Welcome to MINTEED, the intuitive Web3-as-aservice Platform, allowing artists to create and manage NFT Collections and share them with a worldwide community of Collectors!
The Platform is created and operated by our company MINTEED LAB, a simplified joint stock company with a capital of 4,000 euros, registered in the Paris Trade and Companies Register, under the number 913 889 945, whose registered office is located at 7 rue Mariotte 75017 PARIS (hereafter “MINTEED”).
Our Platform allows to:
- Reference NFTs, Collections and Creators’ Profiles;
- Associate your Wallet with your Profile in order to easily manage your NFTs;
- Mint NFTs on the Tezos Blockchain;
- Collect NFTs associated with any type of work.
To reduce our ecological impact and in a global approach of digital sobriety, we have chosen to provide these services via the Platform using the Tezos blockchain, known for its energy efficiency.
SECTION 1. DEFINITIONS
- “Account “: means the computer interface hosted on the Platform and allowing the User to use the Platform and the Services, while benefiting from a space hosting his data;
- “Asset”: refers to any type of work (photograph, video, music, etc.) created by an Artist and backed by an NFT offered by a Partner on the Platform;
- “Blockchain” means the Tezos Blockchain, published and operated by the Tezos Foundation, a company incorporated under the laws of Switzerland, whose registered office is at Dammstrasse 16, 6300 Zug, Switzerland;
- “Collection” means any collection of NFTs created by the Partner on the Platform;
- « Collector »: means any person who accesses the Platform and can purchase an NFT from a Creator;
- “Commercial Conditions of the Platform”: means the commercial conditions applicable to the sale of NFTs between the Partner and the Collector;
- “Content”: refers to all the Assets, information, texts, logos, brands, animations, drawings and models, photographs, images, data and generally all the elements and content of the Partner published on the Platform according to the terms, form and conditions proposed to it in the context of the Services;
- « Creative Asset Manager » or « CAM » : means any legal entity that has subscribed to a Partnership Agreement, that uses the Platform to offer for sale NFTs associated with an artist’s Asset and that holds all the necessary rights and authorizations to do so;
- “Creator”: means the MINTEED’s Partner who has entered into a Partnership Agreement and uses the Platform to display its Assets, manage its Collections and sell NFTs or otherwise act as Creative Asset Manager;
- “Home Page”: means the home page of the Platform, if necessary customized for each User;
- “Mint” means the technical operation of creating the NFT on the Blockchain;
- “MINTEED” or “the Operator”: refers to the company MINTEED LAB, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 913 889 945, whose registered office is located at 7 rue Mariotte, 75017 PARIS, acting in the capacity of an online platform operator;
- “NFT” means the Non-Fungible Tokens offered by the Creator through the Platform and associated with an Asset;
- “NFT Price” means the selling price of the NFT on the Primary or Secondary Market as paid by the buyer of the NFT to its seller;
- “Partnership Agreement”: means the contractual conditions governing the provision of Services by MINTEED to Creators;
- “Parties”: in the plural, means MINTEED and Collector together. In the singular, refers to only one of the two Parties;
- “Platform” means the online Platform accessible in SaaS mode at the following address: https://www.minteed-lab.com/ . The Platform includes all the web pages, Services and features offered to Partners;
- “Pool”: means the pool of NFTs constituted by the Partner on the Platform;
- “Primary Market” means the sale of NFTs on the Platform between Creators and Collectors;
- “Profile”: means the User’s profile on the Platform;
- “Public Address”: means the public address of the Wallet on the Blockchain;
- “Sales Contract”: means the contract concluded between the Partner and the Collector and relating to the sale of NFTs through the Platform. The Sales Contract is composed in particular of the Commercial Conditions of the Platform and the Partner’s specific terms and conditions;
- “Secondary Market”: means the subsequent resale of NFTs created on the Platform by the Collector to a third party on the Blockchain, whether or not such subsequent resale is made through the Platform;
- “Services”: refers to all the services offered by MINTEED to the Users via the Platform;
- “Smart Contract “: means the protocol running on the Blockchain and allowing the automatic execution of transactions relating to NFTs created and sold through the Platform;
- “Tag “: means the keywords associated with an Asset or a Collection;
- “User “: means any person accessing and browsing the Platform, whether a Creator, Collector or simple Internet user;
- “Wallet “: means the decentralized electronic wallet used to store and exchange NFTs. It is specified that the Wallet is not provided by MINTEED and is used by the Partner under its sole responsibility.
SECTION 2. PURPOSE
Their purpose is to set out the terms and conditions of access by Users to the Services as well as the respective rights and obligations of the Parties arising from the use of these Services.
They also provide the User, in a clear, fair, and transparent manner, with all the information required by law.
In this regard, it is understood that:
- Services offered exclusively to Creators are governed by the Partnership Agreement;
- The purchase of an NFT through the Platform is governed by the Sales Contract..
The present TOU, which exclude any subordination link, do not confer on the User, under any circumstances, the status of employee, agent or representative of MINTEED.
SECTION 3. ACCEPTANCE OF THE TOU
SECTION 4. TECHNICAL REQUIREMENTS
By using the Platform, the User acknowledges that he/she has the necessary means and skills to use the features offered on the Platform.
The equipment required to access and use the Platform, and in particular the Wallet, is at the User’s expense, as are any telecommunications costs incurred by their use.
The User agrees to comply with the technical specifications relating to the publication of Content on the Platform, in particular any limit on weight, size, character, formatting or other relating to the Content that he intends to display on the Platform in any capacity whatsoever.
SECTION 5. MINTEED’S CAPACITY
Section 5.1 MINTEED’s intervention as online platform operator.
MINTEED intervenes only as a simple technical intermediary between the Creators and the Collectors. In this capacity, MINTEED assumes the quality of an online platform operator.
MINTEED has no control over the publication of Content and the sale of NFTs by the Creator to Collectors. MINTEED does not intervene in the transaction between the Creator and the Collector and shall not be responsible for its execution.
The NFT Sales Contract is therefore concluded exclusively and directly:
- Between the Creator and the Collector on the Primary Market via the Platform; and/or
- Between the Collector and any third party on the Secondary Market, via the Platform or any other marketplace allowing to market or acquire NFTs on the Tezos Blockchain.
The NFT Price is defined by the Creator, under his responsibility, on his Profile.
The Assets, the Collections, the Contents and the NFTs are published by the Creator under his entire control and sole responsibility. MINTEED only intervenes in the role of mere host of the Contents.
It is reminded that the Blockchain is not edited by MINTEED, which exercises no control whatsoever over it.
MINTEED is remunerated by a commission deducted from the NFT Price as paid by the Collector or any third party, whether the sale is made on the Primary Market or Secondary Market.
This remuneration is made automatically via the Smart-Contract, in accordance with the Partnership Agreement signed between MINTEED and the Creator.
Section 5.2. Obligation of pre-contractual information: loyalty, clarity, and transparency
As an Online Platform Operator, MINTEED acts in a neutral, clear, and transparent manner.
5.2.1. Profile and Contents Referencing
The criteria for referencing and ranking the Creators and the Contents presented on the Home Page are, in accordance with the applicable regulations, detailed below:
- Collections on sale;
- The Collections that have just been added to the Platform;
- The most liked Assets;
- The different Tags allowing access to the corresponding Assets.
MINTEED does not have any capital link or any legal dependency with the Creators listed on the Platform which would influence the ranking or referencing of their Profiles or their Contents about these criteria applied uniformly and automatically.
Any preferential or priority referencing of a Product will be brought to the attention of the User, in accordance with the regulations in force.
The User may enter keywords on the Platform’s search engine to search for Creators, Assets or NFTs.
These different Contents are classified according to their relevance to the User’s search and the Contents as published by the Creators
SECTION 6. ACESS AND REGISTRATION ON THE PLATFORM
6.1. Technical requirements
To access the Platform and the Services, the User must have:
- A terminal capable of connecting to the Internet (computer, tablet…);
- A high-speed Internet connection;
- A Tezos Wallet, which he can associate with his Profile. It is specified that MINTEED does not provide any Wallet service. Thus, the User is solely responsible for his Wallet, over which MINTEED has no control.
The User acknowledges that the technical prerequisites listed in the previous paragraph are his responsibility.
The User is informed that the Services are provided exclusively by means of the Tezos Blockchain. Consequently, the NFTs that have been Minted through the Platform cannot be operated by the User on other blockchains (ethereum…).
6.2. Registration on the Platform
6.2.1. Registration process
To register on the Platform, the User must connect his Wallet by clicking on the corresponding button.
The connection of the Wallet to the Platform will automatically lead to the creation of a Collector Account.
The User is invited to keep accesses to his Wallet and in particular his private keys strictly confidential. It is specified that MINTEED does not have access at any time to the User’s private keys or to his Wallet, which are under his entire control and sole responsibility.
Under no circumstances may MINTEED be held responsible in the event of usurpation of the identity of a User.
All accesses and actions carried out from the User’s Account will be presumed to be carried out by this User, as MINTEED is not obliged to and does not have the technical means to ensure the identity of the persons having access to the Platform from the Account.
Any misappropriation or unauthorized use of a User’s Account and the consequences thereof are the sole responsibility of the User. The User is required to inform MINTEED, without delay, by electronic message sent to the following address: firstname.lastname@example.org
6.2.2. Become Creator
The User wishing to become a Creator is invited to contact MINTEED by filling in the form available on MINTEED’s website.
The procedure for obtaining the Creator status is described in the Partnership Agreement.
6.3. Deregistration process
6.3.1. Deregistration of the Collector
The User may deactivate his Account at any time by contacting MINTEED at the address email@example.com. MINTEED will proceed as soon as possible to deactivate the Account and will send the User an email confirming the closure of his Account.
6.3.2. Deregistration of the Creator
The conditions under which the Creator may unsubscribe are specified in the Partnership Agreement.
SECTION 7. DESCRIPTION OF THE SERVICES
7.1. Services provided to all Users
Any User may access the Platform free of charge, as well as its various functionalities, if he/she registers beforehand. The main Service offered by MINTEED consists in offering any registered User the possibility of consulting the Profiles, Collections and Assets of the Creators listed on the Platform.
The Users can access:
- The search engine of the Platform to look for an Asset or a Creator;
- The Home Page.
Registered Users have automatic access to :
- The Creators’ Profiles and notably of the Artists;
- The Content published by Creators on the Platform and in particular the Collections of NFTs.
Users may also:
- Like the Content by clicking on the relevant button;
- Follow Creators, so that their Content appears on their Home Page.
The Platform also allows any User to purchase NFTs from Creators, under the conditions set forth in the Sales Contract.
In this respect, it is reminded that the NFTs available on the Platform operate exclusively on the Tezos Blockchain.
7.2. Services provided to Creators
Services provided to Creators are described in the Partnership Agreement.
7.3. Evolution of the Services
MINTEED reserves the right to freely develop the Services, at its sole discretion, particularly to improve the Platform and the existing Services.
MINTEED ensures that the User, who acts as a consumer, is informed of the necessary updates to maintain the conformity of the Service for the duration of the TOU.
Where the update requires specific installation from the User, MINTEED will inform the User of the availability of the updates, how to install them and the consequences of not installing them. In the absence of installation by the User within a reasonable period, MINTEED may not be held liable for any lack of conformity resulting from the failure to update.
MINTEED may also carry out updates to the Service which are not necessary to maintain the Service, but which enable it to improve its operation, to offer additional functions, to strengthen the security of the Services or to adapt to technical or regulatory developments.
The User will be informed of these updates, specifying the date on which they come into force.
Users who are consumers may refuse the update or uninstall it later if it affects their access to the Platform. Unless the update has only a minor impact on the User or MINTEED has allowed him to keep the Platform without the update, he may terminate the TOU as of right and without charge, within a maximum period of thirty (30) days after the implementation of the update.
SECTION 8. OBLIGATIONS THE PARTIES
8.1. Obligations of the Users
Each User is obliged :
- To behave in a fair and reasonable manner towards MINTEED and third parties;
- Not to infringe the intellectual property rights of other Users or third parties;
- To ensure that they have all the necessary rights and authorizations before publishing Content on the Platform;
- To be honest and sincere in the information provided to MINTEED and, where applicable, to other Users;
- To use the Platform in accordance with its purpose as described in the present TOU;
- Not to divert the purpose of the Platform, including the Smart Contract, to commit crimes, offences or contraventions punishable by the French penal code or by any other legal or regulatory provision;
- Respect the privacy of third parties and the confidentiality of exchanges;
- To respect the intellectual property rights of MINTEED concerning the elements of the Platform as well as the intellectual property rights of other Users, and in particular the Creators;
- Not to seek to undermine, in the sense of Sections 323-1 and following of the French penal code, the automated data processing systems implemented on the Platform;
- Not to modify the information put online by MINTEED or by another User;
- Not to use the Platform to send massively unsolicited messages (advertising or other);
- Not to disseminate data that would diminish, disorganize, slow down or interrupt the normal functioning of the Platform.
In compliance with the legal and regulatory provisions in force and in accordance with the French law of 29 July 1881 relating to the freedom of the press, the User undertakes not to disseminate any message or information:
- Constituting wrongful denigration aimed at MINTEED or the Users of the Platform;
- Contrary to public order and good morals;
- Of an abusive, defamatory, racist, xenophobic or revisionist nature, or which undermines the honor or reputation of others;
- Inciting discrimination, hatred of a person or a group of persons because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- Threatening a person or a group of persons;
- Of a pedophilic nature;
- Inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;
- Inciting to suicide;
- Allowing third parties to obtain directly or indirectly pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software or other tool allowing to infringe the rights of others and the security of persons and property;
8.2. Obligations of MINTEED
8.2.1. General provisions
The general obligation of MINTEED is an obligation of means (obligation de moyens). MINTEED is under no obligation of result (obligation de résultat) or reinforced means (obligation de moyens renforcés) of any kind.
MINTEED undertakes to make its best efforts to make the Platform accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of MINTEED and subject to any breakdowns or maintenance operations necessary for the proper functioning of MINTEED.
However, MINTEED cannot be held responsible for any disruptions, interruptions and anomalies that are not of its making and that affect, for example, transmissions via the Internet network and more generally via the communication network, whatever the extent and duration.
It is furthermore specified that MINTEED reserves the right to temporarily interrupt access to the Platform or to suspend all or part of the Services for maintenance reasons, for the improvement and installation of new functionalities, for the audit of the proper functioning or in the event of malfunction or threat of malfunction.
In accordance with the provisions of Sections L.111- 7 and following of the French Consumer Code, as an operator of an online platform, MINTEED undertakes to provide clear, transparent, and fair information on the conditions of its intervention.
MINTEED undertakes to make its best efforts to:
- Ensure a logical and physical safety of its information systems;
- Minimize the risk of security incidents.
However, the use of the Blockchain may entail risks related to hardware, software and Internet connections, the risk of introducing malicious software and the risk that third parties may obtain unauthorized access to the Wallet’s private keys. Each User is therefore responsible for keeping his private key associated with the Wallet.
8.2.2. Legal warranty of conformity
The Users who act as consumers profit from legal warranties such as defined by the Sections L.224-25- 12 and following of the French Consumer Code.
The content and the conditions of implementation of the legal warranty of conformity are specified in the Appendix of the present document.
SECTION 9. LIABLITY
9.1. General provisions
MINTEED declines all liability in particular:
- In case of temporary impossibility to access the Platform for technical maintenance operations or updating the published information. Users acknowledge that MINTEED cannot be held liable in the event of malfunctions or interruptions in the said transmission networks;
- In relation to Sales Contracts concluded through the Platform. In particular, MINTEED is not liable for errors relating to the Public Addresses entered by Users;
- In the event of publication of infringing or illicit content;
- In the event of viral attacks, illicit intrusion into an automated data processing system;
- In case of abnormal use or illicit exploitation of the Platform by a User or a third party;
- In relation to the content of third-party websites to which hyperlinks on the Platform refer;
- In relation to the Blockchain, over which MINTEED has no control;
- In the event of non-compliance with these TOU attributable to Users;
- In case of delay or non-fulfilment of its obligations, when the cause of the delay or non-fulfilment is linked to a case of force majeure as defined in section 11 of the present TOU;
- In the event of a foreign cause not attributable to MINTEED;
- In the event of unlawful action by a Creator or Collector, or contractual nonperformance of a Creator or Collector;
- In the event of force majeure as defined by the applicable case law and in the SECTION “Force Majeure” herein;
- Any problem relating to the conclusion or performance of the Sales Contract concluded between the Creator and the Collector;
In the event of abnormal use or illicit exploitation of the Platform, the User is solely responsible for damages caused to third parties and the consequences of any claims or actions that may result from this.
The User may engage MINTEED’s liability if he/she has previously notified MINTEED by registered letter with acknowledgement of receipt of the alleged breach and if MINTEED has not replied within thirty (30) days of receiving this formal notice.
In any event, MINTEED’s liability may only be sought in the event of proven fault. Under no circumstances may MINTEED be held liable, whatever the type of action brought, for indirect damage of any kind.
The Smart Contracts deployed on the Blockchain have are immutable and definitive. MINTEED cannot be held responsible for the consequences resulting from any error in the configuration of the Smart Contract when this is attributable to the Creator.
In any case, the Creator is informed and expressly acknowledges that MINTEED has no control over the NFTs Minted and/or displayed on the Platform, whether on the Primary Market or the Secondary Market.
9.2. MINTEED’s liability as mere host
MINTEED acts as a hosting services provider under Section 6 I 2° of the French Act for the confidence in the digital economy of June 21st, 2004 with respect to the User’s Content and the User Data.
In this respect, MINTEED may withdraw any content published on the Platform which it has been informed of and which it considers to be manifestly illicit within the meaning of Section 6 I 2° of the French Act No. 2004-575 of 21 June 2004 known as the “LCEN” and may suspend the performance of the Services under the conditions set out as follows.
Notification of manifestly illegal content by the User or any other third party must be made by e-mail to the address: firstname.lastname@example.org or by registered mail with acknowledgement of receipt to: 7, rue Mariotte, 75017 PARIS.
In accordance with Section 6 I 5° of the LCEN, the notification, to be valid, must include the following elements :
- The date of the notification;
- If the notifying party is a natural person: his surname, first names, profession, domicile, nationality, date and place of birth; if the notifying party is a legal entity: its form, its name, its registered office and the body that legally represents it;
- The name and domicile of the addressee or, if it is a legal person, its name and registered office;
- The description of the litigious facts and their precise location;
- The reasons for which the content must be withdrawn, including the mention of the legal provisions and the justifications of facts; and
- A copy of the correspondence addressed to the author or publisher of the litigious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.
9.3. Dispute between Collectors and Creators
It is specified that any dispute arising between a Collector and a Creator must be dealt with between them, the Creator remaining solely responsible for the delivery of the NFTs purchased via the Platform.
When the User contacts MINTEED to make a complaint about a Creator, MINTEED will pass on the complaint as soon as possible by e-mail to the Creator concerned, who will be solely responsible for handling the dispute.
In any event, the Party concerned by the User’s complaint undertakes to respond to this complaint as soon as possible.
Concerned about the image of its Platform, MINTEED invites the Parties to make their best efforts to resolve amicably any dispute in which they are involved.
SECTION 10. INTELLECTUAL PROPERTY
10.1. Intellectual property of the Users
By using the Platform, Users are likely to publish Content belonging to third parties.
Any User publishing Content via the Platform guarantees MINTEED that he/she has all the rights and authorizations necessary for the publication of the said Content and that he/she will maintain such rights and authorizations for the entire duration of his/her registration on the Platform.
The User guarantees MINTEED against any action or claim relating to the intellectual property rights of the Content published by the User on the Platform.
In any event, MINTEED may not be held liable for any act of infringement, given its simple capacity as host of the content published by the Users.
10.2. Intellectual property of MINTEED
The User acknowledges the intellectual property rights of MINTEED on the Platform, its components and the contents relating thereto and waives the right to contest these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Platform, except for the Content published by the Creators, are the exclusive intellectual property of MINTEED and may not be reproduced, used or represented without express authorization under penalty of legal proceedings.
Any representation or reproduction, whether total or partial, of the Platform and its contents, by whatever process, without the prior express authorization of MINTEED, is prohibited and will constitute an infringement sanctioned by Sections L.335-2 and following and Sections L.713-1 and following of the intellectual property code.
MINTEED expressly prohibits as a producer of a database:
- The extraction, by permanent or temporary transfer of the totality or of a qualitatively or quantitatively substantial part of the contents of its database on another support, by any means and under any form whatsoever;
- Reuse, by making available to the public all or a substantial part of the contents of the database, in any form whatsoever;
- The reproduction, extraction, or reuse, by any means, including methods like scrapping of the contents (photographs, description etc…) belonging to MINTEED.
Acceptance of the present TOU constitutes recognition by Users of the Operator’s intellectual property rights and an undertaking to respect them.
MINTEED grants a personal, non-exclusive, and non-transferable license to Users authorizing them to use the Platform and the information it contains in accordance with these TOU.
Any other use of the Platform and its contents is excluded from the scope of this license and may not be made without the prior express authorization of MINTEED.
SECTION 11. PERSONAL DATA PROTECTION
Regarding the cookies used on the Platform, the User can consult MINTEED’s Cookies Policy, also available on the Platform.
SECTION 12. SUPPORT SERVICE
Any question related to the use or operation of the Platform can be formulated in the following ways:
- By e-mail at the following address: email@example.com
- On the MINTEED Discord: https://discord.com/invite/3fT3W8rE8k
SECTION 13. VALIDITY OF THE TOU
SECTION 14. MODIFICATION OF THE TOU
These TOU apply to all Users browsing the Platform. The TOU may be modified and updated by MINTEED at any time, to adapt to legislative or regulatory changes.
The applicable TOU are those in force at the time of navigation on the Platform.
SECTION 15. GENERAL PROVISIONS
The fact that one of the Parties has not required the application of any provision of the present TOU, whether permanently or temporarily, shall in no case be considered as a waiver of the said provision.
SECTION 16. JURISDICTION AND GOVERNING LAW
THESE TOU AND THE RELATIONSHIP BETWEEN THE USER AND MINTEED ARE GOVERNED BY FRENCH LAW.
In such a case, the User is first invited to contact the MINTEED mediation service, i.e. Center of Mediation of the Consumption of Conciliators of Justice (CM2C).
If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity.
In application of Section L. 616-1 of the Consumer Code, MINTEED communicates to the consumer the contact details of the consumer mediator to which he/she is subject. The User may thus contact the MINTEED mediator via:
- An online form: https://www.cm2c.net/declarer-unlitige.php
- By post at the address: 14 rue Saint Jean 75017 Paris
- By email: firstname.lastname@example.org
Any consumer also has the possibility of having recourse to the European platform for the online settlement of disputes accessible at the following address : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. As mediation is not compulsory, the User or MINTEED may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE MAY BE SUBMITTED TO THE COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL IN PARIS TO WHICH JURISDICTION IS EXPRESSLY ASSIGNED, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD-PARTY PROCEEDINGS, INCLUDING FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES IN CHAMBERS OR BY PETITION.
Appendix 1 – Legal Warranty of Conformity
These legal warranties apply to any Creator who acts as a consumer within the meaning of Directive 2011/83/EU on consumer rights, i.e., any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or professional activity.
“The consumer is entitled to the implementation of the legal warranty of conformity in the event of the appearance of a lack of conformity during the Contractual Period chosen by him/her from the supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or the digital service during the chosen Contractual Period.
The legal warranty of conformity gives the consumer the right to have the digital content or the digital service brought into conformity without undue delay following his request, at no cost and without major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund against renunciation of the digital content or the digital service, if:
- (1) The professional refuses to bring the digital content or service into compliance;
- 2° The compliance of the digital content or service is unjustifiably delayed;
- 3° The compliance of the digital content or service cannot be achieved without imposing costs on the consumer;
- (4) the compliance of the digital content or service causes a significant inconvenience to the consumer
- 5° The non-conformity of the digital content or service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in price or to rescission of the contract where the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. In such cases, the consumer is not required to request that the digital content or service be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to rescind the contract if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of restoring its conformity suspends the warranty that remained until the digital content or digital service was supplied in conformity again.
These rights result from the application of Sections L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A professional who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Section L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal warranty for hidden defects pursuant to Sections 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.