Terms and conditions

PREAMBLE

The purpose of these General Conditions of Use (hereinafter the "GCU") is to define the terms and conditions of access to and use of the TOLTEAM digital portal accessible at the address www.tolteam.fr/en (hereinafter the "Portal") and to define the rights and obligations of the parties within the framework of the use of said Portal.

These general conditions of use concern exclusively the Users, exercising a professional activity in the field of the distribution, and frame the conditions in which they can have access and use the Portal, in particular by informing the information required to be potentially authorized to reach the Internet site www.tolteam.fr/en (hereafter "the Site"), with its tariff contents and with the conditions of sale of the products of the Site.

Also, to benefit from the conditions of sale and tariff conditions which are reserved for them on the Site, the professionals will have to create a user account which will have to be validated by TOLTEAM. They will have to, if necessary, justify their quality of professional exercising an activity of distributor and to transmit all information requested by the Owner of the Portal and in particular the Siret number and of intra-community VAT. The User may also be asked to provide an up-to-date Kbis extract or a registration certificate.

By creating a user account, the professional acknowledges that :

• he is a distributor;
• his request to create a user account is directly related to his professional activity as a distributor;
• he/she has full legal capacity, allowing him/her to commit to the present general conditions of use;
• he and the company he represents are domiciled at the addresses indicated, to constitute his customer account;
• the e-mail address that he has communicated is his own and that he regularly consults his e-mail box;
• in a general way, the information given is sincere and exact. 

A User of the Portal (hereinafter referred to as the "User") is defined as any natural or legal person who is a distribution professional and who identifies himself as such on the Portal by means of the registration form.

The present CGU govern the relations between the Portal and any User using or accessing the Portal and wishing to be authorised to access the TOLTEAM commercial site. 

Any use of the Portal assumes consultation and acceptance of these GCU, without however that this acceptance is necessarily express on the part of the User.

If a condition were to be lacking, it would be considered to be governed by the uses in force in the sector of the remote sale whose companies have their seat in France.

The general conditions of use may be subject to change, the applicable conditions are those in force and published on the Portal www.tolteam.fr/en. The edition as well as the safeguard of these conditions are the responsibility of the User.

 

1. Identity of the Portal Owner

Name : HIPPOMAT Company,
Form: Limited liability company with a capital of 500 000 euros,
Address: LAVAL (53000) - 14, Avenue de l'Atlantique (FRANCE),
RCS LAVAL n°344 609 854
INTRA-COMMUNITY VAT NUMBER: FR 82 344 609 854 
E-mail address : contact@hippomat.com

 

2. Presentation of the Portal

The Portal allows professional distributors to access the entire digital catalog of products offered for sale by the TOLTEAM commercial site, without however being able to access information on pricing, this being reserved for Users who have requested the creation of an account which will be subject to validation by the Owner of the Portal.

Since the Portal is not a website of sale, no sale could be regularized or passed from the Portal, all orders or sales being able to be realized only since the user account validated by TOLTEAM. 

Consequently, the access to the contents of the commercial Site TOLTEAM is possible only insofar as the User has a Single Account, created at the time of their first connection on the Portal by filling the dedicated form which will have to be then validated by TOLTEAM. TOLTEAM reserves the right not to validate the user account if the information requested is not provided or in the event of fraudulent or presumed fraudulent action.

The catalog is consultable in French on the territory of the whole world.

3. Access to the Portal

Access to the Portal implies that the User has an Internet connection and the appropriate computer equipment. The User is responsible for setting up the computer and telecommunication resources required to access the Portal. The User is responsible for the telecommunication costs of accessing the Internet and using the Portal.

The User acknowledges that he/she has checked that his/her computer configuration is virus-free and in perfect working order. 

Access to the Portal is possible 24 hours a day, 7 days a week, subject to the reservations indicated below.
 
The User declares that he/she is fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information on the Internet is only relatively reliable technically, as these circulate on heterogeneous networks with diverse characteristics and technical capacities, which disrupt access or make it impossible at certain times.
 
TOLTEAM is not bound by any obligation of result concerning the accessibility of the Portal and is in no way responsible for its interruptions and the consequences which may result for the User or any third party.
 
TOLTEAM reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Portal, in particular for maintenance and upgrading operations necessary for the proper functioning of the Portal and the related materials, or for any other reason, in particular technical.

4. Duration

Access to the portal is authorised for an unlimited period.

TOLTEAM may remove the User's access to the portal at any time and without cause by giving fifteen (15) days' notice by sending an e-mail to the address given by the User when creating his or her User account or by sending a registered letter with advice of delivery. 

The User may delete his account at any time, which will remove his access to the portal.

 

5. Personal Data

The Portal will collect certain information about the User. 

The conditions of collection of personal data and their use are described below:

5.1 Collection of personal data

The personal data that are collected on the Portal are the following:

Account opening:
When the User's account is created, his surname, first name, electric address and date of birth, his email address, his telephone number and his geographical location, as well as the name of the company he represents, its legal form, the address of the registered office, his registration number in the Trade Register, his intra-community VAT number if applicable,.

Cookies:
Cookies may be used in the context of the use of the Portal. The user has the possibility to deactivate the cookies from the settings of his browser.

5.2 Use of personal data

The personal data collected is used for the following purposes :

• the validation of the User's Account allowing him/her to connect to the Website;
• the provision of services on the TOLTEAM commercial site, once the User account has been validated and activated;
• the improvement and maintenance of a secure environment. 

More precisely the uses of the collected data are the following ones:

• Validation of the Access for the use of the Site by the User;
• Management of the operation and optimization of the Portal;
• Verification, identification and authentication of data transmitted by the User;
• Implementation of user assistance;
• Personalization of services by displaying advertisements according to the user's browsing history and preferences; 
• Prevention and detection of fraud, malicious software and management of security incidents;
• Sending commercial or advertising information according to the User's preferences.

5.3 Security and confidentiality

The Portal implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Portal cannot guarantee the security of the transmission and storage of information on the Internet.

5.4 Implementation of users' rights

In accordance with the regulations applicable to personal data, Portal users have the following rights:

• They can update or delete their data by logging into their account and configuring the settings of this account;
• They can delete their account by writing to the following e-mail address: contact@tolteam.fr. 
• They can exercise their right of access, to know the personal data concerning them, by writing to the following e-mail address: contact@tolteam.fr. In this case, before implementing this right, the Portal may request proof of the user's identity in order to verify its accuracy;
• If the personal data held by the Portal are inaccurate, they may request the update of the information, by writing to the following e-mail address: contact@tolteam.fr.

Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@tolteam.fr.

In accordance with the "Informatique et Libertés" law n° 78-17 of January 6, 1978, and the European Union Regulation n°2016/679 of April 27, 2016 (known as RGPD), the User has a right to access, rectify, oppose and delete personal data concerning him/her with the Portal Owner.

The Portal Owner undertakes not to communicate personal data to other organizations or companies, without having previously informed the User by sending an e-mail to the address provided by the User. 

The User's data will be kept confidential for a period of five (5) years from the last connection of the User once they have been verified and the User's account activated.

In the event that the data transmitted by a User cannot be used to validate and activate an account, the data transmitted will be destroyed within one (1) month of their transmission.

The User may receive commercial proposals. If the User does not wish to receive these proposals, he can inform the teams in charge of the TOLTEAM Portal by mail or by e-mail: " contact@tolteam.fr ".  

By informing his personal data, the User recognizes and accepts that the collected data are the object of a treatment necessary for the validation of his account and its activation. Consequently, he/she agrees that any personal data transmitted and collected may be processed by TOLTEAM or, where applicable, by its subcontractors, service providers or any other persons who may act on its behalf.

6. Responsibility

A party cannot be held responsible for the non-performance of its obligations due to a case of force majeure, as recognized by the law and jurisprudence, i.e. an event external to the parties, unforeseeable and irresistible, which will have the effect of suspending the performance of its contractual obligations.

TOLTEAM cannot be held responsible for any loss of data or files. It is the User's responsibility to make all necessary backups. 

The www.tolteam.fr/en Portal also contains information from third parties, and links to other Internet sites. Except in the case of fault on its part, the Portal Owner cannot be held responsible for any damage resulting from the use of, access to, or inability to use this third-party information, nor for the content of other Internet sites.

7. Intellectual Property

All elements of the www.tolteam.fr/en Portal, namely texts, comments, works, illustrations and images, are and remain the exclusive intellectual property of HIPPOMAT. 

Only the consultation of the Portal and the navigation on it is authorized. No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the Portal, in any manner whatsoever, including software, visual or audio. Any setting up of a simple link or by hypertext is strictly forbidden without the express written agreement of TOLTEAM.

8. General provisions

8.1 Partial invalidity

If one or more provisions of these general terms and conditions of use are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope. 

8.2 Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of use shall not be interpreted for the future as a waiver of the obligation in question. 

8.3 Notice 

Any claim relating to the use of the Portal and personal data must be made by either party by registered letter with acknowledgement of receipt or by email confirmed by post. 

8.4 Applicable law and jurisdiction 

For the purposes of this Agreement, HIPPOMAT shall have its registered office as mentioned in Article 1 hereof.

Any dispute concerning the application of these general terms and conditions of use and their interpretation or the use of the data collected shall be subject to the jurisdiction of the Commercial Court of LAVAL (53) regardless of the location or establishment of the User's registered office and even in the event of a warranty claim or multiple defendants.
The attribution of jurisdiction to the Commercial Court of LAVAL (53) is general and applies whether it is a main claim, an incidental claim, an action on the merits or a summary proceeding.

In addition, in the event of legal action or any other action by our Company, the costs of summons and court proceedings, lawyers' fees, bailiffs' fees and all related costs shall be borne by the User who has not performed his obligation.