he/she must pay :

  1. the full SALE PRICE and LOGISTICS CHARGES if the cancellation occurs less than seventy-two (72) hours before the SELLER collects the COMPONENTS. The same applies if the COMPONENTS are not received at the time and place indicated.
  2. the full SALE PRICE, but not the LOGISTICS COSTS, if the cancellation occurs more than seventy-two (72) hours before collection of the COMPONENTS from the SELLER’s premises.

In the event that a SALE PRICE or LOGISTICS COSTS have been incorrectly assessed and justify an increase, the BUYER may cancel the ORDER without charge and be reimbursed for the amounts paid to EKCESTOCK within a reasonable period of time.

ARTICLE 6: TERMS AND CONDITIONS FOR COLLECTION, DELIVERY AND RECEIPT OF COMPONENT ORDERS

EKCESTOCK is responsible for the collection of the COMPONENTS from the SELLER, the logistics of transport, delivery and follow-up of receipt by the BUYER.

In the context of these services, EKCESTOCK specifies that it is not acting as a freight forwarder under article L. 132-3 of the French Commercial Code.

6.1 Collection from the SELLER's premises

The SELLER undertakes to make available to EKCESTOCK the COMPONENTS sold, packaged and ready for shipment, for a minimum period of seventy-two (72) hours from confirmation of the ORDER.

6. 2 Transport logistics

EKCESTOCK will, itself or through any intermediary of its choice, collect the COMPONENTS ready for shipment from the SELLER’s premises at the place, date and time previously agreed, and transport them to the BUYER’s reception site. LOGISTICS CHARGES previously agreed at the time of ORDER will be invoiced to the BUYER.

6.3 Delivery

The COMPONENTS will be delivered to the BUYER at the place, date and time previously agreed, provided that the SALE PRICE and the corresponding LOGISTICS COSTS have been paid in full. Delivery times are given for information only. In the event of a delay in delivery, EKCESTOCK will endeavour to inform the BUYER. The latter may also notify EKCESTOCK of any delay in delivery by e-mail or telephone. EKCESTOCK undertakes to do everything necessary to determine the cause of the delay and to find an appropriate solution with a view to the effective delivery of the ordered COMPONENTS as soon as possible.

The risk of loss or damage to the COMPONENTS passes to the BUYER upon receipt of the COMPONENTS. The BUYER will have to make the usual reserves and to communicate immediately to the company EKCESTOCK any damage noted with the reception of the COMPONENTS in order to allow the company EKCESTOCK to turn over against the CARRIER.

6.4 Acceptance

6.4.1 Checking delivery

At the time of delivery, the BUYER is required to check the goods delivered and to make any reservations with the carrier in the manner and within the time prescribed by Article L 133-3 of the new French Commercial Code, and to notify EKCESTOCK in writing.

6.4.2 Buyer's claim

The BUYER has a period of thirty (30) calendar days from receipt of the COMPONENTS in which to contest any non-conformity, whether relating to quantity or quality. Conformity is deemed to have been established if, within the aforementioned time period, the BUYER has not made a substantiated complaint in writing to EKCESTOCK.

EKCESTOCK will not be able to take into account any dispute formulated later and will not give rise to a follow-up in favor of the BUYER.

EKCESTOCK will analyze all complaints in detail and will respond to them as quickly as possible.

Dispute over the quantity of COMPONENTS

Upon receipt of the COMPONENTS, it is the BUYER’s responsibility to verify that the quantity delivered complies with the ORDER.

If this is not the case, the BUYER has forty-eight (48) hours from receipt of the ORDER to inform EKCESTOCK by e-mail at contact@ekce-stock.com.

After this period, the dispute will no longer be admissible by the company EKCESTOCK and can not be subject to any refund.

Dispute over the quality of COMPONENTS

The BUYER has a period of thirty (30) calendar days, from the date of receipt of the COMPONENTS, to formulate any complaint relating to the quality of the latter.

The BUYER’S complaint will be analysed by EKCESTOCK, if necessary in conjunction with the SELLER. Provided that the PARTIES act in good faith and provide all useful and necessary information and documents requested by EKCESTOCK acting as commission agent, the latter will send a report within a reasonable time to both PARTIES, SELLER and BUYER.

If the non-conformity is proved, two possibilities are offered to the BUYER who will have to notify it to the company EKCESTOCK:

  • The transaction is cancelled and a refund will be made by means of a credit note to the BUYER, the amount of which will be deducted from the price to be paid to the SELLER. The amount of the refund may not exceed the SALE PRICE of the COMPONENT. EKCESTOCK shall not be held liable in the absence of proven fault attributable to its intervention.
  • Either EKCESTOCK undertakes to replace the non-conforming COMPONENT with the same COMPONENT provided it is in stock.

Claims on damaged COMPONENTS

If the COMPONENTS are damaged in transit, the BUYER must inform EKCESTOCK by e-mail within forty-eight (48) hours of receipt of the COMPONENTS.

If the responsibility of EKCESTOCK is proven, two possibilities are available to the SELLER or to EKCESTOCK, which must notify the BUYER:

  • An exchange of the COMPONENT, identical to the damaged one, may be offered within the limits of available stock, or
  • The transaction will be cancelled and the BUYER will be offered a refund.

6.4.3 Return of COMPONENTS

No COMPONENT may be returned for exchange without the written agreement of EKCESTOCK following an investigation carried out by EKCESTOCK, and shipping costs shall be borne by the BUYER.

The COMPONENT may be returned only if it is in new condition and only if it is undamaged. EKCESTOCK will only take it back if it is in its original packaging.

The COMPONENT must be returned within forty-eight (48) hours. If this deadline is not met, the BUYER will not be entitled to any refund.

EKCESTOCK will refund the PURCHASER the SALE PRICE excluding LOGISTICS COSTS. Likewise, the risks associated with transport and the corresponding return delivery costs are borne by the BUYER.

Reimbursement will be made within fourteen (14) days of receipt of the COMPONENT, provided that the SELLER complies with the time limits for doing so. EKCESTOCK will send the BUYER an e-mail confirming this. In certain cases, the reimbursement period may be longer without EKCESTOCK being held liable, unless it is proven to be at fault.

6.4.4 Use of COMPONENTS by the BUYER

The BUYER is solely responsible for verifying the use of the COMPONENTS and their suitability for the intended purpose prior to any use. He must comply with the notices and instructions for use. Under no circumstances shall EKCESTOCK be held liable in this respect.

ARTICLE 7: FINANCIAL CONDITIONS

7.1 PLATFORM SUBSCRIPTION FEES

All USERS who open or have an ACCOUNT must pay EKCESTOCK an annual PLATFORM SUBSCRIPTION FEE, calculated according to a scale that varies according to the size of the company they represent.

Invoiced amounts include VAT at the applicable rate.

PLATFORM SUBSCRIPTION FEES must be paid by bank transfer to EKCESTOCK’s account when the ACCOUNT is opened, and then annually on the anniversary date of the ACCOUNT opening.

7.2 PURCHASE PRICE/SELLING PRICE of COMPONENTS and LOGISTICS COSTS

All BUYERS placing an ORDER must pay the SALE PRICE as displayed on the ADVERTISEMENT at the time the ORDER is finalized (acceptance of the ORDER by EKCESTOCK) as well as the SHIPPING COSTS indicated by EKCESTOCK on a case-by-case basis depending on the location and the volume of COMPONENTS ordered.

7.3 SALES COMMISSION

EKCESTOCK receives a COMMISSION on all SALES made on the PLATFORM thanks to the SERVICE it offers the SELLER when acting as a commission agent. This COMMISSION is fixed as a percentage of the SALE PRICE before tax and is indicated on the SALE AGREEMENT.

7.4 Billing terms

EKCESTOCK issues invoices for the sale of COMPONENTS to BUYERS in its own name and on behalf of SELLERS when acting as a commission agent, or in its own name and on its own behalf when acting as a buyer-reseller.

EKCESTOCK invoices LOGISTICS COSTS to BUYERS; EKCESTOCK invoices COMMISSIONS to SELLERS.

Invoices for the SALE of COMPONENTS are issued by EKCESTOCK to BUYERS.

Invoices are issued in accordance with current regulations, in particular article L 441-9 of the French Commercial Code.

7.5 Taxes and customs duties

Prices do not include taxes or customs duties. The payment of any applicable tax, duty or customs duty shall be the sole responsibility of SUBSCRIBER. If EKCESTOCK is required to pay any taxes or customs duties, they will be billed to the SUBSCRIBER concerned, who must reimburse them to EKCESTOCK.

Invoices are subject to the applicable VAT for transactions carried out in France.

7.6 Terms of payment

Invoices must be paid by bank transfer or credit card as indicated on the invoice. It is hereby agreed as follows:

If no payment platform is used :

payment by BUYERS :

The SALE PRICE and LOGISTICS CHARGES are payable in full immediately upon receipt of an invoice from EKCESTOCK.

Payment shall be made by bank transfer to the EKCESTOCK bank account indicated on the invoice issued when the ORDER is confirmed on the PLATFORM.

Payment to SELLERS :

The COMMISSION due to EKCESTOCK is payable by the SELLER to EKCESTOCK as soon as the BUYER has paid the SALE PRICE to EKCESTOCK on behalf of the SELLER.

EKCESTOCK generates payment of the SALE PRICE to the SELLER, after deduction of the COMMISSION, following receipt by EKCESTOCK of payment of the SALE PRICE by the BUYER plus a period expiring thirty (30) days following receipt of the COMPONENTS by the BUYER and verification by EKCESTOCK of their conformity to the ORDER FORM.

EKCESTOCK does not act as a trustee for the BUYER’s payments.

ARTICLE 8: RESPECTIVE OBLIGATIONS OF USERS, BUYERS, SELLERS AND EKCESTOCK

8.1 Obligations applicable to all USERS

When using the PLATFORM, each USER undertakes not to undermine public order, to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of the GCU.

USERS shall hold EKCESTOCK harmless against any claims arising from the foregoing provisions.

8.2 Obligations of all BUYERS and SELLERS

In addition to the obligations incumbent on all USERS, SUBSCRIBERS undertake to :

  • Update their ACCOUNT as often as necessary
  • To be honest and sincere in the information provided to EKCESTOCK (in particular as regards their legal and financial situation, the COMPONENTS available, their characteristics, their location).
  • Guarantee compliance with current standards, third-party rights and EKCESTOCK’s rights, and assume responsibility for all information and documents communicated to EKCESTOCK.
  • Obtain any rights and authorizations that may be required for the sale or purchase of COMPONENTS.
  • To use the PLATFORM, the SERVICE and its ACCOUNT in accordance with the purpose described in these GTC and not to divert the purpose of the PLATFORM, the SERVICE and the ACCOUNT to commit crimes, offences or contraventions punishable by French or European law.
  • Refrain from disseminating information that is defamatory, insulting, denigrating or slanderous, damaging to the reputation of SELLERS or BUYERS and to the human dignity of their representatives and employees.
  • Do not attempt to divert USERS, SELLERS or BUYERS to another site or competing service.
  • Not to attempt to undermine the automated data processing systems used to put the PLATFORM and SERVICE online and maintain them, in particular as defined in articles 323-1 et seq. of the French Penal Code.

USERS shall hold EKCESTOCK harmless against any claims arising from the foregoing provisions.

8.4 Specific obligations of SELLERS

In addition to the above obligations, SELLERS offering the SALE of COMPONENTS undertake to meet the following conditions:

  • Certify that the information provided by COMPONENTS is accurate and timely for the posting of ADVERTISEMENTS on the PLATFORM.
  • To make available the COMPONENTS that have been the subject of a SALE in good time and in the appropriate conditions for their delivery by EKCESTOCK.
  • Be covered by a valid professional liability insurance policy covering damages that may result from the sale of COMPONENTS.

8.4 Obligations specific to BUYERS

In addition to the above obligations, each PURCHASER wishing to place an ORDER:

  • agrees to pay the SALE PRICE and LOGISTICS COSTS on time
  • declares and undertakes to take delivery of the ordered COMPONENTS and to check their conformity with the ORDER within the stipulated deadlines
  • declares that it is covered by its insurance company for any dispute relating to the COMPONENTS

8.5 EKCESTOCK's obligations

In addition to its other obligations, EKCESTOCK undertakes to correct any errors relating to the PLATFORM and/or the SERVICE that are brought to its attention by e-mail sent to contact@ekce-stock.com.

Likewise, subject to its legal and regulatory obligations, in particular to respond to any administrative or judicial requisition, EKCESTOCK undertakes to delete (i) the details of a SUBSCRIBER identified on the SERVICE or the PLATFORM or (ii) an ACCOUNT upon simple request by the Customer following the sending of an e-mail to serviceclient@ekce-stock.fr, provided that no COMPONENT SALE or ORDER activity concerning the Customer is in progress.

ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS

9.1 EKCESTOCK's Intellectual Property Rights

EKCESTOCK is the exclusive owner of all intellectual property rights relating to the SITE, the PLATFORM and the SERVICE, without prejudice to the rights of any licensors.

Subject to compliance with these GCU, USERS have only a simple right to use the SITE and, for BUYERS and SELLERS, the PLATFORM and the SERVICE, to the exclusion of any property rights relating to the interface, content and presentation of the SITE. EKCESTOCK thus grants USERS a limited, non-exclusive, non-transferable, non-assignable and free right of use to consult the SITE and BUYERS and SELLERS to access the PLATFORM and the SERVICE, to upload their DATA and the elements intended for ADVERTISEMENTS.

USERS, BUYERS and SELLERS acknowledge that the SITE, the PLATFORM and the SERVICE are protected by copyright, trademark law, database law and other applicable intellectual property rights. The use of the PLATFORM and the SERVICE does not confer upon USERS, including BUYERS, SELLERS, any intellectual property rights on any element whatsoever of the said PLATFORM, the WEBSITE or the SERVICE, whether it be software and technical tools made available by EKCESTOCK or protected elements appearing on the WEBSITE, the PLATFORM and the SERVICE (texts, images, trademarks, characters, drawings, etc.).
and models, logos, databases…) which remain the property of EKCESTOCK.

USERS, including BUYERS, SELLERS agree not to remove, alter or obscure any copyright, trademark or other proprietary notices contained on the SITE and/or PLATFORM and/or SERVICE.

USERS, BUYERS and SELLERS also agree not to reproduce, represent, distribute, market, modify or license all or part of any of the elements of the SITE, the PLATFORM and/or the SERVICE, in any manner whatsoever, without the express prior written consent of EKCESTOCK. Any other use may result in prosecution.

Nothing in these GCU authorizes USERS, including BUYERS, SELLERS to: (I) copy, modify or create derivative works from the SITE, the PLATFORM and/or the SERVICE; (II) distribute, transfer, assign, license, lend or lease them to a third party; or (III) decompile or disassemble them.

Any use of the SITE, the PLATFORM and/or the SERVICE that does not comply with these GTC shall automatically result in immediate termination of this authorization and shall entail a definitive ban on using the SITE, the PLATFORM and the SERVICE for any purpose whatsoever, without prejudice to EKCESTOCK’s right to take legal action in the event of infringement of its intellectual property rights, in particular as a result of the usurpation, imitation or counterfeiting in any way whatsoever of its logo and any other creative elements (illustrations, photographs, etc.).).

9.2 SELLERS' Intellectual Property Rights

The rights to the images, photographs, illustrations and texts transmitted to EKCESTOCK by SELLERS and liable to protection under Intellectual Property rights are the property of their authors, who guarantee EKCESTOCK against any recourse. It is up to them to check that by entrusting them to EKCESTOCK for publication on the PLATFORM, they are not infringing any third-party intellectual property rights or any third-party proprietary rights (such as image rights, in particular). Insofar as they are protected or likely to be protected by any intellectual property right or other private right (such as image rights), SELLERS sending ADVERTISEMENTS to EKCESTOCK ipso facto grant EKCESTOCK the right to use them on the PLATFORM and the SERVICE for as long as the said ADVERTISEMENTS are online.

USERS and, in particular, SUBSCRIBERS agree not to use, display, copy or reuse the SITE, PLATFORM and/or SERVICE, or any individual element thereof, the “EKCESTOCK” trademark or the name “EKCESTOCK” and, more generally, any trademark, logo, illustration or other information belonging to EKCESTOCK, as well as the layout and design of any page or any form contained in a page, without the express prior written consent of EKCESTOCK.

9.3 SELLERS' warranty of eviction on COMPONENTS

The SELLERS guarantee EKCESTOCK and the BUYERS against any infringement of the intellectual property and private rights of third parties concerning the COMPONENTS. They undertake to indemnify EKCESTOCK and/or the BUYERS against any action or claim by third parties in this regard.

ARTICLE 10 - PROTECTION OF PERSONAL DATA

10.1 General information on the processing of personal data by EKCESTOCK

10.2 Processing performed

EKCESTOCK processes the following personal data in connection with the PLATFORM and SERVICE:

  • USER management
  • SELLER management
  • BUYER management
  • SALES management
  • management of transport and delivery of COMPONENTS
  • cookie management on the PLATFORM

10.3 Collection methods

EKCESTOCK may also use cookies to obtain information about USERS or to improve the functionality of the PLATFORM. If the USER does not wish his/her personal data to be collected via cookies, he/she can deactivate cookies in his/her browser. This operation may, however, affect the performance and functionality of its navigation on the PLATFORM.
EKCESTOCK collects data in two ways:

  • By direct input of data communicated by USERS when they make contact, create an ACCOUNT, submit an ADVERTISEMENT or place an ORDER, use e-mail, leave COMMENTS on the PLATFORM when they access the PLATFORM on the SITE or the APPLICATION, when they browse the PLATFORM or use the SERVICE. USERS hereby give their free, specific, informed and unequivocal consent to communicate said information to EKCESTOCK ;
  • By the use that USERS make of the PLATFORM and SUBSCRIBERS of the SERVICE (their IP address, the references of their connection to the PLATFORM, to the SERVICE, their navigation, the name of the operating system used, the language, the GPS functionality or any other information automatically disclosed by the computer terminal or smartphone used).

More specifically:

When the USER accesses the PLATFORM

In this respect, EKCESTOCK does not collect or store any personal data from USERS browsing the SITE if they refuse cookies and do not contact EKCESTOCK via the contact form.

If you accept cookies, please refer to the corresponding section.

If the user fills in a contact form, the following data will be collected by EKCESTOCK: first name, last name, e-mail address, subject of message, content of message. This personal data will be used to process the message, reply to the USER and will be kept by EKCESTOCK for one year without EKCESTOCK using it for any purpose other than keeping a secure record of the USER’s message and meeting its legal and regulatory obligations.

When the USER wishes to open an ACCOUNT, access the PLATFORM and subscribe to the SERVICE, he/she is invited to provide personal data by completing an ACCOUNT opening form which indicates which personal data are required.

EKCESTOCK collects the following personal data from USERS who wish to become SUBSCRIBERS: e-mail address, first name, last name, company, job title, password (created by the USER).

The USER may choose not to provide the personal data requested, but this may limit access to the SERVICE, in particular for the SALE of COMPONENTS or the placing of ORDERS.

When the SUBSCRIBER uses the SERVICE, he/she is invited to provide further information, either as a SELLER or as a BUYER, and to communicate additional personal data.

10. 4 Purpose of data collection

All data collected by EKCESTOCK is used for a specific and legitimate purpose. Depending on the case, this may involve :

  • facilitate the USER’s navigation on the SITE,
  • enable the USER to use and navigate the PLATFORM in an optimal manner
  • subscribe the USER to a newsletter about the services offered by EKCESTOCK,
  • allow the USER to open an ACCOUNT to become a SUBSCRIBER
  • enable a SELLER and a BUYER to make SALES or ORDER COMPONENTS (it should be noted that payment data is not stored by EKCESTOCK but by an online payment service provider when payment is made via an online payment platform).
  • in order to operate, protect and improve the SERVICE,
  • to analyze and disseminate COMMENTS after the event,
  • in order to enable EKCESTOCK to meet its legal obligations, resolve disputes and ensure compliance with the commitments of each party, and respond to requests from USERS and SUBSCRIBERS.
  • if necessary, to comply with applicable law or any other legal obligation,

Personal data collected on the PLATFORM and as part of the SERVICE will, as a matter of principle, be used by EKCESTOCK for the stated purpose.

10.5 Data retention period

Personal data is kept for the time necessary to fulfil the stated purpose. The retention period for this data is, in principle, one year from the closure of the ACCOUNT for SUBSCRIBER personal data, unless a longer period is required under French tax and criminal law. In the event of inaction on an ACCOUNT for a period of three years (and in the absence of prior closure of the ACCOUNT by the SUBSCRIBER), personal data relating to the SUBSCRIBER will be deleted.

10.6 Transfer of data outside the European Union

No international transfer of data to countries outside the European Union is implemented unless previously authorized by way of a decision of the competent authority that the third country ensures an adequate level of protection, within the meaning of the provisions of Article 40 of Regulation EU 2016/679

In its capacity as data controller, EKCESTOCK undertakes to protect the USER’s personal data in accordance with the legislation in force within the European Union.

10.7 Technical and organizational measures

EKCESTOCK undertakes to implement appropriate technical and organizational measures, proportionate to the nature, scope, context and purposes of the processing.

The processing of personal data collected on the SERVICE has been subject to internal measures designed to ensure compliance with the General Data Protection Regulation, through the implementation of appropriate technical and organizational measures to ensure data security and confidentiality.

10.8 Data storage and security

In its capacity as data controller, EKCESTOCK is responsible for the storage and security of the personal data of USERS and SUBSCRIBERS.

In this respect, EKCESTOCK uses the services of subcontractors who are also required to comply with applicable legislation and regulations on the protection of personal data. EKCESTOCK uses the services of o2switch.fr (hosting provider) and Webisinther (IT service provider) to ensure the security of the PLATFORM and the transactions carried out on it.

10.9 Procedure in the event of failure

Any violation of personal data of which EKCESTOCK becomes aware and which is likely to pose a risk to the rights and freedoms of natural persons shall be notified within forty-eight (48) hours to the competent supervisory authority (Commission Nationale Informatique & Libertés) and to the USER concerned.

10.10 USER (and SUBSCRIBER) rights

All USERS have the right to obtain confirmation from EKCESTOCK as to whether or not their personal data is being processed.

In the event of a positive response, the data subject may request access to the personal data being processed and receive a copy of said data, as well as information on the processing carried out (purposes, categories of data, data recipients, retention period, etc.).

All USERS have the right to request that their personal data be corrected, completed or deleted, as appropriate. In some cases, data processing may be restricted instead of erased. Any USER may, under the same conditions, request the portability of personal data collected by EKCESTOCK.

However, where requests for information are manifestly unfounded or excessive, in particular due to their repetitive nature within the meaning of Article 12-5 of Regulation EU 2016/679, the data controller may refuse to comply with the request and/or demand payment of the administrative costs inherent in the request.

The data controller has a response period of 1 (one) month from the date of receipt of the request, which must be accompanied by proof of the USER’s identity. If the request is incomplete, the data controller is entitled to request additional information: the deadline is then suspended until receipt of this information.

Finally, any USER may object at any time, for any reason whatsoever, to the processing of his or her personal data. In this case, the data will no longer be processed.

The USER has the right to request the limitation of the processing of his or her data by the site, without EKCESTOCK being able to refuse, unless it can demonstrate the existence of legitimate and compelling reasons, which may prevail over the interests and rights and freedoms of the USER.

Any request for access, rectification, supplementation, portability or deletion of the USER’s personal data may be made at any time and must be sent in writing, with the applicant’s contact details and a copy of an identity document, by e-mail to the following address: serviceclients@ekce-stock.fr or by post to the following address: EKCESTOCK, 41 C Route de Chatou – 78420 Carrières-sur- Seine.

Under all circumstances and at any time, USERS retain the right to object a posteriori to the processing of their personal data by expressing their refusal by e-mail to the above addresses, or by using the dedicated automatic function present in each e-mail sent by EKCESTOCK.

EKCESTOCK informs USERS that they have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), 3, place de Fontenoy, TSA 80715 – 75334 Paris Cedex 07.

ARTICLE 11 - USER AND SUBSCRIBER WARRANTIES

USERS and SUBSCRIBERS warrant that they will at all times comply with these GTUs and the legal and regulatory provisions applicable to them.

They guarantee that they will not use the PLATFORM or the SERVICE for purposes other than professional, in any way whatsoever.

They guarantee that they will not directly or indirectly infringe the rights of other USERS, other SUBSCRIBERS and, more generally, third parties, as well as the rights of EKCESTOCK, in particular its image, its rights and tangible and intangible assets, in particular the PLATFORM, the SERVICE and the systems that support them.

SUBSCRIBERS, and in particular SELLERS, further warrant that they shall not provide EKCESTOCK with any information that is misleading, erroneous or likely to mislead USERS, and in particular potential BUYERS, and that they shall be responsible for obtaining any authorizations, rights and payment of any fees and royalties due, where applicable, in respect of the elements transmitted to EKCESTOCK for the purpose of producing COMPONENT SALE ADVERTISEMENTS. In particular, they guarantee that, where applicable, they are regularly authorized to communicate lists of references, the names of manufacturers, photographs representing persons and protected goods, where applicable, with a view to their insertion in the ADVERTISEMENTS and their publication by EKCESTOCK on the PLATFORM.

They guarantee the company EKCESTOCK against any recourse in this regard.

SELLERS are bound by the legal warranty of conformity applicable to COMPONENTS as mentioned in articles L 217-4 et seq. of the French Consumer Code and by the warranty of latent defects as mentioned in articles 1641 et seq. of the French Civil Code.

ARTICLE 12 - EKCESTOCK WARRANTY

EKCESTOCK does not grant any warranty on the COMPONENTS (available stock, quality, quantity, etc.) other than that owed by the SELLER on whose behalf it acts as commission agent.

EKCESTOCK makes no warranty of any kind, express or implied, with respect to the COMPONENTS sold to the BUYER as is.

SUBJECT TO MANDATORY LEGAL WARRANTIES (WARRANTY AGAINST DEFECTS), THE PLATFORM AND THE SERVICE AS WELL AS THE COMPONENTS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY, IN PARTICULAR AS TO THE RELIABILITY OF THE CONTENT, SUITABILITY FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR EVICTION.

ARTICLE 13 - USER AND SUBSCRIBER LIABILITY

The USER (including the SUBSCRIBER) is solely responsible for his use of the PLATFORM, the SERVICE and the tools made available by EKCESTOCK (in particular the SITE, the PLATFORM and the SERVICE). This means that the USER (and in particular the SUBSCRIBER) is solely and exclusively responsible for the manner in which he/she uses the PLATFORM and the SERVICE and for the manner in which he/she commits him/herself towards other USERS and EKCESTOCK, in particular in connection with the SALE of COMPONENTS. By way of background, article 1240 of the French Civil Code stipulates that: “Any act whatsoever by man which causes damage to another person, obliges the person through whose fault it occurred to repair it”.

Furthermore, SUBSCRIBERS are informed of the consequences of non-compliance with their contractual obligations under the terms of articles 1101 et seq. of the French Civil Code.

https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000032006712/#LEGISCTA000032006712

ARTICLE 14: EKCESTOCK'S LIABILITY

14.1 Technical responsibility

EKCESTOCK is a technical intermediary.

In this respect, EKCESTOCK undertakes to make its best efforts to secure access and ensure continuity of access and use of the PLATFORM, 7 days a week and 24 hours a day, except in cases of force majeure or the occurrence of an event beyond the control of EKCESTOCK and subject to any breakdowns and maintenance operations necessary for the proper functioning of the PLATFORM. However, EKCESTOCK cannot be held responsible for any interruption of all or part of the PLATFORM, whatever the cause, duration or frequency.

EKCESTOCK SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM, SITE, PLATFORM OR SERVICE FAILURES OR INABILITY TO USE THE PLATFORM OR SERVICE.

14.2 Limited liability as an intermediary platform

EKCESTOCK is an intermediary for the SALE of COMPONENTS by SELLERS and the purchase of COMPONENTS by BUYERS.

The EKCESTOCK company provides a PLATFORM enabling USERS who wish to do so to become SUBSCRIBERS by paying SUBSCRIPTION FEES, and its SUBSCRIBERS to offer for SALE or purchase COMPONENTS using the SERVICE on which USERS register, SELLERS may place ADVERTISEMENTS through EKCESTOCK and BUYERS may choose to subscribe to the purchase of one or more COMPONENT(S) in return for payment of a SALE PRICE and LOGISTICS FEES.

In accordance with the provisions of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, as amended, EKCESTOCK undertakes to promptly remove any manifestly illegal content (ADVERTISEMENT) notified to it as soon as it becomes aware of such content.

EKCESTOCK declines all responsibility for the existence of the stock of COMPONENTS declared by the SELLER, and for the quantity and quality of the COMPONENTS offered for SALE.

EKCESTOCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING OUT OF TRANSACTIONS CONDUCTED THROUGH THE PLATFORM AND SERVICE AND FOR WHICH EKCESTOCK IS NOT AT FAULT.

EKCESTOCK’s liability is limited to the SALE PRICE paid for the COMPONENT in the event that it is held liable.

14.3 Limited liability of EKCESTOCK as purchaser-reseller of COMPONENTS

EKCESTOCK declines all responsibility, express or implied, for COMPONENTS sold as is.

In the event that EKCESTOCK’s liability is recognized, it will be limited to the SALE PRICE paid for the COMPONENT.

14.4 EKCESTOCK is not responsible for the content of sites to which links are provided.

The PLATFORM or the SERVICE may contain links to third-party websites. These links are provided without warranty of any kind. EKCESTOCK is not responsible for the content of these websites. The USER assumes all risks resulting from its use of third-party websites.

ARTICLE 15 - EXCLUSION OF A USER, SUBSCRIBER AND/OR REMOVAL OF AN AD FOR NON-COMPLIANCE WITH THE GGU

EKCESTOCK may terminate a USER’s access to and use of the PLATFORM and a SUBSCRIBER’s access to and use of the SERVICE, at its sole discretion, at any time and without notice if the USER or SUBSCRIBER fails to comply with these TOU.

In the event of non-compliance with these GCU or any other unlawful act, EKCESTOCK is entitled to immediately and without prior notice remove from the PLATFORM and SERVICE the ADVERTISEMENTS and disputed content and/or delete or suspend a SUBSCRIBER’s ACCOUNT and take any other appropriate action against him/her.

ARTICLE 16 - INSURANCE

Both SELLERS and BUYERS declare that they have taken out and undertake to maintain in force, for the entire duration of their use of the SERVICE, all insurance policies with reputable companies covering the consequences of civil liability (operating and professional) which may be incurred by them as a result of any damage, and in particular bodily injury, material damage and consequential loss caused in the performance of the Contracts (SALE of COMPONENTS for SELLERS or ORDER of COMPONENTS for BUYERS).

ARTICLE 17- FORCE MAJEURE

EKCESTOCK may not be held liable in the event of force majeure as defined in article 1218 of the French Civil Code. Any malfunction of the telecommunications networks (particularly the Internet) is considered to be a case of force majeure. USERS are informed of the hazards inherent in modern telecommunications networks, in particular the possibility of various breakdowns. EKCESTOCK cannot be held liable in this respect.

ARTICLE 18 - ANTI-CORRUPTION

USERS, and more particularly SUBSCRIBERS, SELLERS or BUYERS, undertake to comply with all laws and regulations concerning the fight against corruption and illicit imports and exports. They undertake to comply with all regulations applicable to the import, export and transport of COMPONENTS and, in particular, to make all required declarations. USERS are informed that, for their part, EKCESTOCK employees are not authorized to accept or solicit gifts, loans, excessive entertainment or other substantial favors from another company. Any breach of the above obligations will be prosecuted and will result in the immediate cessation of access and transactions, including the definitive closure of the offender’s ACCOUNT.

ARTICLE 19 - CONFIDENTIALITY

USERS and SUBSCRIBERS may come into possession of EKCESTOCK’s confidential information through their use of the PLATFORM and the SERVICE.

They undertake to keep this information confidential and to take all necessary measures to prevent its disclosure or unauthorized use, in the same way as for their own confidential information, throughout the duration of the CONTRACT and five (5) years after its termination.

ARTICLE 20 - NOTIFICATIONS

Any notification provided for in these GCU shall be made by simple e-mail to the following address contact@ekce-stock.com, which is formally accepted by the USERS (including SUBSCRIBERS) or by registered letter with acknowledgement of receipt, or by electronic registered letter sent to the EKCESTOCK head office.

ARTICLE 21 - DISPUTE RESOLUTION

These GCU and any action relating to them shall be governed by French law, which under Article 17 of Law No. 2004-575 of June 21, 2004 is the law of the country of origin of the SERVICE offered by the company EKCESTOCK, and which shall prevail over any other national legislation.

Subject to any mandatory legal provisions of Public Order to the contrary, any dispute relating to these GTUs, the SPECIAL CONDITIONS and the CONTRACTS shall fall within the exclusive jurisdiction of the materially competent Courts of Versailles, in particular by virtue of the place of formation of the CONTRACT within the jurisdiction of the registered office of EKCESTOCK. In fact, by accepting these GCU, this place of formation of the CONTRACT is characteristic of the link with the courts of Versailles.

The USER who is not a French resident or established in France and who has opened an ACCOUNT and contracted on the SERVICE accessible on the PLATFORM, will have to demonstrate, in order to obtain from the judge the application of his own law, that French law is less favorable than that of his country.

Prior to any legal action, and except in the case of specific provisions of Public Order, any disputes that may arise in connection with the performance of these GTUs must be submitted to EKCESTOCK for amicable settlement either by e-mail to the following address contact@ekce-stock.comor by post to the company’s head office.

If a claim is unsuccessful or if EKCESTOCK fails to respond within two (2) months, USERS established in the European Union will have the option of submitting the dispute to a mediator by connecting to the European online dispute resolution platform accessible via the following link: https://ec.europa.eu.

USERS (including SUBSCRIBERS) established in FRANCE shall have the option of submitting the dispute to mediation by contacting the Association Nationale des Médiateurs (ANM) either by post by writing to 62 rue Tiquetonne, 75002 PARIS or by e-mail by completing the online referral form at the following address : www.anm-conso.com

These provisions are formally accepted by PLATEFORM USERS and SUBSCRIBERS using the SERVICE, prior to any registration and opening of an ACCOUNT.

ARTICLE 22 - ELECTRONIC SIGNATURE

In accordance with Article 1367 of the French Civil Code, USERS’ acceptance of these GCU is effected by electronic signature through the service provider DOCUSIGN (contact details to be added later), as described in the electronic signature certificate provided to the User. Users hereby acknowledge that this writing constitutes the original of the document and that it will be drawn up and kept by EKCESTOCK and by the USER in such conditions as to enable its signatories to be duly identified and to guarantee its integrity. They thus acknowledge that the signature process used by the service provider ensures the identity of the signatories and guarantees the integrity of the Contract, which is made up of the GCU, the Special Terms and Conditions (SALES FORM and ORDER FORM) and its appendices. The signatory Users therefore definitively and irrevocably waive their right to contest the validity and content of the Contract thus concluded for any reason related to the use of this process.

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