6 May 2019

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Terms of Sales

AOZORA

Terms of Sales

Terms of Sales applicable from 1st May 2019

 

This agreement was written in French. To the extent any translated version of this agreement conflicts with the French version, the French version controls.

1- Applicability.

1.1 These General Terms of Sales (the “Terms”) are are a legal and binding agreement between Aozora SAS (“Aozora”, “We”, the “Service Provider” or the “Company”) and you, or, if are representing an employer or a customer, this employer or customer (“You” or the “Customer”), governing your use of the paying Services of existing or future Aozora websites, particularly those named after aozora.me domain and its sub-domains (the “Website”).

1.2 Aozora reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on its Website or by providing any other notice. Your rights under these Terms will be subject to the most current version posted on the Website at the time of use.

1.3 Legal notice:

1.3.1 Website editor:

https://www.aozora.me Website and the websites linked to aozora.me main domain are edited by the Company: 

Aozora, Société par Actions Simplifiée au capital de 2000€

RCS Bobigny 839 823 986

Head office : 10 rue Gabrielle Josserand 93500 PANTIN

The publication director is Olivier Roelants.

1.3.2 Contacting the Company:

The Customer can contact the Company:

 

2- Definitions.

For the purpose of the Terms, each capitalized term herein, despite being used as singular or plural, shall have the meaning given below:

Classified : means any data of the Pro (including text, visuals, photos, etc.) forming a sale or rental offer of a material or immaterial good or service to be displayed on the Website and when appropriate Related Websites and/or Partner Websites. Can also be called "Listing" on the Website ;

Pack : means a paying offer You can subscribe through Aozora allowing You to use Optionnal Services ;

Pro : means exclusively a professional, defined as a moral person or having been properly registered, using Services to commercial and professional ends ;

Services : mean services provided by Aozora on the Website, particularly Classifieds display Services ;

Classifieds display Services: mean hosting and display services of a Classified on the Website, and when appropriate, Related Websites and/or Partner Websites ;

Optional Services: mean paying optional services, coming in addition of the Classifieds display Services ;

Website : means the interactive electronic service run by Aozora, at the https://www.aozora.me URL and related sub-domains, amongst which https://classifieds.aozora.me and https://skydive.aozora/me  on which is operated some Classifieds display Services ;

Related Websites : mean the interactive electronics services run by Aozora on which can be operated some Classifieds display Services ;

Partner Websites : mean the interactive electronics services run by third party, partners of Aozora, with who Aozora made display agreements for Classifieds on their website ;

Users : mean the internet surfers visiting the Website, signed in (users having an account) or anonymous, Pro or individual, themselves having posted a Classified or not désignent l’ensemble des internautes, visiteurs du Site, qu’ils soient enregistrés (utilisateur avec un compte) ou anonymes, Pro ou particulier personne physique, diffuseurs d’Annonce eux même ou non. Ces Utilisateurs sont susceptibles d’entrer en relation par l’intermédiaire du Site avec le Pro ou d’autres Utilisateurs. 

 

3- Purpose.

Aozora provides, through the Website, Classifieds hosting and display services. The Website also offers solutions to facilitate Users relations, as much as for enquiries as to fulfill transactions based on the Classifieds. 

Classifieds displayed on the Website may also be displayed on Related Websites, as well as  Partner Websites or so called “Social network websites”. Any Pro using Aozora’s Services fully and expressly agrees with Aozora having this prerogative.

 

4- Description of the Services provided by Aozora 

By subscribing a Pro offer, the Customer is given access to specific Services. Those Services are subject to modification, anytime and without notice, from Aozora.

We offer various options to our customers. You can find can find these options and related pricing on our Website: https://www.aozora.me/en/business/plans/

The Pro customer acknowledges, without any restrictions nor reserves, having received all the information related to the Services before subscribing them, and that the offer is in full conformity with the requirements for distance services especially online Internet services, as mentioned in articles L111-1 and following and L121-16 and following of the Code de la consommation.

For the immediate execution of the Services, the Pro agrees to renounce his right to withdrawal.

Prices of our offres are in Euros only.

4.1 Reseller Pack

Paying offre granting access to Optional Services dedicated to retail shop, gear stores, riggers and second-hand shops.

For the full application of this Pack, the cooperation of the Pro is necessary to produce some of the content. Aozora can be held responsible for the non execution of these Services if the Pro miss to his obligations.

4.2 Manufacturer Pack 

Paying offre granting access, in addition to the Optional Services included in the Reseller Pack, to Optional Services dedicated to manufacturers and gear suppliers.

For the full application of this Pack, the cooperation of the Pro is necessary to produce some of the content. Aozora can be held responsible for the non execution of these Services if the Pro miss to his obligations.

In particular, the Pro checks with Aozora whether his brand is duly registered in Aozora’s database. If he doesn’t, Aozora can be held responsible for the non execution of these Services.

4.3 Subscription

Services subscription starts upon payment reception. The disposal of the Services might be delayed further, to allow routine checks to be carried and validated by Aozora staff. Aozora works to reduce this delay to the minimum.

 

5- Classifieds Display

A Classified will be displayed only after all mandatory fields are filled-in.

The Pro is allowed to publish iconographic contents describing the Classified, in particular through the use of external video hosting providers (such as YouTube), from which he will have therefore accepted the terms of use before. 

In any case, legal requirements regarding image and intellectual properties and neighboring rights apply, and it is the responsibility of the Pro to respect them. 

Features of those services will depend on technical compatibility with the Website platform.

The Classifieds displayed depend on the User’s search criteria and filters.

Aozora reserves the right to prioritise the display of some Classifieds regarding completion of the optional fields (picture, additional information, etc.) criteria.

Aozora reserves the right to prioritise the display of some Classifieds for commercial purposes, linked or not to the subscription of Optional Services.

The Classified is displayed on the sub-domain of the Website where it has been created. The Pro is responsible for its updating. He must also respect les Terms of Use related to the sub-domain.

The Classified is normally published with no delay, in reasonable means, in accordance with the liability described in the present Terms of Sales and the Terms of Use related to the sub-domain.

 

6- Booking Management Service

Service awaiting to be deployed.

 

7- Information request

Any User interested by a Classified published by a Pro might ask for additional information. The Pro agrees to give the User the information he asked for, in accordance to the law. We would like You to remember that sales to foreign countries and/or citizens may be submitted to further law than those of the country you are registered in.

When appropriate, the Pro agrees to communicate to the User all mandatory legal information needed for the proper conduct of the sale, whether or not he has been asked for by his customer.

 

8- Rights and obligations of Aozora

Aozora reserves the right to modify the appearance of the Website at any moment without any notification.

Aozora will have to execute maintenance operations, that may lead to access restrictions, without taking any responsibility for the prejudice.

In any case, Terms of Use apply.

In case, particularly after being noticed by another User, Aozora suspects any violation of the Terms of Use or the present Terms of Sales, Aozora reserves the right to check the identity of the Pro and its legal status. Any denial or lack of answer from the Pro, will lead to the suppression of his Classified, and/or access restrictions to his account, or the suppression of the account, without the possibility for the Pro to claim. 

 

9- Obligations of the Pro

The Pro agrees to respect the Terms of Use, the Privacy Policy and the present Terms of Sales, as well as as national and international law and rules in force.

 

10- Payment and billing

Online payment between Users are executed through a payment gateway. As soon as they use this service, all parties involved in the transaction automatically agree with the Terms of Use of the payment gateway provider.

Aozora is only charging a fee based on the transaction, and is not, at anytime given time, in possession of the funds. Aozora's responsibility is therefore not engaged in case of dispute between users. Users shall contact the payment gateway provider to assert their rights.

You can unsubscribe from your Pack at any moment. But keep in mind Aozora is not giving back any money for the a Pack has been started. It is the Pro responsibility to anticipate the moment unsubscribing would be the most efficient.

Payment are executed using credit card only. For the payment of Optional Services, the Pro allows Aozora to charge his credit card for all fees and bills he owes to Aozora. That payment will be executed through the payment gateway.

 

11- Responsabilities

The Pro acknowledges and accepts that Aozora is only hosting his Classified for it to be displayed on the Website, and where appropriate, the Related Websites et Partner Websites. Aozora has no liablility for the quality and/or lawfulness of the Classified, neither the transaction between the Pro and a User.  

Aozora denies any responsibility for checking if law or rules applicable to the Classifieds posted by the Pro, denies any responsibility for any claim, cause of action or dispute induced in anyway by the content of a Pro’s Classified.

The Pro acknowledges and accepts that Aozora has no liability for any claim, cause of action or dispute induced in anyway by his Classified and, more generally, by his violation of the present  Terms of Sales or Terms of Use.

The Pro guarantees he covers Aozora for any claim, cause of action or dispute, legal or not, and/or sentence based on the violation of his legal obligations or contract terms, particularly the violation of the Terms of Use ot the present Terms of Sales, especially related to his Classified(s), and regardless the status of applicants.

For this purpose, the Pro expressly agrees, on Aozora’s first request, to assume all consequences resulting of such an action or claim and/or sentence, especially all costs and damages and/or criminal sanctions which Aozora might be sentenced to, as well as all resulting costs of such an action or claim, including legal expanse.

12- Force majeure

Aozora has no responsibility for not fulfilling any of our obligations, if the reason that prevented or delayed the execution rely upon as constituting  force majeur as defined by french Court, especially in case of natural disasters, fires, disruption or failure of telecommunications network or electrical network. 

 

13- Proof

The Pro acknowledges and agrees that any data, information, file or any other digital element communicated between the Pro and Aozora are legal proof, that may be used by Aozora.

The Pro commits not to contest the validity, legal value or use in legal actions, of the digital elements quoted above, because of their digital nature.

Unless proven differently, those digital elements will be considered valid and opposed as if it has been a written document.

 

14- Applicable law and relevant jurisdiction

Any claim, cause of action or dispute (claim) that may appear about the validity, the understanding, the acceptance or the execution of the Terms of Service, whatever is the subscription or payment location, will first be answered by trying to reach an amicable settlement that both parties commit themselves to seek. If such a solution can happen within three (3) months, the relevant jurisdiction is the court in charge at the location of the Aozora company head office. Those Terms of Service are submitted to French law: unless there is an imperative obligation saying differently, or in case a choice is given to determine which law applies, the French law will apply.