Preamble

the translations are provided for information only : only the general conditions of use written in French are valid

By using our site Mindhu.com, you agree to accept all our rules of use and sale hereunder unconditionally. You certify that you are of full age, in full possession of your means and entitled to use all or part of the site and the related services. The website Mindhu.com is published and managed by Yvan Besnard as representative and founder of the platform. Any service entrusted to it is subject to the full acceptance of these general conditions which define the conditions of use of the services available on the site. The manager of this site reserves the right to make changes to these general conditions at any time without notice or right to indemnity of any kind whatsoever. Each new version will come into force as of the date of its publication online on the site.

 

1 Definitions

1.1 "Platform": means the functional and organizational structure set up by MINDHU.COM to manage the relationship between Sellers and Product Buyers, accessible through the website. The Platform includes all the Services offered on the site.

1.2 "Site": means the website accessible at mindhu.com or www.Mindhu.com (or any other address (es) and name (s) that may be substituted for them ( s)). The Site is part of the Platform.

 
1.3 "Content (s)": means any content, regardless of the form and content, published or not by a user on the MINDHU.COM website, using the tools and services offered by the site or a third party.

1.4 "Vendor (s)": means any person or institution that offers a commercial product or service offer to users of the site and / or the MINDHU.COM platform.

1.5 "User (s)": means any person visiting the site MINDHU.COM, whether registered or not and using or not the services made available to him.

1.6 "Status": represents the type of access to the MINDHU.COM site and / or its services; Any "User" may become a "Member", "Buyer" and / or "Seller" according to the rules herein and their unconditional acceptance.

 

2 OBLIGATIONS OF MINDHU.COM

2.1 The Mindhu.com platform offers to lease the web space for its users who wish to put their content online in line with these general conditions of use and the laws in force in the country of the platform or Laws in the countries of the users, using the tools available to its users allowing them to store this information.

2.2 MINDHU.COM on the one hand and the user on the other hand are independent parties, regardless of the status within the website or the platform, each acting on its own behalf and for its own account. Except as otherwise provided in these Terms and Conditions, these Terms and Conditions do not create any relationship of subordination, mandate, joint venture, joint venture, employer / employee relationship or franchisor / franchisee between MINDHU.COM and each User.

2.3 MINDHU.COM does not intervene in any way in the transactions between Users, who decide alone, and in their own discretion, the conclusion of contracts of sale through the Platform. They thereby commit their respective responsibilities. Consequently, MINDHU.COM and its representative can not guarantee the contents of the contents, the conformity of the product nor the purchase or sale, nor delivery nor return, and can under no circumstances be held responsible for transactions , Regardless of form or background, place and time.

2.4 MINDHU.COM not owning the contents offered on its site and having no control of its contents, each User releases MINDHU.COM (as well as any company of the group, corporate officers, officers, agents and employees, representing ) From and against any and all claims, disputes and / or disputes between Users, and / or any present or future damages, whether suspected or not, found or not, directly or indirectly resulting from such claim, dispute and / or Such dispute, irrespective of its form or content, place or time.

2.5 MINDHU.COM may use the content on the site and the platform as part of promotion and advertising in order to develop visitors to the site and the platform, to find affiliates and sponsors for its development, In any way whatsoever and in any form whatsoever.

2.6 Each user undertakes to bear all the consequences and to indemnify MINDHU.COM in the event of action by a third party against him if the action is based, or causes any Content provided by him on the Platform. MINDHU.COM reserves the right, without compensation, notification or notice, to modify or delete in its sole discretion any Content that violates any of the provisions of the General Conditions and / or laws in force, as well as to suspend, To close or delete the user's account.

2.7 Although MINDHU.COM wishes to maintain its services to the best of its ability, any user acknowledges by these general terms and conditions that the interruption or denial of the services of the platform or / and the site may be caused by facts or / And independent acts of MINDHU.COM and its representative. As a result, any user understands that the Services are provided "as is" and without warranty of any kind (express or implied) releases MINDHU.COM from any liability for completeness, continuity or Interruption of his services, whatever the substance and form, time or place. We expressly disclaim any and all liability for any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any warranties of merchantability, fitness for a particular purpose or use of the trade .

2.8 neither MINDHU.COM nor its employees or directors shall be liable to any user or third party for any loss of profits or income or any consequential, incidental, consequential, special or punitive damages arising therefrom Or in connection with the Services or these Terms. The total liability of MINDHU.COM related to any damages will not exceed the amount you paid during the months of the current year.

2.9 Any user acknowledges MINDHU.COM and / or his representative the right to organize and enforce his rights in his sole discretion and in the most appropriate way to defend his rights. If MINDHU.com and / or its representative are involved in a legal action directly or indirectly, by a user, whatever form or substance it may be, the latter undertakes to guarantee all Costs of legal protection, penalties and financial convictions, as well as any sum that can be claimed at MINDHU.COM.

 

3 USER OBLIGATIONS


3.1 Any User hereby agrees to abide by the General Conditions of Use without reservation. The use of the platform and services is only permitted to legal entities and natural persons over 16 years of age who have the capacity to perform legal acts, provided that the minors have obtained the authorization Prior to their legal representative, who therefore has legal responsibility for the activities related to this user via our platform.

3.2 Any user, regardless of their status, undertakes to provide and update accurate and complete content and any other data necessary for the use and maintenance of the Platform. Each Member also undertakes to update its account and promptly make changes to its information. Each Member shall be solely responsible for the consequences that may result from providing false, invalid or erroneous information to MINDHU.COM and / or to another User.

3.3 The registration and login information is strictly personal and the user undertakes to maintain confidentiality and never give access to his / her account to a third party. In the event of account spoofing and fraudulent use of this account, the member agrees to inform MINDHU.COM without delay by the contact form.

3.4 Any user, whatever his / her status, is prohibited from registering as a user name all or part of a link URL, address or other domain name pointing to an external site, undertakes not to register under A user name infringing the rights of a third party. In particular, the Member will not use a user name infringing the copyright, trademark, corporate name or sign of a third party or another Member, or a user name or pseudo visually or phonetically Close to the username or nickname of another Member.

3.5 Each Member Account being personal, each User agrees to create and use only one Member account. Any deviation from this rule shall be the object of an explicit request from the Member and an express and specific authorization MINDHU.COM. The creation or use of multiple accounts under its own identity or that of third parties may result in the immediate suspension and / or closure of the accounts of the Member and all associated services without notice.

3.6 The user has an obligation to act in good faith and with respect in his relations with MINDHU.COM and other users. In the event that a User or Member finds a violation of the authorized contents, he undertakes to immediately inform MINDHU.COM by the contact form. It also has a tool on the site to denounce any illegal content. Each user agrees to use the Site and to provide Content on the Site in compliance with these General Conditions and the laws and / or regulations in force. Each user is solely responsible for his or her Content, and forbids himself or herself from providing any Content or more generally to perform any act or action, on all or part of the Platform

(I) infringing copyrights, patents, trademarks, designs, trade secrets, the right of disclosure and / or the privacy of third parties;


    (Ii) defamatory, abusive, disparaging and / or libelous;


    (Iii) discriminatory and / or inciting racial, religious or ethnic violence or hatred;


    (Iv) obscene and / or pedophile;


    (V) liable to be deemed to be misappropriation, fraud, breach of trust or other legal infringement;


    (Vi) for the purpose of obtaining or attempting to obtain the transfer of sums of money without there being in return the delivery of a Product in conformity with these General Conditions of equivalent value to the sums requested;


    (Vii) likely to damage any computer system or to smuggle any personal data or information;


    (Viii) engaging or liable to incur the liability of MINDHU.COM and / or its representative, or which results in MINDHU losing the benefit of all or part of the services of the service providers and in particular of its Internet service providers, Payment service providers and / or storage providers;


    (Ix) likely to affect the image and / or reputation of MINDHU.COM and / or its representative or the Platform and / or constitute acts of unfair or parasitic competition with respect to MINDHU.COM , Any other Member and / or third parties;


    (X) in order to divert or attempt to divert all or part of the Buyers or to induce all or part of the Buyers not to buy or not to buy on the platform or on any of the virtual shops present on the Site or the platform ;


    (Xi) potentially unfair, prejudicial, anti-commercial or harmful to MINDHU.COM, the Platform, any Member and / or any third party;


    (X) incorrect or misleading;


    (Xi) that violates or is likely to violate any applicable law or regulation and / or any contractual term binding the Member.

3.6 By communicating Content through the Site, the User grants to MINDHU.COM a non-exclusive, non-transferable, sublicensable license, free of charge, worldwide, and for the duration of the " Registration of the user. It authorizes MINDHU.COM and its representative to use at its convenience the contents submitted, all or part, on the Site and on any other media and by any means, without any limitation for internal and external purposes, storage, communication, Promotion, public relations partnerships or sponsors. Any use of its Content by MINDHU.COM prior to its unsubscription, the deletion or the closing of its account or the termination of these General Conditions can not be questioned by the user.

3.7 The User acknowledges that his Content may be viewed on the Site by any User who may access his Profile and follow his activity. By communicating Content through the Site, the User also grants directly to any User a non-exclusive, personal, non-transferable, non-sublicensable license for the entire world, User registration, reproduce and represent the Content for private, non-commercial purposes.

3.8 Each user undertakes to bear all the consequences and to indemnify MINDHU.COM in the event of action by a third party against him if this action is caused by, based on or originates any Content provided by him on the Platform . MINDHU.COM reserves the right, without compensation, notification or notice, to modify or remove any Content that violates any of the provisions of the General Terms and Conditions, as well as to suspend, terminate or delete the account of the Company, user.

 

4 OBLIGATIONS OF THE SELLER

4.1 The interest of MINDHU.COM is clear: to allow the Sellers to develop their activity and sell their products using its services made available. The products offered for sale on the platform must be exclusively original creations made in a small-scale artisanal way.

4.2 Any seller hereby acknowledges that he is above all a user and that he complies with all the general conditions of use of a user. Its status as a salesperson implies that it complies with additional conditions and the laws in progress.

4.3 MINDHU.COM draws the Seller's attention to the absolute necessity for the Seller placing a Product on the market and especially for sale on the Platform to ensure that this Product is strictly in conformity with the laws, regulations and other regulations in force , From its production or manufacture until its purchase by the Purchaser. Consequently, the Seller undertakes to implement the necessary means to achieve this obligation of legal and regulatory compliance, in particular the setting up of self-checks at all stages of marketing and the justification at the request of the authorities Checks and inspections carried out. Each Seller is prohibited on the site to list and / or offer for sale Products:

    (I) not authorized by MINDHU.COM on this Site (see Prohibited Products).


    
(Ii) not corresponding or not exactly to a Product of the Seller actually available for purchase or offered for sale on a Site;


    
(Iii) which the Seller does not dispose of and which it is not in a position to deliver within the period specified in the bid;


    
(Iv) contrary or inconsistent with the laws and regulations in force, good morals or contrary to the contractual provisions, Fraudulent Products, Receipts or illegal importation, stolen and / or not in conformity with the current regulations relative To the protection of consumers,


    
(V) infringing the rights of a third party, counterfeit goods within the meaning of the provisions of the Intellectual Property Code, sold in violation of selective or exclusive distribution networks, products from which the seller does not have all rights To its marketing.


    
(Vi) not responding to the safety of persons and property and / or endangering them, causing health problems, injuring or killing them.

 

4.4 Following an alert by a Member or of its own fact, the finding of Contents prohibited on its Site, MINDHU.COM reserves without right the right to:

     (I) withdraw from Sale the said Prohibited Product or any Product contrary to these General Terms and Conditions;


     (Ii) block, suspend, terminate or cancel the Seller's account;


     (Iii) communicate to the competent authorities all information required concerning any offer to sell and / or any purchase of a Prohibited Product on a Site, including nominative information of the Members where appropriate, and / or cooperate with the competent authorities On their request.

4.5 Each Vendor agrees to:

    
(I) indicate the exact characteristics and actual qualities of each Product offered for sale on the Platform, availability, price of the Product (inclusive of all applicable taxes), shipping time (and where legally required, Delivery), delivery costs, providing all necessary and non-misleading information, labeling each Product in accordance with applicable laws and regulations;


    
(Ii) carry out all necessary controls and checks for the manufacture and marketing of the Product and provide all necessary information in the offer to sell each Product so that the offer is true and the Buyer does not Can not be misled. Each Seller is solely responsible for the supply of all the elements of the offer to sell a Product, in particular the description, the photos, the selling price, the shipping and delivery costs and delays;


    
(Iii) placing the Product on sale in the appropriate category of the Platform, the Seller being solely responsible for the choice of the category in which it refers to its Product, this listing can not under any circumstances be interpreted as a guarantee on the origin, Legal compliance or authenticity of this Product;


    
(Iv) comply with the quality of service requirements imposed by MINDHU on the Platform that is for the benefit of all.

 

4.6 Each Seller being responsible for its contents shall also be solely responsible to a Buyer, MINDHU.COM and the legislation in force, in case of damage caused by its Products or more generally of all consequences related to Offering and sale of its Products. Seller is acknowledged to be aware of the specific regulations applicable to the manufacture, marketing, sale and use of its products and to comply therewith. MINDHU.COM can not be held responsible in any way for the non-conformity and the putting on sale of a Product by the Seller not in conformity with the laws and regulations in force.

4.7 The Seller undertakes to guarantee the non-involvement of MINDHU.COM and its representative in the event of a complaint, action or complaint from a third party linked to the Product and / or the content which it has disseminated on the site , And to indemnify MINDHU.COM for all consequences related to the non-conformity of its Products with the laws and regulations in force. The Seller undertakes accordingly to assume direct responsibility for the payment of any sums, including any convictions, legal costs, lawyer's fees and other amounts that would be due in this respect (or to refund to MINDHU.COM At first request).

4.8 The Seller undertakes:

     (I) not to disclose the Buyer's confidential information to a third party.
     (Ii) not to use the Buyer's information to prospect it outside or on the platform by offering its products and services elsewhere than on the platform.
     (Iii) use the contact information and other information provided by the Purchaser only for the strict requirements of the execution of the order concerned and the related legal obligations and in accordance with these General Terms and Conditions.

4.9 The Vendor undertakes to maintain regularly its shop and to make it evolve. Any account that shows no activity for 6 months on the marketplace or on the social network will be suspended initially. Without any reaction on the part of the seller his account will be considered abandoned and definitively fenced. All of its contents will be deleted either on the social network or on the market place without being subject to a claim, any reimbursement or compensation from MINDHU.COM.

4.10 The Vendor whose behavior is likely to harm the image and / or reputation of MINDHU.COM and / or its users will be able to see its behavior sanctioned by the closing of its shop by MINDHU.COM in accordance with these Terms and Conditions , Without being liable for any claim, reimbursement or compensation, in particular in the event of repeated negative evaluations or consequent disputes with one or more Buyers.

4.11 Each Vendor must comply with all applicable laws and regulations regardless of its status. It guarantees that it holds all the rights necessary for the sale and any Product offered on the Platform and guarantees MINDHU.COM against any claim Regarding its status and / or the contents of an offer to sell a Product and / or the execution of the sale. In the event of default, the Seller shall indemnify MINDHU.COM for all consequences arising from the Seller's failure to fulfill any of its obligations as Seller

4.12 In the event of a dispute with a Seller, whatever the reasons, MINDHU.COM is not intended to intervene in the settlement of these disputes without departing from its prerogatives stipulated in the general conditions of use, Is to the parties to find a consensual agreement or failing to consult a lawyer. MINDHU.COM therefore reserves the right not to act on the complaint of a Seller or a user who would be addressed to him in this case, without incurring any liability in this respect.

4.13 Each Seller undertakes to bear all the consequences and to indemnify MINDHU.COM in the event of action by a third party against him if this action is caused by, based on or originates any Content provided by him on the Platform . MINDHU.COM reserves the right, without compensation, notice or notice, to modify or delete any Content that violates any of the provisions of the General Terms and Conditions, as well as to suspend, terminate or delete the seller's account.

4.14 The Seller will be obliged to propose to the Buyer the payment by credit card and PayPal account to allow payment by the Buyer in one go of all the Products purchased on several virtual shops of the same Site (single basket) and / Or when the amount of the Buyer's order is eligible for payment in 3 installments.

 5 PURCHASE PROCESS

 
5.1 MINDHU.COM does not intervene in any way in the transactions between Users, who decide alone, and in their own discretion, the conclusion of contracts of sale through the Platform. They thereby commit their respective responsibilities. Consequently, MINDHU.COM and its representative can not guarantee the contents of the contents, the conformity of the product nor the purchase or sale, nor the delivery nor the return, and can under no circumstances be held responsible for the transactions , Regardless of form or background, place and time.


5.2 The user undertakes to comply with all laws and regulations relating to the acquisition of goods of any kind, irrespective of his domicile. The User as buyer agrees to comply with all laws and regulations relating to content and comments that he may write on the social network, in accordance with our General Terms and Conditions of Use, Its domiciliation.

5.3 A user is obliged to inform himself of the conditions of sale of the shops where he orders products and in particular the rights of retraction or / and return. Under no circumstances can MINDHU.COM or its representative be held responsible for its lack of understanding or failure to respect the terms of sale issued by the vendor (s).

5.4 After choosing his / her Product (s), the user will have to verify the detail of his order, his price, if necessary, to fill in the information required to pay for the Product and to correct any Errors before confirming the order to express acceptance.

5.5 Once the Purchaser has placed an order for Products on the Platform, the Purchaser agrees that his / her name, surname and delivery address are communicated to the Seller for the purposes of ordering and delivery.

5.6 Orders made by Buyer are independent of each other and contractually bind the buyer to the seller. The fact that one or more Products ordered from one or more Sellers on the Platform are unavailable at the time of order or payment can not constitute a waiver of the entire order, 'Buyer being bound by the order of the other Product (s) available.

5.7 In case of problem with a product ordered, the user is obliged to find an arrangement with the seller within the limits of the legislation in force. If the problem was not resolved amicably, the parties should be advised by a lawyer. The two parties in conflict, undertake not to include MINDHU.COM and its representative in their various commercial and / or legal. Any order placed between a seller and a user will be deemed to have been fulfilled after the 30-day period without any complaint or confirmation of this order. Any evaluation of the seller and / or the product by the user implies that the transaction is perfect between the parties.

5.8 The sale is concluded between the user and the Seller as soon as the Buyer finalizes his order on the Site, provided, in the event of payment by credit card through the secure payment system CB set up by MINDHU .COM, confirmation by the Seller within 72 hours of the possibility of honoring the order. In this case, after this time the order will be automatically canceled and the User will be refunded.

5.9 A user who pays for his orders is obliged to use the payment system made available on the platform and the site. Otherwise, no claim or litigation can be filed on the platform and no recourse of compensation or refund can be requested.

5.10 MINDHU.COM has supported all payment processes at Paypal for you to benefit from their security and guarantees. We do not ask for any bank information on our site. Paypal allows you to pay in a totally secure way either with your credit card or with your paypal account. It will automatically convert the payment into your currency and will send you a copy of the invoice.

5.11 Every user guarantees MINDHU.COM and his representative against any complaint concerning the execution of the sale. In the event of a breach, Seller and / or User shall indemnify MINDHU.COM for all consequences arising from Seller's or User's breach of any of the User's obligations under the Terms and Conditions And the current legislation of the countries involved.

 6 BOUTIQUE RENTALS

6.1 MINDHU.COM proposes to host on its site your contents against a low rent and a reasonable commission which can be modified in its sole discretion, according to the developments and the activity of the platform and the site.

6.2 The seller is solely responsible for the contents that he proposes on his shop both in terms of content and form, and their placements in the categories of the site.

6.3 The payment of the commission is due on each actual sale. The payment of the rent is made on the 30th of the current month for the next month. Any month begun is due in its entirety without it being possible to claim a reduction or compensation.

6.4 Any seller may terminate his contract at any time in writing. His shop will be deactivated within 72 hours of his mail and verification (unless he disables himself) and all contents will be deleted on the 30th of the month in which his request was received.

6.5 Any vendor acknowledges that it is aware that the fees and charges requested by Paypal or any other means of payment for each transaction shall be borne by it.

7 PERSONAL DATA

7.1 The collection of personal data, their use for the processing of orders and the creation of customer files and their distribution to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.

7.2 The processing of personal data, which are retained by the publisher for the sole purpose of good administration of orders and commercial relations, is the subject of a declaration to the National Commission for Data Processing and Freedoms. The consumer has at all times a right of access, modification, rectification and deletion of the personal data concerning him.

8 Dispute Resolution

8.1 Any complaint must be addressed to the consumer service This email address is being protected from spambots. You need JavaScript enabled to view it.

8.2 If the complaint is unsuccessful with the consumer service or if the service is not replied to within two months, the parties agree to use mediation to try to find an amicable solution to their dispute And to seize justice only in the event of mediation failure.

8.3 For any dispute relating to the order form and these General Conditions of Use, the competent court will be that of the place of residence of the representative of MINDHU.COM.

You hereby acknowledge that you understand and respect all the general conditions of use, whatever your mother tongue or the country of domicile. I acknowledge having been warned that only the general conditions of use written in French are valid, the translations are provided for information only.