General Terms and Conditions of Use Buyers

These general terms and conditions of use for buyers (hereinafter the "General Terms and Conditions of Use for Buyers" or "GTCB") define the conditions under which the company ETIFAK, a simplified joint stock company, registered in the Mulhouse (FRANCE) Trade and Companies Register under number 919 078 113, whose registered office is located at 69 chemin du Klettenberg in Mulhouse (FR - 68100), France (hereinafter "ETIFAK") makes available to buyer customers (hereinafter the "Buyer") a marketplace via its Internet site www. etifak.com (hereinafter the "Marketplace").

The present GTCB are initially written in French but will be translated into several languages thereafter. In the event of a problem of interpretation, inconsistency or contradiction between the French version and the translated version, the French version shall prevail.

ARTICLE 1 – DEFINITIONS

ARTICLE 2 - OBJECT

The Marketplace is a connection service offered by ETIFAK, between Buyers and Sellers registered on the said Marketplace in order to allow the sale, rental or any other provision of Products and Services.

The present General Terms of Use for Buyers define the conditions under which ETIFAK makes available to them the technical and technological tools enabling them to buy, rent or obtain one or more samples of the Products and/or Services, as presented on the Marketplace by the Sellers.

These Buyer Terms and Conditions of Use are distinct from and complementary to the General Terms and Conditions of Sale and/or the General Conditions of Purchase which govern the relationship between Buyers and Sellers.

The Buyer's General Terms and Conditions of Use must be accepted by the Buyer to use the Marketplace services, by means of a validation when creating her/his User Account on the Marketplace and must be accepted again at each update.

ETIFAK acts as a technical intermediary, without ever acquiring the quality of Buyer or Seller of Product(s) or Service(s). The services that ETIFAK offers are limited to :

• the hosting of Product(s) and/or Service(s) catalogs which may include free or paying samples, including all the information enabling the Buyer to place her/his Order (description, photos, Price, stock in real time, delivery time...) ;
• the provision of technical means to enable Orders to be placed :
• order tracking ;
• communication between Buyers and Sellers (e.g. for possible personalized quotations, requests for additional information, calls for tenders, contract management...) ;
• consolidation of Orders and invoices (Dropshipping): this service allows Buyers to place several Orders with several different Sellers and to pay the totality of their Orders in one go to ETIFAK. ETIFAK will pay the Sellers without having acquired ownership of the Products or Services ordered ;
• the possibility for the Buyer to receive her/his invoices ;
• the display of the Order and payment history ;
• a space for the amicable resolution of any disputes that may arise between the Sellers and the Buyers ;
• a messaging space allowing exchanges with ETIFAK and the Sellers.

ETIFAK reserves the right to modify the General Conditions of Use Buyers at any time, which will be applicable as soon as they are put online and to transactions carried out as of their entry into force.

ARTICLE 3 – SCOPE

The GTCB apply, without restriction or reservation, to the use of the services and technical and technological tools made available to the Users by the Marketplace, to the exclusion of any other document issued by ETIFAK, which are given for information purposes only.

The creation of a User Account, any Order and the use of the Marketplace in general, imply full acceptance of these Terms of use.

The present General Terms and Conditions of Use for Buyers can be accessed at any time from the Marketplace www.etifak.com.

ARTICLE 4 – ACCESSIBILITY

4.1 Marketplace Services

1. The Marketplace is accessible to any Buyer (subject to the validation of his account - Cf 4.2. and the validation of the Special Conditions) browsing the Marketplace website to consult, order the Products and Services offered for sale or request samples of the Products, if applicable, after creating his User Account. The Marketplace is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of ETIFAK.

ETIFAK reserves the right to temporarily interrupt access to the Marketplace or to suspend all or part of the services in order to improve, maintain, update and/or set up new services without this interruption giving rise to any right to compensation.

2. The main service of the Marketplace consists in the listing of Products and Services, by categories, promoting the connection and conclusion of Orders between Buyers and Sellers.

The Marketplace provides its Buyer Users with various tools (non-exhaustive list) :

• search filters,
• categories, subcategories, search engine,
• publication of the General Conditions of Purchase, the possibility of ordering, and samples if necessary, to consult the catalogs of Products and Services of the Sellers (with photos, prices, transaction currency, descriptive text, Product/Service sheet, advice of use, General Terms and Conditions of Sale,...),
• the possibility of requesting quotes,
• the possibility of issuing calls for tender,
• evaluation of the Sellers with the possibility to comment and answer to these evaluations.

3. ETIFAK reserves the right to delete all or part of the contents of the Marketplace in the following cases :

• these contents are obviously illegal, fraudulent, misleading or no longer current. In these cases, ETIFAK may modify or delete the Seller's advertisements, without compensation, by notifying the Seller of the reasons for the modification/deletion,
• in the event of international trade restrictions beyond ETIFAK's control (i.e. Embargo, new international or domestic regulations),
• in the event of a sanction applied by ETIFAK under article 9 of these GTCB

4.2 Creating a User Account

1. The Marketplace provides the Buyer with a personal space as soon as the registration is validated.

2. The fact that a Buyer registers on the Marketplace implies full and complete acceptance of these terms and conditions, which is expressly recognized by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would not be enforceable against ETIFAK.

3. The Seller is solely responsible for the information provided at the time of registration, the authenticity and accuracy of which he guarantees to ETIFAK. It is her/his responsibility to update her/his data in the event of a change. The User ID and password chosen are her/his sole responsibility.

4. To create her/his User Account, the Buyer shall provide the following information :

• Company name, company activity, cover photo and logo on which he/she holds all rights of use ;
• Opening hours ;
• Address ;
• Contact of the user (name, surname, email, telephone) ;
• More generally, any information that would be mandatory in her/his country of registration and/or practice.

The profile must then be validated by ETIFAK before being activated. ETIFAK reserves the right not to accept Buyers whose documents are not in conformity, are no longer up to date or about whom ETIFAK requests additional information/clarifications.

ETIFAK will also be able to request the Buyer's company registration number and VAT (or equivalent tax).

The information thus provided may be updated at any time without any further validation by ETIFAK.

5. The information collected by ETIFAK will be kept strictly confidential, with the exception of elements made public for legal reasons, by the User, or by any other means independent of the intervention of ETIFAK.

4.3 Use of the User Account

1. The Marketplace allows Buyers to access the following features from their User account:

• Consultation of the Product(s) and/or Service(s) put online by the Sellers ;
• Receipt of quotes and invoices ;
• Issuance of calls for tender and receipt of responses to calls for tender ;
• Order tracking ;
• Order and payment history ;
• Possibility to open a dispute with a Seller in order to report any malfunction or non-compliance with the rules of use of the platform, the General Terms and Conditions of Sale or the General Conditions of Purchase ;
• Access to services such as Dropshopping ;
• Access pricing management tools as well as VAT management tools ;
• Personal messaging space ;
• Access to her/his Special Conditions ;
• Rating and comments to Sellers, reply to Sellers' responsive comments (moderated by ETIFAK) ;
• Issue a ticket for support functions.

Sellers are free to set the selling prices of their Product(s) and/or Service(s), ETIFAK having no authority in this regard.

Additional services may be added to this list at a later date.

2. The Buyer may modify directly from her/his User Account his General Conditions of Purchase and/or any other information relating to her/his User profile.

3. The Buyer undertakes to keep her/his credentials strictly confidential and personal and not to communicate them to a third party. In the event of unauthorized use, she/he will notify ETIFAK without delay by any written or electronic means.

4. ETIFAK cannot be held responsible or liable in the event of theft of the Buyers' User-ID and passwords and for any prejudice resulting from the fraudulent use of their Users' Account. However, ETIFAK undertakes to implement the necessary means at its disposal to limit this damage as soon as it is made aware of the theft of these data. In this context, any unauthorized use reported by the User or any suspicion of unauthorized use may be the subject of a suspension of access to the User's Account without this suspension giving rise to compensation of any kind whatsoever.

5. In the event of non-compliance with these General Conditions of Use Buyers, ETIFAK reserves the right to temporarily or permanently interrupt the Buyer's access to her/his User Account, by suspending or terminating the present Terms and Conditions of Use without notice or compensation.

6. Transactions made from the User Account are presumed to be made by the account holder. Except in the case of fault or serious breach attributable to ETIFAK, the latter may not be required to compensate any direct or indirect, material or immaterial prejudice suffered by the Buyer as a result of the use of the User Account.

7. The User can delete her/his User Account directly from her/his personal space on the Marketplace. ETIFAK reserves the right to ask for proof of identity when making this request.

ARTICLE 5 – OBLIGATIONS OF THE BUYER

5.1 General obligations

1. In general, the Buyer agrees to :

• use her/his User Account in good faith and to respect the present GTCB ;
• protect the User-ID and passwords giving her/him access to her/his User Account;
• Respond as soon as possible to any request for information from ETIFAK ;
• update the information sent to ETIFAK in the event of a change ;
• comply with all standards and legislation applicable to her/his activity, such as but not limited to her/his registration, accounting, social and fiscal obligations

2. The Buyer undertakes to respect the following obligations towards the Seller :

• To pay for the Orders within the time limit ;
• To respond within a reasonable period of time to the Seller's requests, particularly after a call for tenders ;
• Obligations regarding the protection of personal data ;
• To make available to the Seller the General Conditions of Purchase applicable on the date of the Order (and the Special Terms and Conditions of Purchase if applicable) ;
• Request from the Seller any information that may be necessary regarding the Products and/or Services ;
• Negotiate with Sellers in good faith and request any explanation(s) necessary for the proper understanding of any quotation ;
• Handle returns of Products/Services in a timely manner ;
• To make only reasonable claims without abuse of right, justified by any means, via the dedicated space on the platform in order to resolve any dispute amicably.

3. More generally, the Buyer shall exercise all reasonable diligence to ensure the proper execution of the Order, in particular with regard to the payment of the Products and/or Services. The Buyer undertakes to maintain a constant and courteous dialogue with the Seller.

4. The Buyer shall indemnify ETIFAK against all claims against it, and ETIFAK shall not be held responsible for any failure on the part of the Buyer in these matters.

5.2 Obligations relating to Orders

1. The Buyer is obliged to pay the price of the Products and/or Services in the currency displayed on the price of the Product and/or Service.

The Buyer bears the risk of the exchange rate, the currency rate shown on the Marketplace is purely indicative. Changes in the exchange rate are completely beyond the control of ETIFAK. The Buyer expressly acknowledges that the indicative exchange rate is not a decisive element of her/his consent.

2. The Buyer shall make her/his General (and, if applicable, Special) Terms and Conditions of Purchase available to the Seller at all times. She/He shall specify any terms of payment and/or delivery before any Order is placed.

3. The Buyer is advised that any Order is governed by the General Terms and Conditions of Sale and/or the Special Terms and Conditions of Sale, as well as by any ad hoc agreement between the parties and/or the General Conditions of Purchase and/or the Special Terms and Conditions of Purchase.

4. The Buyer undertakes to comply with the minimum expenditure stipulated in the Special Conditions in accordance with the discussions with ETIFAK.

5.3 Obligations regarding the Marketplace

The Buyer undertakes to behave fairly at all times. The Buyer undertakes to comply with these GTCB at all times when using the Marketplace.

In particular, the Buyer shall not misuse the Marketplace and shall not commit any act that may give rise to civil or criminal liability (such as, but not limited to, placing orders directly with the Seller(s) outside the Marketplace).

The Buyer shall use the Marketplace services in a benevolent manner, without prejudice to the rights of third parties.

The Buyer shall not publish in any form whatsoever any message or information that is prohibited by law and the applicable regulations. The User undertakes not to disseminate any message, issue any assessment or information such as but not limited to : denigration, contrary to public order and morality, offensive, defamatory, racist, xenophobic, revisionist or damaging to the honor or reputation of others, inciting to suicide, hatred, discrimination, to commit an act of crime or terrorism, ...

In general, the User's comments must be measured and respectful of all.

The Buyer shall not disseminate, by any means whatsoever, the information made available on the Marketplace (Products/Services catalog, proposed prices, ...). This information may only be disclosed and/or used for the sole purpose and needs of the proper execution of the Orders.

5.4 Responsibility of the Buyer

The Buyer is solely responsible for her/his Orders of Products and/or Services via the Marketplace, for his commitments towards the Seller, the content of his messages/notifications and the observance of the rights of third parties. She/He is solely responsible for all her/his obligations towards the Sellers, third parties and ETIFAK

The Buyer is also solely responsible for the regulatory, customs, tax and more generally administrative conditions of the Products and Services it imports. It is up to the Buyer to find out about the regulations and formalities applicable to the import of the desired Products and Services, and to comply strictly with them. None of the information provided on the Marketplace by ETIFAK may be considered as legal or tax advice. ETIFAK cannot be held liable in case of failure by the Buyer to comply with its legal, fiscal, customs and administrative obligations.

Consequently, the Buyer guarantees and indemnifies ETIFAK at first request for any damage and against any liability action that may be brought against her/him due to the violation of one of her/his commitments or one of her/his obligations under these terms and conditions, the acquisition of the Products and/or Services, the use of the Marketplace services or any other fact attributable to her/him.

ARTICLE 6 - EXECUTION OF THE ORDER

6.1 Placement of the Order

1. Once identified on his User Account, the Buyer may place an Order for one or more Products and/or Services with one or more Sellers, simultaneously or not.

All Orders are governed by the General Terms and Conditions of Sale and/or the General Conditions of Purchase, as applicable.

2. ETIFAK offers a Dropshipping service which allows the Buyer to purchase several Products and/or Services from several Sellers. ETIFAK is responsible for placing the Orders individually with each of these Sellers in the name and on behalf of the Buyer. The conditions of this service are detailed in the Special Conditions.

3. The Products and Services offered, and their presentation, are the sole responsibility of the Seller. All information, descriptions, Product sheets, photographs, recommendations and all information relating to the said Product and/or Service are created and/or provided by the Seller.

ETIFAK invites the Buyer to consult all documents and/or photographs and/or information made available by the Seller via the Marketplace and to contact, if necessary, the Seller for any additional information.

4. The delivery terms are agreed directly between the Seller and the Buyer. ETIFAK invites the Buyer to duly read the General Terms and Conditions of Sale before placing an Order.

5. The Seller is free to set the selling price of each Product and/or Service and to choose the currency of the transaction. ETIFAK has no authority in this regard.

6. In the case of specific needs, the Buyer may request a personalized quote from the Seller. The acceptance of this personalized quote must be filled in on the platform.

7. The Buyer may also publish a call for tender directly from the platform. Any Order placed as a result of this call for tender follows the present GTCB and must therefore be filled in on the Marketplace.

8. Regardless of the form that the Order takes (directly online, on a personalized quote or following a call for tender), the Buyer must be able to verify before validating her/his Order the Products and/or Services ordered, the place of delivery or performance of the service, the price, the currency, and the delivery / performance deadlines.

The Buyer may then validate her/his Order.

9. Upon receipt of the Order, the Seller shall proceed to confirm the Order. A confirmation email shall be sent to the Buyer. The Seller shall then proceed with the delivery of the Products and/or Services. Such shipment shall trigger the invoicing procedure in accordance with the Seller's general terms and conditions of sale.

6.2 Payment for Products and/or Services

1. As a matter of principle, the payment of the Products and/or Services will be executed directly to the Seller's account, no online payment facility via the Marketplace being provided. Payment will be made upon issuance of the Seller's invoice, which will be made under its responsibility.

2. If the Buyer uses the Dropshipping service offered by ETIFAK, ETIFAK will receive the payment of the price from the Buyer.

In these two cases, the Buyer expressly mandates ETIFAK to collect the price of the Order, and ETIFAK is responsible for transferring the amount due to each of the Sellers. Payment will be made upon issuance of the Seller's invoice, which will be made under her/his responsibility. In order to carry out the mission efficiently, ETIFAK may carry out any useful act.

In the event of cancellation of the Order before payment is made to the Seller(s), ETIFAK shall be obliged to refund the sums paid to the Buyer in proportion to the cancellation of the Order. Failing this, the Buyer shall deal personally with the Seller.

3. ETIFAK shall not be held liable in any way for any invoicing error, whether in the amounts, the transaction currency or the applicable VAT regulations.

4. In order to guarantee the proper functioning of the platform, ETIFAK reserves the right to request proof of the Buyer's identity or any other information deemed useful in addition to the checks carried out during the creation of the User Account.

If these verifications reveal the existence of suspicious and/or fraudulent or dubious practices, ETIFAK reserves the right to warn the Buyer and to suspend the User Account or to proceed with the deletion of the User Account.

6.3 Buyer’s review

The Buyer is invited to leave a review and/or a rating of the Seller and/or her/his Products /Services at the end of his/her Order.

This rating is made by assigning a number of stars, from 1 to 5 stars, 5 stars being the maximum rating.

In this respect, the User undertakes to give a fair review, representative of his/her experience and devoid of any comments sanctioned under these GTCB.

Any problem relating to a review and/or a rating can be reported to ETIFAK at the following address : contact@etifak.com. ETIFAK undertakes to study the request as soon as possible and to delete any review that infringes the CTGB.

ARTICLE 7 – RESOLUTION OF DISPUTES BETWEEN SELLERS AND BUYERS

1. Buyers may contact Sellers at any time and address any complaints regarding the Products and/or Services by using the messaging tool provided by the Marketplace from the User Account.

Sellers can contact Buyers at any time and send them any payment reminders or other complaints about outstanding invoices, deliveries or services by using the messaging tool provided by the Marketplace for this purpose from the User Account.

2. Any dispute regarding a transaction carried out through the Marketplace shall be settled primarily between Buyer and Seller. Claims shall be made in accordance with the applicable General Terms and Conditions of Sale and/or General Conditions of Purchase.

Users shall give priority to the amicable resolution of disputes.

3. In order to satisfy the Users in the use of the Marketplace, they can request the intervention of ETIFAK in the settlement of a dispute. In this respect, ETIFAK will be mandated to carry out any diligence that it deems reasonable and necessary to resolve the dispute. A space dedicated to the resolution of disputes is provided in the architecture of the Marketplace and allows any User to open a dispute case.

This proposal of intermediary in the dispute does not characterize an obligation for ETIFAK, the latter not being obliged to execute the service of the Seller, nor the resolution of the dispute, nor the reimbursement of the dissatisfied Buyer and not engaging in any way its responsibility within the framework of its assistance in the settlement of this dispute.

4. In the event that an amicable settlement of the dispute cannot be reached, then the applicable procedure shall be that described in the parties' General Terms and Conditions of Sale and/or Purchase.

ARTICLE 8 – RESPONSIBILITY OF ETIFAK

1. The Marketplace is not a Seller, nor a reseller of the Products and/or Services, it does not intervene in the transaction between the Buyer and the Seller, whatever the method of taking the Order (Dropshipping, direct purchase, call for tender...). Consequently, it is not bound by any guarantee and/or obligation to which any seller is legally or contractually bound in this capacity. For these same reasons, it cannot be held responsible for Orders, which are the sole responsibility of the Seller, which the Seller acknowledges by accepting the present contract.

Any Product and/or Service ordered may not be taken back, exchanged or give rise to compensation by ETIFAK.

2. ETIFAK cannot be held responsible for the content made available on the Marketplace by its Users or for the prices charged by the Sellers.

It is reminded that the presentation of the Products and/or Services (information, description, Product sheet, photograph, recommendation and any information relating to the said Product/Service), are created and filled in by the Seller and are the sole responsibility of the Seller.

Consequently, ETIFAK cannot be held responsible for these contents, and is only obliged to amend and/or update and/or delete the contents of which it is aware of the obviously illicit nature or of facts and circumstances that reveal this nature.

3. ETIFAK will also rectify and/or update and/or delete the content at the request of the Sellers and/or upon presentation of a final judgement and/or in application of a regulation in accordance with the law within a reasonable period of time.

4. The Marketplace shall only be liable to the Buyer for facts which are directly attributable to it and which cause the Seller direct Prejudice, to the exclusion of any indirect Prejudice and/or operating loss.

5. The Marketplace is not liable for the Buyer's misuse of its services, for the Buyer's fault or negligence. The Marketplace is not liable for any third party's actions, such as, but not limited to, hacking, data theft, etc.

ARTICLE 9 – END OF ACCESS TO THE MARKETPLACE

1. The Buyer may terminate the use of the Marketplace services at any time, provided that she/he observes a period of 3 months from date to date and that she/he pays for the Orders in progress, i.e. all Orders that have been validated but not yet delivered and/or not yet paid for in full. In this context, Buyer shall also remain bound by the Special Conditions.

2. In the event of failure to fulfil any of the Buyer's obligations, ETIFAK shall send the Buyer, by any written means capable of generating an acknowledgement of receipt, a formal notice to perform her/his obligations and remedy her/his failures within a period of 30 days. If at the end of this period the formal notice remains without effect, ETIFAK reserves the right to temporarily suspend or delete access to the Buyer's User Account, without the Buyer being able to claim any compensation.

3. In case of serious and/or repeated failure by the Buyer to comply with her/his obligations or affecting her/his account, such as fraud, abusive language, counterfeiting, infringement of third party rights, malicious language, abusive and/or misleading evaluations, disloyal behavior towards the Marketplace, etc., ETIFAK may deprive the Buyer of all access to its services, without the Buyer being able to claim any compensation.

It is specified that if the Buyer were to place an Order directly with the Seller(s), while this Order follows a connection via the Marketplace, this act would characterize a serious breach of her/his obligations of loyalty likely to justify the closure of her/his User Account without it being able to claim any compensation.

4. If ETIFAK decides to restrict or remove the Buyer's access to the Marketplace, it will notify the Buyer of its decision 7 days before the decision is made and will provide objective reasons for its decision. This decision does not entitle the Buyer to any compensation.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

It is reminded that the personal data requested from Users by ETIFAK is necessary, both to guarantee access to the Marketplace services and to process Orders for Products and/or Services, to fight against fraud and for statistical purposes.

ETIFAK undertakes to ensure the security of the personal data that it stores for the purposes of processing and tracking Orders.

The processing of information communicated through the Marketplace meets the legal requirements for the protection of personal data, as the information system used ensures optimal protection of this data.

ETIFAK undertakes (i) not to make any copy of the personal data without the express consent of the User, (ii) to use the personal data only on the instructions of the User and within the framework of the use of the Marketplace and of the Orders, (iii) not to disclose or transmit the personal data to third parties except with the express consent of the User or in accordance with legal and regulatory obligations, (iv) to take all measures to avoid any misuse or fraudulent use of the Personal Data, (v) to take all technical security measures to preserve the integrity of the Personal Data, (vi) to destroy the Personal Data five years after the request for deletion of the User Account.

The Marketplace is open to Users located outside the European Union. The transfer of personal data to a Seller located outside the territory of the European Union will be strictly limited to the needs of the execution of the Orders placed with these Sellers.

The User has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.

To exercise all these rights, the User may contact ETIFAK via the Platform, which will provide a dedicated means of communication. Each request will open a ticket which will be closed when the request has been processed.

It is reminded that the Sellers have knowledge of the data of the Buyers relating to the Orders of Products and/or Services collected by the Marketplace. The Buyers are informed by the Marketplace that this data and in particular the information necessary for the delivery of the Products and/or Services are transferred, for this sole purpose, to the Sellers, who undertake to use this data only for the needs of the delivery of the Products and/or Services and to enable them to fulfil the legal obligations attached to it. They undertake not to keep any copy of the data once they have shipped the Products and/or Services ordered, any other use being strictly prohibited.

The Seller provides the Buyers with its personal data confidentiality policy.

ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS OF ETIFAK

The content of the Marketplace, with the exception of the content provided by the Sellers, is the property of ETIFAK and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 12 – ETIFAK CONTACTS

Our contact information is as follows :

• Via the Marketplace user space
• Via an email address : contact@etifak.com
• By registered mail to ETIFAK, 69 chemin du Klettenberg in Mulhouse (FR - 68100), FRANCE/li>

ARTICLE 13 - TOLERANCE

The fact that the User or ETIFAK does not take advantage, at a given moment, of any of the conditions of the General Terms and Conditions of Use Buyers cannot be interpreted as a waiver of the right to take advantage of them at a later date.

ARTICLE 14 - INVALIDITY

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations shall retain all their force and scope.

ARTICLE 15 - APPLICABLE LAW

The present GTCB and the operations resulting from it are governed by French law.

They are originally written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 16 - SETTLEMENT OF DISPUTES AND COMPETENT COURTS

The Buyers and ETIFAK agree to do their utmost to resolve amicably any disagreements that may arise from the interpretation and/or execution of the GTCB and their consequences.

Complaints against ETIFAK may be addressed via the User Account from the tab reserved for this purpose.

The parties undertake to settle in good faith any claims and disputes that may arise from the use of the Marketplace and to give priority to an amicable settlement before any legal proceedings. The parties agree to refer to an international trade mediator by mutual agreement, ideally specialized in the sector concerned by the dispute. If no agreement is reached, ICC FRANCE will be appointed by default. The costs of mediation will be shared equally between the parties.

It is expressly agreed that the Commercial Court of MULHOUSE (FRANCE) shall have exclusive jurisdiction over any dispute that may arise between the Buyers and ETIFAK when using the Marketplace concerning the validity, interpretation and execution of the GTCB, even in the event of a guarantee appeal or multiple defendants.