General terms and conditions of use

The website https://www.spareka.fr/ (hereinafter referred to as the "Site") is published by SPAREKA, a simplified joint stock company with a capital of 682,626.00 euros, whose registered office is located at 233 rue Etienne Marcel - 93100 Montreuil, registered in the Bobigny Trade and Companies Register under number 834 272 387 and whose intra-community VAT number is FR87834272387.

Director of publication: Geoffroy Malaterre

To contact us :

Telephone: 0 899 700 502 (Service 0,80 € / min + call price) or else free number accessible by connecting to your customer area.

Hosting :

NBS SYSTEM

SAS with a capital of 203,905.00 euros

RCS Paris 423 410 901

Head office: 140 Boulevard Haussmann - 75008 PARIS

The present general conditions of use govern access to and use of this website, located at the URL address https://www.spareka.fr/, hereinafter referred to as the "Site".

Any connection, use or consultation of the Site implies acceptance of and compliance with the general conditions of use. Acceptance results from the use of the Site.

Article 0 - Definitions

Customer: refers to any natural person of legal age or legal entity with a Customer Account from which he/she has acquired a product offered for sale by a Seller via the Spareka Platform, it being specified that the Customer may or may not be the beneficiary of the Product depending on whether he/she will use it personally or offer it to a third party. General Terms of Use: refers to the present contract governing relations between Spareka and the Users of the Site.Spareka Platform or Platform: refers to the technical platform used by Spareka to put Sellers and Customers in contact with each other with a view to concluding contracts for the sale of Sellers' and Spareka's Products on the Website, and available at the address https://www.spareka.fr/Products: refers to the products such as spare parts, accessories or consumables that may be offered for sale by a Seller via the Platform, shipped by the Seller within the limits of available stocks.Services: shall mean all the services published and offered by Spareka on the Site. Site: shall designate the Internet site, owned by Spareka, comprising all documents or pages linked together by hypertext links, registered under the URL address https://www.spareka.fr/, and constituting an interface between Sellers marketing their Products and Customers. User: refers to any Customer or Seller, or more generally to any natural or legal person, acting alone or representing third parties, who uses the Site or who navigates on the Site. Seller: refers to any natural or legal person acting as a professional who offers Products for sale on the Spareka Platform.

Article 1 - Purpose

The present General Terms of Use govern the access and use of the Website by any User, whether or not he/she is a Buyer or a Seller.

In particular, they aim to define the terms and conditions under which any User may access and browse the Site, create a customer account on the Platform and publish comments on the Site via the "Customer Reviews" section.

Article 2 - Acceptance of the General Terms of Use

Access to the Services is subject to the condition that each User undertakes to comply with these General Terms of Use. Consequently, the agreement between Spareka and the User, collectively referred to as the "Users", relates to the contract consisting of these General Conditions of Use.

By browsing the Site, the User acknowledges that he/she has read and accepts the General Conditions of Use fully and without reservation.

The User is informed that Spareka is entitled to modify or supplement the General Conditions of Use at any time. Spareka undertakes to inform Users on the first page of the Site if a modification or addition has a significant impact on the rights and obligations of Users.

If the User continues to use the Service after the addition or modification of the General Terms of Use, he irrevocably accepts the modified or completed General Terms of Use. If the User does not approve of the modified or supplemented General Terms of Use, it is up to the User to stop using the Site and the related Services.

Article 3 - Access to the Site

The Site is open to all Users provided they have an Internet connection. Access to the Site is free and unlimited in time. Access to the Platform for Sellers is subject to the conclusion of a membership contract with Spareka. Access to the Platform for Customers is free of charge, without obligation, and is subject to the creation of an account and acceptance of the General Terms and Conditions of Sale.

This Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure, third-party events and/or maintenance work and interventions necessary for the proper functioning of the Site. In the event of a planned interruption, this will be notified by means of a warning on the home page or by any other means.

Spareka shall not be liable in the event of interruption of the networks providing access to the Site, total or partial unavailability of the Site resulting in particular from the telecommunications operator, in the event of transmission errors or problems linked to the security of transmissions, in the event of failure of the receiving equipment or of the Users' telephone line.

Access to the Site requires sufficient broadband Internet access and the use of a suitable access terminal (computer or other) (any costs related to Internet access and the pricing policy of your access provider are at your expense).

Spareka cannot be held responsible if Users are unable to connect to the Spareka Platform due to any technical problem or any problem related to network congestion or the use of an inappropriate speed.

Article 4 - Operation and use of the Site

4.1 General information

Subject to compliance with these Terms of Use, Spareka grants Users a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal, non-commercial use of the Services.

Users undertake not to hinder in any way whatsoever the proper functioning of the Site, in particular not to block or alter the normal flow of data, fraudulently access the Site's information system or all of its data, disrupt or modify it.

4.2 Creation of an account

In order to benefit from certain Services of the Platform, the creation of an account may be required by Users. In this case, the person to whom the account is associated is solely responsible for maintaining the confidentiality of his/her account and password, for restricting access to his/her computer and other equipment, and to the extent permitted by applicable law, for all activities that occur under his/her account or password.

In this respect, the User who holds an account must take all necessary measures to secure all information relating to his account, and undertakes to inform Spareka without delay in the event of fraudulent use of his account.

4.3 Publication of comments and opinions

Users may post comments or other content, submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, libelous, infringing on intellectual property rights, or harmful to third parties or objectionable and does not consist of or contain computer viruses, political activism, commercial solicitations, chain letters, mass mailings or any other form of "spam". Spareka reserves the right to delete any illegal content of which it has been informed in accordance with the provisions of Article 9 hereof.

Article 5 - Personal data and respect for privacy

The Site has a Privacy Policy which is accessible on the Site.

The User is informed that the Privacy Policy is an integral part of the General Conditions of Use of the Site. Consequently, acceptance of the Privacy Policy is a necessary condition for the use of this Site.

Acceptance results from the User's use of the Site.

For any question concerning the Privacy Policy, the User may contact the department responsible for the processing of personal data by email at the following address: dpo@spareka.com.

The data collected during registration on the contact form and during the use of the Site and its Services are subject to the legal rules on privacy.

The User may or may not choose to accept offers on the Services proposed by Spareka or to have his or her details transmitted to Spareka's partners in order to receive information or commercial offers from them.

Spareka undertakes to process this information in accordance with the General Data Protection Regulation (RGPD) n°2016/68, the French Data Protection Act of 6 January 1978 in its latest version, the G29 guidelines, and the recommendations of the French National Commission for Data Processing and Liberties.

In accordance with these provisions, the User has the right to access, oppose, rectify and delete all data concerning him/her. To exercise this right, he/she may contact Spareka by post at the following address DPO Spareka - 233 rue Etienne Marcel -93100 Montreuil - France or by e-mail at the following address: dpo@spareka.com.

Article 6 - Intellectual property

All elements making up the Site, in particular brands, domain names, software, images, videos, texts or more generally any element and information subject to intellectual property rights, are and remain the exclusive property of Spareka.

Similarly, the other elements appearing on the Site belonging to third parties and subject to intellectual property rights, including in particular trademarks, trade names, domain names and company names, are the exclusive property of their rightful owners.

Any reproduction, representation, adaptation, exploitation or distribution, in whole or in part, of the content of the Site is prohibited. These prohibitions apply regardless of the medium.

Any infringement of Spareka's intellectual property rights, for whatever reason, exposes the offenders to legal proceedings.

Article 7 - Role of Spareka

Spareka allows third-party Sellers to list and sell their products on the Site, as specified on the respective product detail page. Spareka, as host, only has the role of putting Clients and Sellers in contact with each other for the purpose of carrying out transactions on the Platform. Spareka can in no way be considered as either the buyer or the seller of the Sellers' products. Consequently, for the sale of the Seller's products, Spareka is in no way a party to the sales contract that is formed between the Client and the Seller. Consequently, Spareka shall not assume any liability arising from such a contract or from this sales contract.

Spareka is neither the agent nor the representative of the Sellers. The Seller is solely responsible for the sale of products and for any claims or other problems related to the sales contract concluded between the Seller and the Customer.

Article 8 - Liability

8.1 Responsibility of Spareka as publisher of the Website

Spareka cannot guarantee the accuracy, completeness or topicality of the information published on the Site. Spareka makes every effort to provide users with available and verified information, but cannot be held responsible for errors or omissions, nor for the possible unavailability of information or Products.

Spareka shall not be held liable for any damage resulting from a modification of the information on the Site due to fraudulent manipulation by a third party and for any direct or indirect damage caused by access or difficulties in accessing the Site, as well as the use of the Site and/or the information on the Site.

8.2 Responsibility of Spareka in the context of the use of the Platform

It is recalled that the Platform is intended to put Sellers and Customers in contact with each other for the purpose of selling the Seller's Products.

When using the Platform, it is recalled that Spareka is only an intermediary, and acts as an agent of the Seller for the purpose of putting the Products up for sale. Consequently, Spareka cannot be held responsible for the information disclosed by the Seller, nor for the statements made by the Seller concerning the Products.

Article 9 - Reporting illicit or inaccurate content

In the event that a User wishes to report to Spareka the presence of erroneous information or illicit content on the Site, he/she must do so by e-mail to admin@spareka.com or by registered letter with acknowledgement of receipt. In order to be valid in accordance with article 6 I 5. of the law n°2004-575 of 21 June 2004 for confidence in the digital economy, the notification must include the following elements

the date of the notification ;if the notifier is a natural person: his or her surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body that legally represents it;the name and address of the addressee or, if it is a legal person, its name and registered office;a description of the facts in dispute and their precise location;the reasons for which the content must be removed, including a reference to the legal provisions and justifications of the facts;a copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.

As a result, the effective processing of the request by Spareka requires the User to provide personal identification data and thus accept the processing of his/her personal data by Spareka and, more generally, the Privacy Policy and the respect of personal data.

The User is invited to consult this Policy to find out about his or her rights, the conditions and purposes of this processing and the conditions for accepting this Policy.

Spareka may take appropriate measures if the content is clearly illegal in accordance with the French law n°2004-575 of 21 June 2004 for confidence in the digital economy.

It is reminded that reporting illegal content with the aim of obtaining its removal and/or stopping its distribution, knowing this information to be inaccurate, is punishable under article 6 I.4 of law n°2004-575 of 21 June 2004 and exposes you to criminal and/or civil legal proceedings.

Article 10 - Suspension/Refusal of access to Services

The User acknowledges and accepts that Spareka may refuse use of and access to the Services for any reason whatsoever and without any prior notice.

The reasons for refusing access to the Services may include, but are not limited to, the violation of these General Terms of Use or of the documents incorporated by reference, a judicial request, a request made by a User, or the actions of a User that could cause financial loss or engage the judicial responsibility of Spareka or its Users.

Under no circumstances shall Spareka be held liable in any way whatsoever and for any reason whatsoever as a result of this refusal to access the Services.

In any case, Spareka reserves the right to immediately suspend access to the Services and to close Users' accounts in the event of use of the Services (i) in a way that causes, or is likely to cause, an interruption, damage or alteration of a Spareka Service, or (ii) for fraudulent purposes, or in connection with a crime or illegal activity, or (iii) with the aim of causing disturbance or nuisance to third parties, or (iv) in the event of a violation of the laws in force or of the contractual provisions relating to the use of the Services.

Article 11 - Modification of the Services and the General Conditions of Use

Spareka reserves the right to modify or adapt the General Conditions of Use at any time. The User will be subject to the terms and conditions of the General Conditions of Use in force at the time of use of the Services.

Article 12 - Applicable law/jurisdiction

These General Terms of Use are governed by French law and interpreted according to French law.

In the event of a dispute concerning the use of these General Terms of Use, Spareka and the User will endeavour to find an amicable solution.